The U.S. Department of Labor (DOL) announced on February 1st, 2022, that its Wage and Hour Division (WHD) will add 100 investigators to support enforcement efforts. Specifically, the team will focus on the protection of workers’ wages, migrant and seasonal workers, family and medical leave entitlement, and federal contractor wage requirements. Earlier, on January 19, the DOL made inflation adjustments for civil money penalties in 2022.

Overview of the WHD

Created in 1938 with the enactment of the Fair Labor Standards Act (FLSA), the WHD enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements under the FLSA. In addition, it administers and enforces specific laws under various acts. These include:

• the Migrant and Seasonal Agricultural Worker Protection Act,
• the Employee Polygraph Protection Act,
• the Family and Medical Leave Act, and
• several immigration-related statutes.

Furthermore, each of the laws administered and enforced by the WHD includes protections against retaliation for employees who complain of violations of their rights. All in all, labor laws under the WHD affect more than 148 million workers in the U.S.

Hiring Investigators to Support Enforcement

In order to ensure employers succeed in their compliance efforts, the WHD keeps a team of investigators to support the enforcement of the several labor laws applicable to businesses. Further, the WHD will add 100 investigators to the team in 2022. Correspondingly, the addition follows a January 6 announcement of a memorandum of understanding between the WHD and the National Labor Relations Board (NLRB). Indeed, the agencies’ partnership strengthens their enforcement relationship and boosts efforts to educate employers and ensure compliance. Consequently, both moves grow the WHD’s ability to enforce the labor laws it oversees. In general, investigators have a responsibility to:

• conduct investigations to determine whether employers pay workers and ensure they enjoy specified rights under the law,
• ensure that non-compliant employers do not undercut employers who abide by applicable labor laws,
• help prevent retaliation and worker misclassification as independent contractors, and
• promote compliance efforts and inform employees of their rights through outreach and public education.

In conclusion, the WHD’s decision to hire 100 investigators to support enforcement efforts comes as the agency expects an increase in newly employed workers this year. As Acting Wage and Hour Administrator Jessica Looman stated, “Adding 100 investigators to our team is an important step in the right direction … We anticipate significantly more hiring activity later in fiscal year 2022.”

Employer Takeaways

In light of the WHD’s recent growth in enforcement capabilities, employers should ensure compliance with applicable federal labor laws. Specifically, employers of federal contractors, migrant or seasonal workers, and those offering FMLA benefits should examine wage and hour laws. Furthermore, affected employers should perform a relevant self audit. After all, the WHD intends to focus its increased enforcement activity on those sectors.