Department of Labor plans increase in wage-and-hour team

By: Mass. Lawyers Weekly Staff
February 22, 2022

The U.S. Department of Labor is seeking to hire 100 investigators in its Wage and Hour Division to step up its enforcement efforts, including the protection of workers’ wages, migrant and seasonal workers, rights to family and medical leave, and prevailing wage requirements for workers on federal contracts.

Investigators’ responsibilities include:

  • Conducting investigations to determine if employers are paying workers and affording them their rights under federal law.
  • Helping ensure that employers who are following the law are not undercut by employers who violate the law.
  • Promoting compliance through outreach and public education initiatives.
  • Supporting efforts to combat worker retaliation and worker misclassification as independent contractors.

“Adding 100 investigators to our team is an important step in the right direction,” said Acting Wage and Hour Administrator Jessica Looman. “We anticipate significantly more hiring activity later in fiscal year 2022. While appropriations will determine our course of action, we are optimistic we will be able to bring new talented professionals onboard to expand our diverse team.”

In fiscal year 2021, the Wage and Hour Division collected $230 million in wages owed to 190,000 workers. Division representatives also conducted 4,700 outreach events to educate employers and workers about their workplace rights and responsibilities.

The uptick in hiring is in sync with the Biden administration’s focus on employees’ rights.

The types of violations the Wage and Hour Division looks out for include failure to follow local, state or federal minimum wage laws; failure to pay overtime; tip theft; failure to allow breaks; and failure to allow unpaid, job-protected leave after having a baby or for a medical condition, which the Family and Medical Leave Act mandates.

These violations disproportionately affect essential workers and immigrant workers, according to the DOL. Industries that tend to have more violations include food service, retail and construction.

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