Niche News

DOL Wage and Hour Division releases new compliance assistance webpage, toolkits and FMLA videos

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Key takeaways

  • Wage and Hour Division launched a compliance assistance webpage and revamped industry toolkits to help employers understand federal labor laws.
  • A new video series on the Family and Medical Leave Act (FMLA) is available on YouTube for employers and workers.
  • The department relaunched its opinion letter program to provide tailored guidance on how federal labor laws apply in specific situations.
  • The PAID (Payroll Audit Independent Determination) program assists employers in self-reporting and resolving potential FLSA violations and now covers certain potential FMLA violations.
  • Workers can search for possibly owed back wages using the WHD search tool and both employers and workers can call the WHD helpline at 866-4US-WAGE (487-9243).
  • Media contacts for the release are Grant Vaught (202-693-4672) and Christine Feroli (202-693-4664).

Follow Up Questions

What specific topics and industries do the revamped compliance assistance toolkits cover?Expand

The WHD toolkits cover a wide range of topics and industries, including: garment, agriculture, youth employment, restaurants, resorts & hotels, construction, childcare, auto repair & maintenance, government contracts, FLSA basics, FMLA, H‑1B, natural disaster guidance, and a Basic Compliance Toolkit — plus posters and sector‑specific fact sheets listed on the WHD Compliance Assistance Toolkits page.

How does the PAID program work and what types of FMLA issues are now eligible for PAID resolution?Expand

PAID lets eligible employers self‑audit and voluntarily report potential FLSA and certain FMLA problems to WHD for expedited resolution without civil monetary penalties. Employers must review WHD materials, conduct an audit, identify affected employees and timeframes, calculate back wages or specify FMLA remedies, and submit documentation to WHD; WHD reviews and, if accepted, supervises payments/remedies. The FMLA issues eligible include miscalculating available FMLA leave, incorrectly denying FMLA eligibility, improperly assessing attendance points for FMLA leave, and mischaracterizing FMLA leave as unexcused absence (among others). Remedies must generally be implemented and paid within 15 days; employees may accept or reject PAID offers.

What is an opinion letter from the Wage and Hour Division and how can employers request one?Expand

An opinion letter is WHD’s official written response explaining how a wage‑and‑hour law applies to a specific workplace fact pattern. Employers (or others) may request one by emailing WHDOpinionLetters@dol.gov or mailing a signed request to the Division of Regulations, Legislation and Interpretation at the WHD address; requests should describe facts, cite relevant law, confirm the matter is not already under investigation/litigation, and may be published — WHD reviews requests at its discretion.

What information can workers find using the WHD search tool (WOW) about back wages and collections?Expand

Using the Workers Owed Wages (WOW) search tool, workers can look up whether the Wage and Hour Division is holding back wages on their behalf (search by name, employer, or case) and, if listed, submit a claim to recover those wages; the tool displays the cases and contact/claim instructions for claiming payments the agency recovered.

Are the FMLA videos available in languages other than English, and are there accessibility options (captions, transcripts)?Expand

Yes. WHD’s FMLA video series is posted on the Department’s site/YouTube and includes captions and transcripts; many DOL materials are also available in Spanish and other languages. For specific language versions or full accessibility features for each video, WHD’s FMLA toolkit and the YouTube posting list available captions/transcript options and language resources.

Do the new compliance resources create any obligations or new enforcement mechanisms for employers?Expand

No. The new compliance assistance resources (toolkits, videos, PAID info, opinion‑letter access) provide guidance and voluntary channels to correct issues but do not create new legal obligations or new enforcement authority; WHD’s underlying enforcement powers and legal obligations remain unchanged. Participation in PAID is voluntary and WHD will not generally impose penalties for employers who proactively participate, though WHD continues to investigate non‑participating employers and enforces the law.

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