The new leadership of the Department of Labor has strongly signaled its intent to pursue employers for claims of retaliation – which means that employers need to beef up their compliance initiatives to avoid committing a violation. On March 10, the Department of Labor’s Wage and Hour Division issued an enforcement directive to its regional and district offices that confirms the agency’s commitment to the retaliation initiative. What do you need to know about this development and what should you do to prepare?
Retaliation in the Crosshairs
In Field Assistance Bulletin (FAB) 2022-02, the Acting Administrator of the Wage and Hour Division emphasized the agency’s commitment to fully enforce the retaliation provisions of a host of laws that it oversees. This directive to Wage and Hour’s investigative staff follows a February webinar regarding retaliation enforcement initiatives that included the Solicitor of Labor, the Chair of the Equal Employment Opportunity Commission, and the General Counsel of the National Labor Relations Board. These coordinated efforts demonstrate a high-level commitment within these agencies to investigate and litigate retaliation claims against employers.
In the FAB, the Wage and Hour Division set forth its jurisdiction to investigate and enforce retaliation accusations under the following statutes, executive orders, and trade agreements:
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