The Biden Administration continues to increase administrative agency enforcement initiatives.
In a recent press release, the United States Department of Labor’s Wage and Hour Division (“WHD”) announced that it now offers new resources “to help combat employer retaliation against workers who exercise their legal rights.” One of those resources is a Field Assistance Bulletin on “Protecting Workers from Retaliation” (“Bulletin”).
Unlike many other sub-regulatory publications issued by the WHD, this Bulletin provides more of a reminder — perhaps even a warning — that the WHD does not tolerate workplace retaliation, and “will use every enforcement tool available” to address it.
The WHD is responsible for administering and enforcing a significant number of federal laws that set basic labor standards, including the Fair Labor Standards Act, the Family and Medical Leave Act, certain provisions of the Immigration and Nationality Act, Executive Orders establishing paid sick leave and the minimum wage for federal contractors, and the Consumer Credit Protection Act.
On April 21, 2022, about a month following the announcement of the Bulletin, the WHD issued another press release, this time announcing that it had successfully obtained a temporary restraining order against a New Jersey employer for alleged retaliation.
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