The U.S. Division of Labor is more and more asking for employers’ wage and compensation practices as a part of Household and Medical Depart Act investigations, attorneys at employer-side agency Littler Mendelson instructed HR Dive.
Jeff Nowak, shareholder on the agency and creator of the FMLA Insights weblog, wrote in regards to the pattern on Dec. 11. Nowak’s evaluation included a “laundry checklist of requests” obtained from DOL throughout a 2024 FMLA investigation. Gadgets on the checklist included requests for gross earnings information from 2020 onward; info on break time and paid depart insurance policies; and pay frequency, amongst different gadgets.
In an interview, Trevor Hardy, a fellow shareholder at Littler, instructed HR Dive that he and shoppers have seen a rise in such requests during the last yr. DOL has the authority to research each FMLA and Honest Labor Requirements Act violations, he famous, so the company might view FMLA investigations as an opportunity to evaluate further employer info.
“It could possibly be a possibility to do a checkup and see what the state of affairs seems like,” Hardy stated.
DOL’s public affairs division didn’t instantly reply to a request for remark.
Hardy stated he isn’t sure whether or not the pattern is prone to proceed underneath the incoming Trump administration. “As soon as the [labor secretary] will get changed and we see some steerage, we might have a greater alternative to grasp what investigations will appear like and what the regulatory panorama will appear like,” he added.
Employers, although, might contemplate including FLSA coverage and pay practices to their FMLA coverage opinions in preparation for investigations, Hardy stated.
DOL’s Wage and Hour Division carried out 349 compliance actions involving violations of the FMLA throughout its 2024 fiscal yr, in response to company information, the very best such rely relationship again to 2021. The 2024 violations resulted in additional than $1.4 million in again wages owed to 344 staff. Denial of depart and discrimination have been the most typical FMLA violations discovered.
