On May 19, 2022, the U.S. Department of Labor announced its renewal of a multi-year nationwide initiative to help workers and increase federal compliance by food service employers, an industry where – in fiscal year 2021 – the DOL’s Wage and Hour Division (WHD) found violations in nearly 85 percent of its restaurant investigations.
These investigations led the WHD to recover more than $34.7 million in back wages for more than 29,000 workers and to assess employers with $3.2 million in penalties.
The food service workers initiative combines enforcement with outreach and education to raise awareness of the types of pay practices and other actions by employers that most commonly violate the Fair Labor Standards Act and other federal labor laws. These violations include those related to the federal minimum wage, overtime pay, tips, employing child labor, and making illegal wage deductions. The effort will encourage employers and workers to learn more about the protections and assistance the WHD offers.
The DOL recently published added resources addressing retaliation against employees who assert their workplace rights or cooperate with investigations by the WHD.
The WHD also provides resources and information for employers, which includes interpretive guidance and interactive E-laws advisor, to help them avoid the consequences of non-compliance with federal laws governed by the WHD.
Employers can call the WHD confidentially with questions at its toll-free helpline at 866-4US-WAGE (866-487-9243). HEC members may also contact their designated HR Consultant, or call the hotline at 808-586-1511.