DOL Reports Decline In FLSA Enforcement Closures In FY2022

February 24, 2023

What's New

The U.S. Department of Labor reports that the number of administrative overtime and minimum wage complaints it closed declined for the 10th straight year in fiscal year 2022.

DOL closed only 13,853 wage and hour complaints in FY 2022, compared with 24,511 in FY 2013, according to annual FLSA enforcement data. DOL closed 7,948 minimum wage violation cases in FY 2022, an increase of 9.1% over last year and the first recorded increase after five years of decline. DOL closed 5,905 FLSA-based overtime cases in FY 2022, a 17.5% drop from the year before and the lowest number of reported overtime case closures in nearly 15 years. Total closed cases declined by 4.1%.

DOL collected a total of $152.5 million in back wages for FLSA-based resolutions in FY 2022, down 7.3% from the $164.6 million collected the previous year. The FY 2022 total is the lowest collection amount dating back 15 years.

What It Means

The number of FLSA-based lawsuits filed in federal court exceeded the number of FLSA overtime cases closed by DOL in FY 2022 for the first time in more than 15 years. (A person claiming a FLSA violation does not have to file an administrative complaint before suing in court.) The downward trend in closures by DOL has continued despite an expectation that FLSA enforcement would increase dramatically under the Biden Administration.

What You Should Do

Consider registering for CWC’s upcoming course Fundamentals of Wage and Hour Compliance to stay on top of enforcement trends.

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