FMLA/FLSA Enforcement Data Shows Little Change From Prior Year

January 29, 2024

What's New

Enforcement statistics related to the Family and Medical Leave Act and the Fair Labor Standards Act do not show much change from fiscal year 2022 to fiscal year 2023, according to data from the Wage and Hour Division.

The information showed that in FY 2023, WHD closed 334 FMLA cases in which it found that an employer violated the law. The agency reported that 395 employees received back wages approaching $988,000 from FMLA violation cases in FY 2023.

In the FLSA category, WHD reported that it collected $156.2 million in back wages for 135,067 employees in FY 2023. From this total, $130.7 million went to 106,759 employees for overtime violations; $20.9 million went to 31,158 employees for minimum wage violations; and the remainder went to 6,645 employees for tip-related violations and 60 employees for retaliation.

What It Means

It is difficult to base year-to-year comparisons on this data because WHD did not release as much FMLA and FLSA enforcement data for FY 2023 as it released for previous years.

Furthermore, DOL’s data do not paint a complete picture of FMLA and FLSA enforcement trends because both statutes allow aggrieved individuals to sue in federal court without filing a complaint with WHD.

What You Should Do

CWC members may find it useful to discuss ways to mitigate FLSA and FMLA risk with other members in a Conversation Corner or through the Compliance Network in CWC Collaborate.

RELATED CONTENT

Add

Data pager
Data pager
1 2 3 4 5 6 7 8 9 10 ... Page size: 5 10 20 50 Change page size 288 items in 58 pages

Show all 288

Recovery of Back Wages Decreased in FY 2024, DOL Reports

Nov 20, 2024 – Limited enforcement data reported by the Labor Department under the Fair Labor Standards Act show that DOL recovery of back wages for violations has dropped to its lowest level in a decade.

FMLA/FLSA Enforcement Data Shows Little Change From Prior Year

Jan 29, 2024 – In FY 2023, the Wage and Hour Division (WHD) closed 334 FMLA cases and collected $156.2M in back wages for FLSA violations. Though year-to-year comparisons are limited, employers should focus on FMLA and FLSA compliance to avoid violations.

DOL Reports Decline In FLSA Enforcement Closures In FY2022

Feb 24, 2023 – The Labor Department reports that the number of administrative complaints it closed in fiscal year 2022 alleging overtime and minimum wage violations under the FLSA declined for the 10th straight year.

Senate Confirms Looman as New DOL Wage and Hour Administrator

Oct 30, 2023 – The confirmation of a new wage and hour administrator sets the stage for a more active regulatory and policy agenda at this important agency.

Revived PAID Program Offers Relief for Employers Self-Reporting Potential FLSA and FMLA Violations

Jul 30, 2025 – The Department of Labor is bringing back an updated version of the PAID program, which allows an employer to report its inadvertent wage violations and pay them back, with DOL approval, without litigation or penalties.

Subscribe to CWC's Updates and Events

CLICK TO SIGN UP