Legal Definitions - Wage and Hour Division

The Wage and Hour Division (WHD) is a vital agency within the U.S. Department of Labor. Its primary responsibility is to protect the rights and welfare of American workers by enforcing a wide range of federal labor laws. These laws cover essential aspects of employment, including minimum wage, overtime pay, child labor standards, family and medical leave, and restrictions on the use of lie detector tests by employers. The WHD investigates complaints, educates employers and employees about their rights and obligations, and takes action to ensure compliance with these vital workplace protections.

Here are some examples of situations where the Wage and Hour Division would be involved:

• Example 1: Overtime Pay Dispute
  A small manufacturing company consistently pays its production line workers a flat salary, even when they work more than 40 hours a week, without providing additional overtime pay. An employee, realizing this might be illegal, files a complaint with the WHD. The WHD investigates, determines the company is violating the Fair Labor Standards Act (FLSA) by not paying proper overtime, and orders the company to pay back wages to affected employees and comply with the law going forward.

  This example illustrates the WHD's role in enforcing federal wage laws, specifically ensuring employees receive proper overtime compensation as mandated by the FLSA.

• Example 2: Family Leave Denial
  A marketing professional needs to take several weeks off to care for her seriously ill parent, a situation covered under the Family and Medical Leave Act (FMLA). Her employer initially denies the request, claiming she's not eligible, even though she meets all the criteria. The employee contacts the WHD for guidance. The WHD clarifies the FMLA requirements to both the employee and the employer, leading the employer to approve the leave and understand their obligations under the law.

  This demonstrates the WHD's function in ensuring employees can exercise their right to job-protected leave for family or medical reasons, as provided by the FMLA.

• Example 3: Child Labor Violations
  A local grocery store employs several teenagers, some under the age of 16, and regularly schedules them to work past 9 PM on school nights, exceeding the maximum hours and permissible times allowed for minors under federal law. After receiving an anonymous tip, the WHD conducts an inspection. They find the store in violation of federal child labor laws regarding permissible work hours and times for young workers. The WHD issues penalties and requires the store to adjust its scheduling practices to comply with the law.

  This scenario highlights the WHD's enforcement of child labor protections, ensuring that young workers are employed safely and within legal limits regarding hours and types of work.