Legal Definitions - WHD

WHD stands for the Wage and Hour Division.

The Wage and Hour Division (WHD) is a federal agency within the U.S. Department of Labor. Its primary responsibility is to enforce a wide range of federal labor laws that protect workers' wages, hours, and employment conditions. This includes ensuring compliance with statutes such as the Fair Labor Standards Act (FLSA), which governs minimum wage, overtime pay, recordkeeping, and child labor standards. The WHD investigates complaints, conducts compliance assistance for employers, and takes action to ensure that workers receive the pay and protections they are legally entitled to.

Here are some examples of how the Wage and Hour Division operates:

• Imagine a group of construction workers who regularly work more than 40 hours a week but are not receiving time-and-a-half pay for their overtime hours, as required by law. If they file a complaint, the Wage and Hour Division would investigate their employer to determine if a violation of federal overtime pay regulations has occurred and ensure the workers receive any back wages owed.

  This example illustrates the WHD's role in enforcing overtime pay requirements, a critical component of the Fair Labor Standards Act.

• Consider a situation where a small factory is found to be employing teenagers under the age of 16 to operate heavy machinery, which is prohibited for minors under federal child labor laws. The Wage and Hour Division would launch an investigation into the factory's practices, potentially imposing penalties and requiring the employer to cease such illegal employment.

  This demonstrates the WHD's responsibility for protecting young workers by enforcing child labor standards and preventing hazardous work for minors.

• Suppose a large call center implements a policy where employees are required to perform unpaid work before their official shift begins, such as booting up computers and logging into systems. If an employee reports this, the Wage and Hour Division could investigate whether this "off-the-clock" work constitutes compensable time under federal law, potentially requiring the employer to pay for these previously unpaid hours.

  This highlights the WHD's function in ensuring that all hours worked, including preparatory tasks, are properly compensated according to federal minimum wage and hour laws.