The U.S. Department of Labor is increasingly asking for employers’ wage and compensation practices as part of Family and Medical Leave Act investigations, attorneys at employer-side firm Littler Mendelson told HR Dive.
Jeff Nowak, shareholder at the firm and author of the FMLA Insights blog, wrote about the trend on Dec. 11. Nowak’s analysis included a “laundry list of requests” received from DOL during a 2024 FMLA investigation. Items on the list included requests for gross earnings data from 2020 onward; information on break time and paid leave policies; and pay frequency, among other items.
In an interview, Trevor Hardy, a fellow shareholder at Littler, told HR Dive that he and clients have seen an increase in such requests over the last year. DOL has the authority to investigate both FMLA and Fair Labor Standards Act violations, he noted, so the agency could view FMLA investigations as a chance to review additional employer information.
“It could be an opportunity to do a checkup and see what the situation looks like,” Hardy said.
DOL’s public affairs department did not immediately respond to a request for comment.
Hardy said he is not certain whether the trend is likely to continue under the incoming Trump administration. “Once the [labor secretary] gets replaced and we see some guidance, we may have a better opportunity to understand what investigations will look like and what the regulatory landscape will look like,” he added.
Employers, though, may consider adding FLSA policy and pay practices to their FMLA policy reviews in preparation for investigations, Hardy said.
DOL’s Wage and Hour Division conducted 349 compliance actions involving violations of the FMLA during its 2024 fiscal year, according to agency data, the highest such count dating back to 2021. The 2024 violations resulted in more than $1.4 million in back wages owed to 344 employees. Denial of leave and discrimination were the most common FMLA violations found.
