DOL Collects Record Back Wages -- I Am From the Government and I Am Here to Help You!

I don't make jokes. I just watch the government and report the facts.

— Will Rogers

The U.S. Department of Labor (DOL) today announced that the Wage and Hour Division (WHD) recovered a record $304 million in wages owed to workers in Fiscal Year 2018. WHD also says it set a new record for compliance assistance events in FY 2018, holding 3,643 educational outreach events – including on the ground presentations and trainings – to help job creators understand their responsibilities under the law. https://www.dol.gov/newsroom/releases/whd/whd20181009.

That is the press release. Here is the reality. DOL claims back wage credit for all kinds of government or employee errors: like omission of wage determinations (“WDs”); inclusion of wrong WDs; omission of required contract clauses; employees who on their own initiative come in early, work through lunch, and stay late; enforcement of “gotcha” provision of prevailing wage laws like punishing employers who let employees carry forward vacation benefits; and other situations that do not involve any employer culpability. As for the DOL training, I am skeptical regarding the claims for educational outreach. And at least some of the formal training programs are little more than travel and per diem opportunities for the federal work force.

But there you have it — even under Mr. Trump the DOL back wage machine is going about its business. It is important business, and there is no evidence DOL is slacking off.