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In a new Field Assistance Bulletin (FAB) 2022-20, the Wage and Hour Division (WHD) of the U.S. Department of Labor reinforced its commitment to fully enforce the retaliation provisions of the laws the Agency oversees. The laws include the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).

Retaliation occurs when an employer takes an adverse action against an employee because of the employee’s participation in a protected activity. Protected activities include actions like complaining to a manager or the Wage and Hour Division or merely requesting certain types of leave. For example, an employee who is terminated or has their hours cut because of a request for FMLA could then file a complaint for retaliation.

Upon receiving a complaint, the WHD will investigate. If a violation is found, the WHD may pursue administrative or legal remedies, including the recovery of lost wages, reinstatement or front pay, assessment of liquidated damages and civil money penalties, and additional remedies, such as compensatory and punitive damages, dependent on the statute violated.

In light of WHD’s statement, employers should exercise caution when disciplining employees engaged in protected activity. An attorney with Employers Council can provide a risk analysis and give suggestions on mitigating risk. Likewise, employers should train supervisors and managers on retaliation to avoid accidental violations.