The Department of Labor’s (DOL’s) Wage and Hour Division (WHD) and the Equal Employment Opportunity Commission (EEOC) recently entered into a memorandum of understanding (MOU) outlining a collaboration between the two entities to enforce federal laws and regulations that advance fair pay and equal employment opportunity.
The MOU identifies key areas in which the agencies will work together. It specifically addresses information sharing between the agencies, coordinated investigations, training, and outreach.
Under the MOU, the WHD and EEOC can share any information or data that supports each agency’s enforcement activities. This includes referrals of complaints between agencies and sharing of information in investigative files relating to alleged violations of the laws enforced by WHD and the EEOC. The agencies will further explore ways to efficiently share information and data sharing relating to the following:
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Employment discrimination based on race, color, religion, sex, national origin, age (for those 40 and older), disability, or genetic information
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Unlawful compensation practices, such as violations of minimum wage, overtime pay, or wage discrimination laws
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Working and living conditions of employees
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Denial of required break times or places for nursing mothers to express milk
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Unlawful retention of employees’ tips
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Unlawful denial of family and medical leave and leave-related discrimination based on disability, pregnancy, or caregiving responsibilities
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Employment opportunities for individuals with disabilities
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The identification and investigation of employment structures where employees have been misclassified as independent contractors and/or where joint employer liability may facilitate compliance and accountability under the law
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Unlawful retaliation against workers who assert workplace rights, including retaliatory exploitation of immigration status to discourage workers from asserting their rights
The WHD and EEOC will also work together by coordinating investigations of matters arising within both agencies’ jurisdictions. Further, the agencies will provide training to staff in identifying cases and issues that may arise under the other agency’s jurisdiction. Additionally, the agencies have pledged to engage in joint outreach and public education pertaining to federal employment laws.
Employers should understand the possibility that these agencies may exchange information, potentially resulting in the broadening or inclusion of further investigations or audits. Employers seeking guidance on legal compliance or are in need of administrative representation when dealing with federal agencies are encouraged to contact Employers Council's Legal Services department.
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