Wage and Hour Division (WHD)

Celebrating the Power to Pump at Work

McGinnis.Laura.K@dol.gov — Fri, 10 May 2024 13:05:46 +0000

Celebrating the Power to Pump at Work

For me, becoming a mother was full of joy and wonder. But, as any parent can attest, it can also be challenging and exhausting. Returning to work is not the least of the challenges. The return to work is a key moment when you are forced to reconcile who you once were with who you are now – a working mom. And for breastfeeding parents, that means a daily grind of hauling pumping equipment, washing pump parts and managing a pumping schedule to continue to nurse your baby.

My son was born last year, and I have been pumping at work since I returned from leave last November. I am grateful that I do not have to worry about having time and space at work to pump breastmilk on top of managing all of the other changes in our family life. Thanks to the Providing Urgent Maternal Protections Act (“PUMP” Act), which President Biden signed into law at the end of 2022, some 9 million additional women won’t have to add this worry to their list either.

The decision to breastfeed is a deeply personal choice, and it is a choice that all parents should be able to make without worrying that their workplace will not accommodate their need to pump. Not being able to pump over the course of several hours – let alone several shifts – can have significant impacts on a worker’s comfort and their ability to express breastmilk, maintain their breastmilk supply and provide nutrition for their child. These are common challenges that nursing parents face, and the law now recognizes the need for workplace protections for many more women.

The Wage and Hour Division (WHD) at the U.S. Department of Labor has been hard at work to implement the expansion of the right to break time and private space to express breast milk at work to many more working parents.

New guidance on the PUMP Act

In January 2023, we updated our fact sheet, “FLSA Protections for Employees to Pump Breast Milk at Work,” and published Frequently Asked Questions (FAQs) to provide accessible information. Shortly afterwards, we released the PUMP Act Field Assistance Bulletin, which provides guidance to the public and WHD field staff regarding enforcement of the pump at work provisions of the FLSA, and held a nationwide webinar.

The #PowerToPump Initiative

On Aug. 1, 2023, we marked the start of World Breastfeeding Week and National Breastfeeding Month with a nationwide Day of Action to launch our #PowerToPump initiative, which focuses on educating workers, employers and stakeholders on workers’ expanded rights to pump at work under the PUMP Act. On this Day of Action, our 54 district offices and the national office distributed PUMP Act materials to over 300 community-based organizations and nonprofits across the country, including WIC offices, worker centers, breastfeeding coalitions and health clinics. We continue to partner with these organizations to provide presentations, resources and information about workers’ rights under the law. We released door hangers for workers to hang outside of their designated pumping space at work and workers' rights cards.

We are also working to ensure that employers have the information they need to make these rights a reality for working moms. We know that even one day without the ability to pump at work can make a pumping mom sick or experience a decrease in milk supply, so our families need employers to get this right from the moment working moms return to work.

As part of the #PowerToPump initiative, we provided industry-specific webinars and FAQ guidance to five key industries impacted by the expanded protections: agriculture, retail and restaurant, care, transportation, and education.

New materials for Mother’s Day

In recognition of Mother’s Day, we’ve revamped our Maternal Health webpage to better help the public understand the range of federal protections for workers during pregnancy and after childbirth.

In addition, we released new Frequently Asked Questions about PUMP Act protections, based on real questions from stakeholders and webinar attendees.

Since the PUMP Act’s implementation, our field staff have conducted nearly 900 outreach events about the pump at work provisions of the FLSA. We will continue to incorporate feedback from workers, advocates and employers to ensure our guidance is as helpful as possible and that all employers have the tools to comply with the law and support working parents.

This Mother’s Day, we celebrate the impact of the PUMP Act and honor working parents across the country for all that they do.

Kristin M. García is the deputy administrator for the Department of Labor's Wage and Hour Division. Follow the division on LinkedIn and on Twitter at @WHD_DOL.

McGinnis.Laura… Fri, 05/10/2024 - 09:05

Kristin García

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What the New Overtime Rule Means for Workers

McGinnis.Laura.K@dol.gov — Tue, 23 Apr 2024 16:50:28 +0000

What the New Overtime Rule Means for Workers

One of the basic principles of the American workplace is that a hard day’s work deserves a fair day’s pay. Simply put, every worker’s time has value. A cornerstone of that promise is the Fair Labor Standards Act’s (FLSA) requirement that when most workers work more than 40 hours in a week, they get paid more. The Department of Labor’s new overtime regulation is restoring and extending this promise for millions more lower-paid salaried workers in the U.S.

Overtime protections have been a critical part of the FLSA since 1938 and were established to protect workers from exploitation and to benefit workers, their families and our communities. Strong overtime protections help build America’s middle class and ensure that workers are not overworked and underpaid.

Some workers are specifically exempt from the FLSA’s minimum wage and overtime protections, including bona fide executive, administrative or professional employees. This exemption, typically referred to as the “EAP” exemption, applies when:

1. An employee is paid a salary,

2. The salary is not less than a minimum salary threshold amount, and

3. The employee primarily performs executive, administrative or professional duties.

While the department increased the minimum salary required for the EAP exemption from overtime pay every 5 to 9 years between 1938 and 1975, long periods between increases to the salary requirement after 1975 have caused an erosion of the real value of the salary threshold, lessening its effectiveness in helping to identify exempt EAP employees.

The department’s new overtime rule was developed based on almost 30 listening sessions across the country and the final rule was issued after reviewing over 33,000 written comments. We heard from a wide variety of members of the public who shared valuable insights to help us develop this Administration’s overtime rule, including from workers who told us: “I would love the opportunity to...be compensated for time worked beyond 40 hours, or alternately be given a raise,” and “I make around $40,000 a year and most week[s] work well over 40 hours (likely in the 45-50 range). This rule change would benefit me greatly and ensure that my time is paid for!” and “Please, I would love to be paid for the extra hours I work!”

The department’s final rule, which will go into effect on July 1, 2024, will increase the standard salary level that helps define and delimit which salaried workers are entitled to overtime pay protections under the FLSA.

Starting July 1, most salaried workers who earn less than $844 per week will become eligible for overtime pay under the final rule. And on Jan. 1, 2025, most salaried workers who make less than $1,128 per week will become eligible for overtime pay. As these changes occur, job duties will continue to determine overtime exemption status for most salaried employees.

The rule will also increase the total annual compensation requirement for highly compensated employees (who are not entitled to overtime pay under the FLSA if certain requirements are met) from $107,432 per year to $132,964 per year on July 1, 2024, and then set it equal to $151,164 per year on Jan. 1, 2025.

Starting July 1, 2027, these earnings thresholds will be updated every three years so they keep pace with changes in worker salaries, ensuring that employers can adapt more easily because they’ll know when salary updates will happen and how they’ll be calculated.

The final rule will restore and extend the right to overtime pay to many salaried workers, including workers who historically were entitled to overtime pay under the FLSA because of their lower pay or the type of work they performed.

We urge workers and employers to visit our website to learn more about the final rule.

Jessica Looman is the administrator for the U.S. Department of Labor’s Wage and Hour Division. Follow the Wage and Hour Division on Twitter at @WHD_DOL and LinkedIn.

Editor's note: This blog was edited to correct a typo (changing "administrator" to "administrative.")

McGinnis.Laura… Tue, 04/23/2024 - 12:50

Jessica Looman

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I am DOL: Paula Comer Supports Wage Recovery and More

Koebel.Tiffany.L@dol.gov — Tue, 23 Apr 2024 14:06:53 +0000

I am DOL: Paula Comer Supports Wage Recovery and More

In our “I Am DOL” series, we’re highlighting employees who work in a wide range of roles at the Department of Labor but who all share a passion for public service.

Paula Comer, an administrative specialist in the Wage and Hour Division’s regional office in Dallas, supports a team that helps make sure workers are paid fairly and can exercise their rights under federal labor laws. We sat down with Paula to ask her a few questions about her career path.

Prior to the passage of the Americans with Disabilities Act, a young Paula Comer applied for a job with a semiconductor company. The only qualifications were being least 18 and a high school graduate. However, a box on a job application asked, “Do you have a handicap?” She checked it because of a spinal deformity that prevents her from lifting heavy objects, even though that wasn’t a requirement of the position. The company did not hire her.

Flash forward a year: Paula had gotten married and changed her last name, and the company was still hiring. So she applied again and instead of checking that box, she simply put a line through the question. They hired her a few weeks later and she remained employed with the company for 14 years. The whole time she tried her best to hide her disability, despite the fact she could perform all the duties of her job, always scared that they would fire her if they found out.

In 2009, Paula found herself laid off due to changes in the semiconductor industry. During a listening session with the Office of Disability Employment Policy, she learned about the federal government’s Schedule A hiring authority, which is designed to increase employment opportunities for people with disabilities by streamlining the hiring process. In order to be hired under the Schedule A hiring authority, applicants must submit medical documentation of their disability and show that they meet the qualifications of the job. Applicants may seek a reasonable accommodation to show that they meet the qualifications of the job.

Because of her experience as a volunteer tax preparer, she qualified for a position at the IRS and applied under Schedule A. She got the job but it meant a move from Texas to California. When an administrative position later opened up with the Wage and Hour Division in Dallas, her hometown, she again applied under Schedule A and was hired.

She’s been supporting the regional administrator and other staff for over seven years now and has taken advantage of opportunities for advancement – including a career development program specifically for people in administrative positions. “Once I got to be in the Department of Labor, I never wanted to leave,” she said. “People here are trying to help you and they're trying to help you promote your career.”

The mission of the Wage and Hour Division – which often involves recovering back wages for workers – is a big part of why she is passionate about her career. “Every time I see we found X amount of dollars for this person or a group of people, that makes me feel very good. So it is very fulfilling.”

And she’s no longer hiding her disability. For the capstone project at the end of her career development program, she added a slide to her presentation with an X-ray of her spine that showed the rods and screws helping hold it in place; “I wanted them to understand that although I have a disability, I'm still really good at my job.”

One of the reasons Paula was excited to be a part of the “I Am DOL” video project is that she wishes she had known about the Schedule A program much earlier and wants to help spread the word to other people with disabilities. “I didn't know the program existed or else I might have been working for the government long before this,” she shared.

And to anyone with a disability who might be nervous about applying for a federal position or bringing their whole selves to work, Paula offered this encouragement: “I would say it seems scary at first but jump in and keep up the good work. Believe in yourself and don't be afraid. That's what happened to me for so many years, and now I don't feel afraid.”

Editor’s note: Interested in a career at the Labor Department? Learn more about what it means to be part of our team at dol.gov/careers, and then view current openings and apply via USAJOBS. For more information about the Schedule A hiring authority, check out these tips from the Equal Employment Opportunity Commission.

Please note that you must meet the minimum qualifications outlined in the position description. We encourage you to describe any life experiences in your application that are relevant to the position and the mission of the Labor Department.

Koebel.Tiffany… Tue, 04/23/2024 - 10:06

Office of Human Resources

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How the FLSA Protected Poleth Ojeda

McGinnis.Laura.K@dol.gov — Thu, 18 Apr 2024 15:31:46 +0000

How the FLSA Protected Poleth Ojeda

Poleth Ojeda

When Poleth Ojeda started as an administrative professional at RMS Installs, a Georgia company that helps customers control their home with an app and smart technologies, she was filled with hope. As a single mother, this job was more than a paycheck – it was a lifeline. After starting in customer service, answering phones and scheduling appointments, she quickly worked her way up to office manager. Her excitement soon turned to worry, however, as inconsistent pay proved a difficult challenge.

Poleth was supposed to receive her wages every Friday, but that rarely happened. Each delay in payment came with a new excuse from management, and the irregular pay made it difficult for her to provide for her child, even leading to lapses in utility payments at her home.

Frustrated with the ongoing issues, Poleth confronted her employer about the late payments. She was accused of theft, threatened by her employer and eventually fired.

“It was devastating,” Poleth said. “I stood up for myself and lost my job.”

After getting a new job as a server in a restaurant, an undeterred Poleth reached out to the Wage and Hour Division, and our subsequent investigation gave her hope. Poleth received over $9,000 in back wages for minimum wage, overtime and retaliation violations.

“I was really surprised to receive the money that I did, and the investigator was very supportive," she recalled. "The money helped me pay my bills and support my son. It was a relief during the holidays.”

At the heart of Poleth’s case is the Fair Labor Standards Act’s prohibition of discrimination against employees for asserting their rights. This includes protection against unfair termination and retaliation, crucial elements in Ojeda's story.

“The FLSA is fundamental in protecting workers like Ms. Ojeda,” said Wage and Hour Division District Director Steven Salazar in Atlanta. “Employers must understand that retaliation against employees who seek their rightful wages is not just unethical, but also illegal. Our duty is to ensure that every worker’s rights are respected and upheld.”

Through this experience, Poleth learned the importance of being informed about workers’ rights. She emphasizes, “Understanding your rights is crucial, especially for vulnerable workers like me. We deserve to be treated fairly.”

We couldn’t agree more. As we celebrate Administrative Professionals Day, we urge workers to contact us if they experience retaliation, harassment or intimidation from an employer. We’re here to protect administrative professionals – and all workers – from retaliation, regardless of where they’re from, and we can communicate with callers confidentially in more than 200 languages at 1-866-4-US-WAGE (487-9243).

Karla Falcon is a community outreach and resource planning specialist in Georgia for the Department of Labor's Wage and Hour Division. Follow the division on X at @WHD_DOL and on LinkedIn.  

McGinnis.Laura… Thu, 04/18/2024 - 11:31

Karla Falcon

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Fighting for Fairness: Domestic Workers and the Fair Labor Standards Act

McGinnis.Laura.K@dol.gov — Fri, 12 Apr 2024 13:36:36 +0000

Fighting for Fairness: Domestic Workers and the Fair Labor Standards Act

Left: Ella Watson, FSA cleaning woman (1942). Bottom right: Margaret Hinchey and Laundry Workers Union members (1914). Upper right: SEIU workers (2021).

In 1938, the groundbreaking passage of the Fair Labor Standards Act (FLSA) enshrined foundational protections for America’s workers. Yet when the law was passed, it excluded several categories of workers, including domestic workers. These exclusions were rooted in resistance to expanding protections to workers who were predominantly people of color and, in the case of domestic workers, predominantly women.

Domestic workers – which include home care workers, house cleaners, cooks and nannies – provide services and specialized care to private households and families. Domestic work plays a crucial role in our economy, but it has historically been devalued as a result of gender and racial bias, which has negatively affected the working conditions of domestic workers. Domestic workers have generally been paid low wages, worked long hours without formal employment arrangements or overtime pay, and have been more vulnerable to workplace abuse and exploitation – conditions exacerbated by their historic lack of legal protections.

While domestic workers continue to face challenges in securing fair wages and working conditions, the eventual expansion of the FLSA to include domestic workers represented a critical milestone in upholding the rights of these essential workers. The grassroots effort to expand labor protections for domestic workers wasn’t just a policy fight. It was a multigenerational movement to improve the welfare and rights of marginalized workers and their families, many of whom relied upon domestic employment as one of the few job opportunities available to them, and to increase the visibility and recognition of this largely women and women of color workforce.

There is a long history of domestic workers organizing for better working conditions. As far back as the 1880s, for example, Black washerwomen in Atlanta organized and led a citywide strike for higher wages – and their success and perseverance inspired other domestic and service workers to demand better working conditions. For decades, domestic work was the largest paid occupation for women in the country. Despite domestic workers’ exclusion from much of the early history of the organized labor movement, these workers continued to create unions and mutual aid associations in cities and towns across the country – bringing together women of color, immigrants and indigenous women in their fight for fairness.

In the 1930s, Black domestic workers in cities like Chicago, New York, El Paso and Washington, D.C. organized to demand labor standards, including minimum wage and overtime pay, and to combat harassment and exploitation from their employers. Significant numbers of domestic workers in St. Louis joined the Urban League, which brought together workers to build collective bargaining power and improve working conditions. The Urban League’s employment bureau also assisted domestic workers and employers in establishing employment contracts to define expectations for the employment relationship, giving workers access to key protections otherwise not afforded to them under the law.

Domestic workers continued their fight even after the passage of the FLSA excluded them. As the profession of domestic work evolved, a new generation of workers – active in or inspired by the civil rights movement – continued to organize in cities across the country. In 1968, Dorothy Bolden founded the National Domestic Workers Union in Atlanta, helping organize domestic workers on a scale never seen before in the U.S. The union taught domestic workers how to bargain for higher wages, vacation time and other protections and benefits. In the summer of 1971, hundreds of domestic workers from across the country gathered in Washington, D.C. for a national convention of domestic workers. This led to the formation of the Household Technicians of America, the first national domestic worker organization. These workers and their allies, including many middle-class Black women, advocated for change through organizing, storytelling, work stoppages and other strategies.

In 1974, these workers won a critical protection – a landmark amendment to the FLSA that finally expanded the act’s protections to cover most domestic workers.

And while the 1974 amendment represented a major breakthrough for domestic workers, it still excluded domestic workers who perform “companionship services,” which under federal regulations at the time included those who may be considered home aides. In 2013, the Department of Labor issued new regulations that resulted in nearly two million direct care workers — such as home health aides, personal care aides and certified nursing assistants — receiving the same basic protections already provided to most U.S. workers.

Domestic work is vital to our economy, our homes and our families, but we have much work left to do to ensure domestic workers are treated with the dignity and fairness that every worker deserves. Since the beginning of this administration, the Wage and Hour Division’s national care worker initiative has resulted in more than $45 million in back wages and damages for 30,000 workers. We’re also working across the department to equip workers with the tools to ensure their workplace rights are respected. In November 2023, the department published sample employment agreements to lay out the rights and responsibilities of cleaners, home care workers and nannies working in private homes and their employers.

Domestic workers have had to fight – and will continue to fight – for better working conditions and equal protections under the law. Today, organizations like the National Domestic Workers Alliance, Service Employees International Union and the American Federation of State, County and Municipal Employees, continue to bring together domestic workers from across the country to ensure that workers and the families they care for have rights and dignity. At the Wage and Hour Division, we remain committed to enforcing these hard-won protections and supporting the workers who support our families every day.

Katherine Eyster is the Chief of Staff for the U.S. Department of Labor's Wage and Hour Division.

McGinnis.Laura… Fri, 04/12/2024 - 09:36

Katherine Eyster

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Honoring the Role of Women in the Passage of the Family and Medical Leave Act

McGinnis.Laura.K@dol.gov — Thu, 28 Mar 2024 13:23:42 +0000

Honoring the Role of Women in the Passage of the Family and Medical Leave Act

For over a century, efforts to address the workplace challenges of women and working families have paved the way for the enactment of vital worker protections with far-reaching social and economic benefits. Even before women had essential civil and workplace rights, they were active in the labor force and organized protests, strikes and reform efforts. The fight for a minimum wage, a 40-hour workweek and laws to end exploitive child labor were championed by former Secretary of Labor Frances Perkins, suffragettes and women garment workers, among others.

The passage of the Family and Medical Leave Act of 1993 exemplifies how this struggle for fairness and equity has benefited America’s workers and families. This Women’s History month, the Wage and Hour Division celebrates the advocates who fought to pass this historic law and the role the act continues to play in recognizing the importance of family leave to gender equity in the workplace.

In the 20th century, women in the U.S. entered the formal labor market in considerable numbers, but women’s labor force gains and labor rights have not come easily. Upon entering the labor force, women found that participation did not guarantee visibility, voice and influence. Women who shoulder the brunt of caregiving and household responsibilities often sacrifice their own well-being to meet the needs of the household and the workplace. This is particularly true in single parent households, low-income families and families with greater medical, mental health or caregiving needs and responsibilities.

To address these challenges, women organized to pass key laws combating workplace discrimination and supporting working caregivers, including leading a nine-year fight to pass the Family and Medical Leave Act. In 1984, the Women’s Legal Defense Fund (later renamed the National Partnership for Women and Families) wrote the first draft of the legislation that would become the FMLA. They recognized that maternity-based leave failed to address the needs of families beyond childbirth and that maternity-only leave ran afoul of deeply held principles of equity. Advocates and policymakers recognized that gender equity in the workplace depends on gender equity at home – and that more comprehensive leave was essential to supporting our nation’s workforce through life’s many potential caregiving and medical needs.

Advocates built a broad-based coalition of organizations, including those representing the interests of children, people with disabilities, senior citizens, workers, health professionals and religious groups, to advocate for passage of the law. Since 1993, as a result of their actions, hundreds of millions of workers have benefited from job-protected family and medical leave.

In 2023, the Wage and Hour Division celebrated the 30th anniversary of the FMLA by taking significant steps to promote education, outreach, compliance and use of this critical protection. We also conducted a year-long series of events focused on maternal health and the benefits of the FMLA with the aim of strengthening protections for working families. Our efforts continue.

This Women’s History month, we honor the advocates who fought for the passage of this historic law by ensuring that workers are empowered to assert their right to job-protected family and medical leave. Through our outreach and enforcement efforts, the Wage and Hour Division witnesses firsthand the importance of family leave to gender equity in the workplace and in the home.

Jessica Looman is the Administrator for the U.S. Department of Labor’s Wage and Hour Division. Follow the Wage and Hour Division on Twitter at @WHD_DOL and LinkedIn.

McGinnis.Laura… Thu, 03/28/2024 - 09:23

Jessica Looman

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How Targeting Industries with High Employment of Women Helps Lower the Pay Gap

McGinnis.Laura.K@dol.gov — Wed, 13 Mar 2024 14:30:48 +0000

How Targeting Industries with High Employment of Women Helps Lower the Pay Gap

While the gap in pay between men and women has grown smaller over the years, there is still plenty of work to do to close the pay gap, and recent data illuminates how the Wage and Hour Division’s (WHD) can help contribute to closing it.

Every fiscal year, WHD publishes its annual enforcement data summarizing the investigations and results from the last year. One of these tables examines our enforcement work in low wage, high violation industries. In addition to initiating investigations in response to complaints, we also have the authority to initiate investigations. We conduct these strategic initiatives in industries that predominantly employ low-wage workers, have a greater probability of violations, and where workers are more vulnerable and less likely to file a complaint.

According to the Current Employment Statistics Survey from the Bureau of Labor Statistics, women are overrepresented in many of the low-wage, high violation industries where WHD conducts its strategic initiatives. This illustrates the potential impact that our strategic enforcement work can have: Combatting wage theft in industries with occupational segregation can also move the needle towards reducing the wage gap.

WHD’s strategic initiatives continue to have significant impact on working women. Ninety-three percent of workers in childcare services are women, while 88% of workers in hair, nail and skin care services are women. In the last full fiscal year, there were over 450 investigations in these two industries that led to over $670,000 in returned back wages for 1,500 workers. In the healthcare industry, the results are staggering. Seventy-nine percent of workers in the healthcare industry are women. That number includes millions of female health care workers, including home health aides, nursing assistants and phlebotomists. We conducted nearly 2,500 investigations in the healthcare industry in FY 2023. These investigations uncovered nearly $32 million in back wages, which were distributed to over 24,000 workers.

At the Wage and Hour Division, Equal Pay Day is more than an opportunity for reflection – it's an opportunity for action. Our investigators throughout the country prioritize strategic enforcement in low-paying parts of the labor force, which are often women-dominated industries. By making sure women workers get paid what they are owed, we’re taking concrete steps to address the pay gap.

Bonnie Worstell is a policy advisor for the department’s Wage and Hour Division.

McGinnis.Laura… Wed, 03/13/2024 - 10:30

Bonnie Worstell

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Strengthening America at Home: Black Workers in WWII

McGinnis.Laura.K@dol.gov — Fri, 23 Feb 2024 15:47:12 +0000

Strengthening America at Home: Black Workers in WWII

My work and the work of my colleagues at the Wage and Hour Division is to protect vulnerable workers from violations of some of their most fundamental workplace rights, like minimum wage, overtime and job-protected leave under the Family and Medical Leave Act.

Every day, and especially as I reflect on Black History Month, I draw inspiration from the stories of leaders who helped to improve working conditions for Black workers. One such source of inspiration is the story of the Double V Campaign, which led to improved working conditions for Black workers at the Department of Defense.

During World War II, while the war effort was creating demand for many workers in the United States, long-held prejudices created barriers to employment for many Black workers.

The Second Great Migration, beginning in 1940, saw the number of Black workers in the defense industry triple. More than 1 million Black workers migrated to the North and West from the South, seeking industrial jobs from defense contractors where the average weekly wages were much higher.

Black workers made invaluable contributions to America’s war effort even as they faced ongoing discrimination in the workplace. For example, Black workers at Chicago’s Metallurgical Laboratory and at facilities in Oak Ridge, Tennessee provided crucial support to projects led by the renowned physicist Robert Oppenheimer that led to the development of the atomic bomb. At the Chicago “Met Lab,” Black scientists like Ernest Wilkins, Jr. and Ralph Gardner-Chavis were vital to the development of the separation of plutonium that made the controlled nuclear reaction possible. Black workers also supported uranium enrichment research at the Oak Ridge lab.

Despite their importance to this work, Black workers faced all sorts of discrimination – from being relegated to menial jobs to being denied security clearances to receiving lower wages than their white colleagues. As the war effort generated millions of jobs, many in urban areas, Black job seekers faced violence and discrimination. Black leaders then met with Eleanor Roosevelt and members of President Franklin Roosevelt’s cabinet, presenting a list of grievances and demanding that discrimination in the defense industry cease. These Black workers’ contributions – and their demands – led to overdue but important change. President Roosevelt issued Executive Order 8802 in June 1941. It stipulated, “There shall be no discrimination in the employment of workers in defense industries and in Government, because of race, creed, color or national origin.”

While the order was groundbreaking, discriminatory practices persisted. In 1942, the Pittsburgh Courier (the largest Black newspaper in the U.S.) published a letter from James G. Thompson, a 26-year-old defense worker, that contrasted the war rhetoric with the treatment of Black workers in the industry. Thompson called for a “double V for victory” sign representing victory at home and abroad. Black workers embraced the Double V campaign, marching in cities across the country and demanding improved working conditions for the millions of Black workers in defense plants. They also demanded an acknowledgement of the contributions and sacrifices of more than 1 million Black men and women serving in the Armed Forces.

Our nation has made progress over the decades, building on the work of these and other advocates to create more just and equitable workplaces. Yet the problems of racial discrimination and occupational segregation persist, creating barriers to entry in many industries and jobs for Black workers. The result is that, as one recent study found, 47% of Black workers work in low wage jobs where they earn less than $15 an hour. Low-wage workers are also more likely to suffer from wage theft, such as being deprived of overtime due to misclassification.

Today, Black workers across the country continue to carry on the legacy of the Double V campaign by coming together to demand better working conditions. Last year, for example, due to the courageous collaboration of Black farmworkers and the partnership of the Mississippi Justice Center, we recovered $505,000 for Black farmworkers in the Mississippi Delta whose rights under the worker protections of the H-2A program had been violated. Earlier this month, Acting Secretary Su visited our Wage and Hour Division District Office in Mississippi, and we again heard from Black workers who stood up to denounce the wage theft they experienced.

At the Wage and Hour Division, we know that Black workers deserve better. They deserve good jobs where they can trust that their wages won’t be stolen – and protection from retaliation when they do speak out against violations of their rights. We’re doing our part to help create good jobs and carry on the legacy of the Double V campaign by preventing and addressing wage theft for Black workers across the country.

Learn more about the Department of Labor’s ongoing efforts to support equity at work.

Frank McGriggs is the Southeast deputy regional administrator for the Department of Labor's Wage and Hour Division. Follow the division on X at @WHD_DOL and on LinkedIn.

McGinnis.Laura… Fri, 02/23/2024 - 10:47

Frank McGriggs

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Hours Worked = Hours Paid

McGinnis.Laura.K@dol.gov — Thu, 22 Feb 2024 16:46:40 +0000

Hours Worked = Hours Paid

Having a job should be straightforward – you work and then you get paid. But at the Wage and Hour Division, we sometimes uncover illegal schemes employers use to deny workers their rightful wages.

As we celebrate National Hospitality Workers Appreciation Day, it’s crucial to spotlight stories of workers who courageously stood up for their rights in the face of wage theft.

Tennessee

After initiating an investigation of a Comfort Inn & Suites hotel in a tourist area of Tennessee, we learned that the employer failed to pay several workers the required minimum wage and overtime rates. Our investigator met a father and son who worked together at the hotel, cleaning rooms during the same shifts. However, only one of them received a paycheck.

The information Arnulfo Antonio Luna and his son, Jafet Luna Martinez, shared with us, combined with interviews of other workers and a review of payroll records, revealed that the employer owed more than $54,000 in back wages and damages to six employees.

Upon learning the investigation’s findings, the employer admitted that he was paying Arnulfo and Jafet as a team. Only Arnulfo received paychecks. As a result of these Fair Labor Standards Act violations, Jafet received more than $30,000 and his father received nearly $1,000 in back wages and damages.

“I’m very grateful to the Department of Labor for the results of the investigation,” Jafet said. “This money will help my family get ahead.”

When asked what they learned from the investigation, Jafet and his father didn’t hesitate to share advice with other hotel workers who are denied their hard-earned wages.

“I would advise other workers to contact the Wage and Hour Division to assert their rights,” said Jafet.

“Don’t be afraid to report any irregularities at your workplace,” added Arnulfo.

Florida

At a Motel 6 in Orlando, housekeeper Demetria Jones wasn’t paid for all the hours she worked. As a result, she was struggling to provide for her family, so she considered starting a second job to make ends meet.

“My supervisor wasn’t happy that I went for a second job, but I needed more money,” Demetria said.

At the same time, she stood up for her rights and contacted us.

“I called because my boss wasn’t paying me the wages that he was paying others. I worked hard for my money, and everyone deserves to be paid properly,” Demetria added. “I’m glad I spoke up. The investigator believed in me.”

As a result of our investigation, Demetria received over $2,000 in minimum wage and overtime compensation. She needed the money urgently.

“I have cancer and I’m living in a hotel with my kids. I’ve been searching for an apartment, and this will help me pay the upfront fees,” said Demetria. “I’m really happy with the investigation’s outcome. I hope it brings some change for the company, so they don’t do this to anyone else.”

If you or someone one you know is denied wages owed, we encourage you to contact us confidentially at 1-866-4-US-WAGE (487-9243). No matter where you’re from or which language you speak, we’re here to answer your questions and take action if your rights have been violated.

Check out our resort and hotel employment toolkit to learn more about worker rights and employer obligations in the hospitality industry.

Juan Coria is the Southeast regional administrator for the Department of Labor's Wage and Hour Division. Follow the division on LinkedIn and on X at @WHD_DOL.

McGinnis.Laura… Thu, 02/22/2024 - 11:46

Juan Coria

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Protecting Workers' Rights at the Super Bowl

McGinnis.Laura.K@dol.gov — Wed, 07 Feb 2024 21:37:45 +0000

Protecting Workers' Rights at the Super Bowl

From securing the stadium and managing logistics to planning entertainment and coordinating with media, the effort that goes into organizing the Super Bowl is enormous. Yet, amidst the hype and anticipation, it's the often-overlooked workers who prove indispensable in making the Super Bowl possible.

Stadium staff, hotel and casino personnel, restaurant and bar staff, transportation workers, retail employees, caterers and thousands of temporary workers play crucial roles. Unfortunately, the low-wage workers who make the Super Bowl possible are often at risk of wage theft, labor trafficking, illegal child labor and other labor violations.

The Wage and Hour Division works hard to protect workers in low-wage industries, and we’re staying vigilant in Las Vegas as the Super Bowl approaches. That’s why we’re on alert for any signs of wage theft, labor trafficking or other types of worker exploitation, such as:

any withheld wage payments
any withheld tips from servers or other tipped employees
illegal deductions from wages
failure to pay overtime
failure to pay for all hours worked, including travel or training time
restrictions of movement or communication
confiscated identification documents
threats of harm to workers or their families
threats of arrest or deportation

We’re committed to fostering partnerships with anti-trafficking organizations and law enforcement agencies to uphold worker protections. During the previous two Super Bowls in Phoenix and Los Angeles, we engaged in outreach activities, enforcement and social media to raise awareness of workers’ rights.

Last year, we collaborated with Arizona’s Multi-Agency Coordination Group to ensure the rights of workers associated with the Super Bowl were protected. We also worked with the Small Business Administration to provide compliance assistance to employers through the NFL Legends Business Network. Finally, we collaborated with Chicanos Por La Causa to develop strategies to prevent and identify human trafficking and labor exploitation in Arizona.

In Las Vegas, we’ll continue safeguarding worker protections before, during and after the Super Bowl. We recently signed a Memorandum of Understanding with the Nevada Office of the Labor Commissioner, which strengthens our cooperation to combat wage theft and educate employees and employers on their rights and responsibilities in the workplace. Our Las Vegas office – a member of the Southern Nevada Human Trafficking Task Force – is also collaborating with the It's a Penalty campaign to prevent abuse, exploitation and human trafficking at the Super Bowl.

Fans and workers in the Las Vegas area can help us protect workers’ rights by reporting violations and spreading awareness. Report violations of minimum wage, overtime and child labor laws confidentially at 1-866-4-US-WAGE (487-9243) or on our website. If you suspect human trafficking, please call the National Human Trafficking Hotline at 1-888-373-7888 or text 233733. Tips can be reported anonymously.

Gene Ramos is the district director in the Wage and Hour Division’s office in Las Vegas, Nevada. Follow the division on LinkedIn and on X at @WHD_DOL.

McGinnis.Laura… Wed, 02/07/2024 - 16:37

Gene Ramos

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