DOL increasing enforcement in key areas of the economy

The United States Department of Labor (“DOL”) has publicly committed to ensuring that employers respect the rights of key employees on the frontline of the ongoing pandemic. In particular, the DOL’s Wage and Hour Division now prioritizes the enforcement of laws that apply to employees who work in the warehouse and logistics industries. Although such employees have made possible the stunning profits of Amazon and similar large corporations, many of these employees also have reportedly experienced significant hardship at the hands of their employers. The laws the DOL has pledged to enforce more fully in response to this situation include traditional wage protections, family and medical leave rights, and prevailing wage requirements.

The DOL’s new strategy means that the Federal government takes the initiative to open and aggressively pursue investigations rather than waits for employees to report wage theft, retaliation, or other legal violations. This more robust approach not only means more frequent and meaningful accountability through public agency action, it also should mean that employees will have more support and success when prosecuting claims through private attorney litigation. The prospects for future class actions and collective actions, multi-plaintiff cases, and even individual claims regarding corporate abuses look much better thanks to the DOL’s much-needed shift in focus and change in tactics.