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Wage and Hour Maintains High Enforcement Levels in
Fiscal Year 2004
The Employment Standards Administration’s Wage and Hour
Division (WHD) recovered more than $196 million in back wages in fiscal year
2004. Back wage collections have increased steadily since fiscal year 2001, with
record breaking amounts collected in fiscal year 2003.[1]
The number of workers receiving back wages has increased by over 33 percent
since fiscal year 2001. The average number of cases concluded by WHD
investigators in each fiscal year has shown a steady increase from just over 40
cases concluded per investigator in 2001 to 46 in 2004, as WHD increased its
enforcement productivity. WHD investigators have also significantly decreased
the number of days it takes to conclude a complaint case. The agency concluded
some 37,842 compliance actions in fiscal year 2004. WHD assessed nearly $9
million in civil money penalties this past fiscal year – a slight decrease from
the nearly $10 million assessed in 2003.
WHD Enforcement
Statistics – All Acts
|
FY2001
|
FY2002
|
FY2003
|
FY2004
|
Change
(01-04)
|
|
|
Concluded
Cases
|
38,051
|
40,264
|
39,425
|
37,842
|
(.5%)
|
|
Back
Wages Collected
|
$131,954,657
|
$175,640,492
|
$212,537,554
|
$196,664,146
|
49.0%
|
|
Employees
Receiving Back Wages
|
216,647
|
263,593
|
342,358
|
288,296
|
33.1%
|
|
Complaints
Registered
|
29,085
|
31,413
|
31,123
|
31,786
|
9.3%
|
|
Enforcement Hours
|
998,937
|
1,070,600
|
1,032,879
|
1,000,739
|
.18%
|
|
Average Days to Resolve Complaint
|
139
|
129
|
108
|
92
|
(34.0%)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Over 265,000 Employees Received Back Wages as a Result of
WHD Investigations in Fair Labor Standards Act Cases.
In fiscal year 2004, more than 265,000 employees received
back wages as a result of WHD investigations in Fair Labor Standards Act (FLSA)
cases. WHD collected more than $165 million in back wages for violations in FLSA
cases, a 48 percent increase over the $111 million collected in fiscal year 2001,
although slightly less than in 2003. FLSA cases represent around 83 percent of
all cases handled by the agency in a fiscal year. In fiscal year 2004, back wages
for overtime violations represented roughly 92 percent of all FLSA back wages
collected, and the number of employees due overtime back wages represented
about 89 percent of all employees due FLSA back wages. This fiscal year, about
71 percent of the FLSA cases had monetary violations, compared to the 69, 70 and
66 percent of monetary violation cases in fiscal years 2003, 2002 and 2001,
respectively. In fiscal year 2004, WHD assessed employers $3,500,388 in FLSA
civil money penalties, an increase of 9 percent over fiscal year 2003.
FLSA Registered Case
Enforcement Statistics[2]
|
FY2001
|
FY2002
|
FY20031
|
FY 2004
|
Change
(01-04)
|
Concluded
FLSA Cases
|
31,772
|
33,154
|
32,591
|
31,448
|
(1.0%)
|
FLSA
Cases with Monetary Violations
|
21,001
|
23,111
|
22,641
|
22,300
|
6.2%
|
Back
Wages Collected for FLSA Cases
|
$111,102,883
|
$142,979,826
|
$182,119,413
|
$165,385,781
|
48.8%
|
Employees
Receiving Back Wages
|
195,257
|
241,568
|
314,660
|
265,772
|
36.1%
|
Back Wages Collected for Workers in Low-Wage Industries Increased 33
Percent over the Last Four Years
WHD continues to pursue compliance in low-wage industries,
those with vulnerable, often immigrant workers, and those industries with a
history of chronic violations. In fiscal year 2004, the agency collected more
than $43 million in back wages for 84,897 workers in selected low-wage
industries – an increase of over 22 percent of low-wage workers receiving back
wages since fiscal year 2001. Over a third of WHD enforcement resources are
attributed to investigations in nine selected low-wage industries, which
include day care, restaurants, janitorial services and temporary help. The
increase in back wages collected and the number of low-wage workers receiving
back wages reflects WHD’s continued commitment to ensuring that low-wage
workers’ rights and wages are protected.
Low-Wage Industries
Statistics
|
Cases
|
Back Wages
|
Employees
|
Agriculture
|
1,633
|
$1,194,589
|
3,700
|
Day Care
|
751
|
$936,211
|
3,323
|
Restaurants
|
5,040
|
$11,304,915
|
24,335
|
Garment
Manufacturing
|
505
|
$4,770,554
|
6,722
|
Guard
Services
|
683
|
$5,316,776
|
8,753
|
Health
Care
|
1,947
|
$10,925,095
|
20,531
|
Hotels
and Motels
|
1,045
|
$2,383,884
|
6,817
|
Janitorial
Services
|
549
|
$2,999,578
|
4,700
|
Temporary
Help
|
472
|
$3,310,309
|
6,016
|
Total Selected Low-Wage Industries
|
12,625
|
$43,141,911
|
84,897
|
Low-Wage Industries
Statistics[3]
|
FY2001
|
FY2002
|
FY2003
|
FY2004
|
Change
(01-04)
|
Cases
in Selected Low-Wage Industries
|
14,267
|
14,016
|
12,962
|
12,625
|
(11.5%)
|
Back
Wages Collected
|
$32,470,183
|
$38,608,612
|
$39,595,382
|
$43,141,911
|
32.9%
|
Employees
Receiving Back Wages
|
69,469
|
86,432
|
80,772
|
84,897
|
22.2%
|
Steady Decline in Minors Employed in Violation of Child
Labor Laws
In fiscal year 2004, 41 percent fewer minors were found
employed in violation of the FLSA child labor provisions than in fiscal year
2001. Forty-seven (47) percent fewer minors were found illegally employed in
hazardous occupations than in 2001. The number of investigations in which
child labor violations were found decreased by nearly 23 percent from fiscal
year 2001, while the number of self-directed child labor investigations
increased by nearly 7 percent in the same time period. WHD assessed
$4,191,809 in child labor civil money penalties in fiscal year 2004.
Child
Labor Statistics
|
FY2001
|
FY2002
|
FY2003
|
FY2004
|
Change
(01-04)
|
Self-Directed Child Labor Cases
|
2,021
|
2,105
|
2,031
|
2,155
|
6.6%
|
Cases
with Child Labor Violations
|
2,103
|
1,936
|
1,648
|
1,616
|
(23.2%)
|
Minors
Employed in Violation
|
9,918
|
9,690
|
7,228
|
5,840
|
(41.1%)
|
Minor
Per Case
|
4.7
|
5
|
4.4
|
3.6
|
(23.4%)
|
Cases
with HO Violations
|
876
|
747
|
654
|
459
|
(47.6%)
|
Minors
Employed in Violation of HOs
|
2,060
|
1,710
|
1,449
|
1,087
|
(47.2%)
|
Child
Labor Enforcement Time
|
7.4%
|
6.3%
|
5.9%
|
5.8%
|
(21.6%)
|
Family and Medical Leave Act Enforcement Complaints Declined
Slightly in 2004
The number of Family and Medical Leave Act (FMLA) complaint
investigations concluded dropped slightly in 2004 from fiscal year 2003, but
were about 20 percent higher than in fiscal year 2001. The number of violation
cases increased by only 4 percent during the same time period from 2001 through
2004. Violation cases as a percent of FMLA complaints decreased significantly
from 52 percent in fiscal year 2001 to 45 percent in fiscal year 2004. In
fiscal year 2004, WHD collected just over $2.3 million in back wages for
violations of FMLA. Termination of employees seeking FMLA leave continues to
be the primary reason that employees filed a complaint.
FMLA Enforcement
Statistics
|
FY2001
|
FY2002
|
FY2003
|
FY2004
|
Change (01-04)
|
Number of Complaints
|
2,790
|
3,501
|
3,565
|
3,350
|
20.1%
|
Nature of Complaint
|
|
|
|
|
|
Refusal to Grant FMLA Leave
|
629
|
741
|
815
|
697
|
10.8%
|
Refusal to Restore to Equivalent
Position
|
360
|
400
|
370
|
369
|
2.5%
|
Termination
|
1,123
|
1,503
|
1,567
|
1,473
|
31.2%
|
Fail to Maintain Health Benefits
|
62
|
71
|
46
|
48
|
(22.6%)
|
Discrimination
|
616
|
786
|
767
|
763
|
23.9%
|
Status of
Compliance Action
|
|
|
|
|
|
No Violation Cases
|
1,343
|
1,766
|
1,911
|
1,848
|
37.6%
|
Employer Not Covered
|
58
|
63
|
68
|
75
|
29.3%
|
Employee Not Eligible
|
164
|
224
|
199
|
238
|
45.1%
|
Complaint Not Valid
|
953
|
1,281
|
1,417
|
1,301
|
36.5%
|
Other
|
168
|
198
|
227
|
234
|
39.3%
|
Violation Cases
|
1,447
|
1,735
|
1,654
|
1,502
|
3.8%
|
Number of Employees Affected
|
1,627
|
2,077
|
1,867
|
1,742
|
7.1%
|
Amount of Monetary Damages
|
$2,983,936
|
$3,731,929
|
$2,397,876
|
$2,311,781
|
(22.5%)
|
[1]
FY2003 statistics include several multimillion dollar back wage cases, including
one case in excess of $21 million, that were concluded during FY2003.
[2]
FLSA registered cases are investigations registered under the Fair Labor
Standards Act (as opposed to the Davis-Bacon Act or the Migrant and Seasonal
Agricultural Worker Protection Act). The violations, back wages and employees
receiving back wages for this group of investigations are not limited to FLSA
violations. The reported violations may have occurred under any other statute
that WHD enforces.
[3]
Includes Agriculture, Day Care, Restaurants, Garment Manufacturing, Guard
Services, Health Care, Hotels and Motels, Janitorial Services, Temporary Help.
2003 Statistics Fact Sheet
2002 Statistics Fact Sheet
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