DOL Wage and Hour Division Releases New Resources on Worker Retaliation


The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has released a new Web page dedicated to resources on worker retaliation. The page explains what retaliation is and what it can look like in the workplace, provides examples of retaliation, and has links to other resources on the laws WHD enforces, who is protected, how to file a complaint, and other information.

Announcing the new webpage, the DOL wrote in an email: “Too often, retaliation, or fear of it, prevents the most vulnerable workers, including those earning the lowest wages, from immigrant workers, workers of color and women to do their jobs. rights and to ensure that they receive the wages that are due to them and that they receive other protections under the law.

“These workers are the least able to withstand job loss or demotion, and immigrants and guest workers are vulnerable to threats of deportation,” the email continues. The email also states that to combat retaliation, “employers can identify and address behaviors that may result in retaliation against workers by providing training and demonstrating a commitment to not retaliate against workers. who exercise their rights”.

On the webpage, visitors can see what types of actions may constitute retaliation and see examples of retaliation. The examples explain the industry in which the employee works, the retaliatory actions the employer took, and a final explanation of the retaliation the employee faced. The “Laws We Apply” contains links to and brief descriptions of the laws WHD applies: Fair Labor Standards Actthe Family and Medical Leave Actthe Employee Polygraph Protection Actand the Migrant and Seasonal Agricultural Workers Protection Act.

“Any worker protected by any of the individual laws listed above are protected by its anti-retaliation provisions,” the webpage reads. “Coverage differs by WHD law, so please refer to our online resources to determine if a particular law applies.”

The webpage contains further links to other resources on filing complaints and fact sheets, which are also available in Spanish.

See the new webpage here.

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