According to data released recently by the U.S. Department of Labor (DOL), complaint activity declined significantly under both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) during fiscal year (FY) 2021 (October 1, 2020 – September 30, 2021). As is standard practice, DOL does not provide any explanation as to the reasons behind the numbers it reports.
Please note that while DOL’s annual release of FLSA/FMLA data can serve as a helpful proxy for illustrating enforcement trends under both laws, there are important limitations. For example, DOL reports only the number of complaints it resolves, not the number of complaints it receives or the number of complaints in its backlog. In addition, both laws allow an individual to bypass filing a complaint with DOL and sue directly in federal court, an option that is not available under such laws as Title VII of the Civil Rights Act or the Americans with Disabilities Act (ADA).
Members of the Center for Workplace Compliance (CWC) can read more here.