DOL’s Wage and Hour Division Reports Increase in FMLA Violations

November 11, 2024

What's New

The number of Family and Medical Leave Act (FMLA) cases in which the Department of Labor found a violation increased in fiscal year 2024—and for a second consecutive year—after having declined annually over the previous decade, according to data recently released by DOL’s Wage and Hour Division.

In FY 2024, WHD closed 349 FMLA violation cases in which an employer was found to have violated the law, up from 334 in FY 2023. Denial of FMLA leave (33%), discrimination (32%), and termination (31%) each figured in almost one-third of the 2024 cases. Failure to reinstate figured in 11% of the cases, and failure to maintain health benefits figured in 2%.

What It Means

These enforcement data indicate that more employees are now electing to file complaints with WHD rather than choosing to sue in court than was the case in the past.

What You Should Do

CWC members can consult a chart that CWC prepared to show WHD’s FMLA enforcement activity over the past ten years. Employers should be aware of WHD’s enforcement focus as the agency formulates and implements its FMLA policies. For more information, consult CWC’s FMLA Compliance Outline.

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