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The DOL and EEOC Enter a Partnership to Strengthen Federal Employment Law Enforcement

Client Alert
October 23, 2023

On September 13, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of Understanding (MOU) agreeing to work together in enforcing federal employment laws. The MOU forms a partnership between the two agencies to encourage coordination through information sharing, joint investigations, training, and outreach.

Most notably, the DOL’s Wage and Hour Division enforces the federal minimum wage, overtime pay, tip retention, record keeping, nursing mother provisions, and child labor requirements under the Fair Labor Standards Act. Alternatively, the EEOC enforces federal laws that prohibit employment discrimination, including (but not limited to) Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, and the Age Discrimination in Employment Act.

In all, the MOU addresses three main topics: (1) Information Sharing, (2) Coordinated Investigations and Enforcement, and (3) Training and Outreach.

  1. Information Sharing

In short, the MOU provides that the DOL and EEOC may share any information or data that supports the other agency’s own initiative or enforcement activities. The shared information may include complaint referrals, information in complaints or investigative files relating to violations, or statistical analyses or summaries.

The MOU states that information sharing will fully comply with the Privacy Act of 1974, the Freedom of Information Act, the Federal Records Act, and any other applicable federal laws.

  1. Coordinated Investigations and Enforcement

The MOU states that when agency personnel have reason to believe that conduct may have occurred that the other agency could find unlawful, the personnel will advise the complainant that they may be able to file a complaint with the other agency. Further, personnel will provide the complainant with materials prepared by the other agency, including information on rights and remedies under laws enforced by the other agency. The personnel will also provide the other agency’s contact information. 

Additionally, in appropriate cases, the agencies will determine whether to conduct coordinated investigations of matters arising within both agencies’ jurisdictions. If a coordinated investigation is done, the two shall explore whether it is appropriate for one agency to settle its matter while the other holds its matter in abeyance.

  1. Training and Outreach

Under the MOU, where appropriate, the agencies shall provide training to each agency’s staff in identifying cases and issues that could arise under the other’s jurisdiction. Specifically, the two may engage in joint outreach or training programs. Joint training will facilitate a better understanding of the employment laws each agency enforces.

In describing the MOU’s goals, Principal Deputy Wage and Hour Division Administrator Jessica Looman stated that “[o]ur partnership with the Equal Employment Opportunity Commission helps us work across federal agencies to ensure workers are treated fairly, paid fairly and do not have to fear retaliation when demanding the workplace protections that federal labor laws such as the PUMP Act require.”

Further, EEOC Chair Charlotte A. Burrows stated that “[t]his collaboration will further effective outreach and enforcement with respect to the federal laws that advance equal employment opportunity and fair pay, including the recently enacted PUMP Act and the Pregnant Workers Fairness Act, which took effect in December 2022.”

In response to the agencies’ collaboration, employers should expect increased enforcement and be aware that both agencies can bring action for violations. Consequently, it is crucial for employers to ensure their compliance with federal employment laws to avoid DOL and/or EEOC action against them.

Should you have any questions on the MOU or its implications, please contact BMD Labor & Employment Partner and Co-Chair of its Labor & Employment Division, Bryan Meek, at bmeek@bmdllc.com

Labor LawEmployement LawLabor and Employment LawBryan Meek
Client Alert

Your Workplace Under Biden

November 9, 2020This is my favorite recurring post – Predictions of How a New Administration Will Affect Your Workplace. Four years ago, we accurately called the emasculation of the 2016 proposed FLSA Overtime Rules (the salary exemption threshold was set at $35,568 in 2019, rather than $47,476 as proposed), we forecasted a conservative shift of the NLRB and its results (a roll-back of employee rights, social media policy evaluations, and joint employer rules), and we nailed the likelihood of multiple conservative appointments to the United States Supreme Court and its long-term effects (although I completely failed to predict that my ND classmate Amy Coney Barrett would fill the final vacancy during the Trump administration). This time, the L+E Practice of BMD has decided to make it a group effort at predicting what will happen, what probably happen, and what might happen under President Biden. As always, please save this in your important files and pull it out four (or eight) years from now to judge our accuracy.Client Alert

HHS Provider Relief Funds Reporting Requirements: Important Updates Every Provider Should Know

November 4, 2020HHS continues to revise its reporting requirements for the use of the Provider Relief Funds. Providers with more than $10,000 in Provider Relief Fund payments must report on the use of the funds through December 31, 2020. The reporting window will begin on January 15, 2021 and providers must complete reporting obligations for FY 2020 by February 15, 2021 through a portal designed by HHS. However, providers that have unexpended funds as of December 31, 2020, will have an additional 6 months to use the remaining funds through June 30, 2021. These providers must submit a second and final report no later than July 31, 2021.Client Alert

Should I Apply for Phase 3 Funds? Important Considerations Every Provider Should Know

November 2, 2020On October 1, 2020, the Department of Health and Human Services (“HHS”) announced an additional $20 billion in new funding for providers through a Phase 3 distribution. Importantly, providers that previously received HHS Provider Relief Funds or already received payments of approximately 2% of annual revenue from patient care are eligible to apply. Eligible providers have until November 6, 2020 to apply for these Phase 3 Funds. However, the question from providers continues to be: Should I Apply for Phase 3 Funds?Client Alert

CISA Ransomware Practices

October 29, 2020On October 28, 2020, the United States Cybersecurity and Infrastructure Security Agency (CISA) issued an alert warning of imminent threats to US hospitals and healthcare providers. The specific threat involves RYUK Ransomware attacks. RYUK is a novel ransomware that goes undetected by commercial anti-virus/malware detection programs. Once deployed, RYUK encrypts all data and disables systems. In short, it cripples all functionality down to phone systems and automated doors. Healthcare providers should alert their employees to remain hyper-vigilant and report any suspicious activity seen in email or on networks. It has been reported healthcare providers in New York, Pennsylvania and Oregon have been targeted in the last 48 hours. If your organization encounters issues, BMD can assist in mobilizing a response team and has contacts with forensic IT firms that are familiar with RYUK. It is advisable to engage professionals with experience dealing with this specific threat.Client Alert

HHS Announces an Additional $20 Billion In Provider Relief Grants

October 5, 2020The U.S. Department of Health and Human Services (“HHS”) announced an additional $20 billion in new funding for providers on October 1, 2020. Eligible providers include those that have already received Provider Relief Fund payments as well as previously ineligible providers, such as those who began practicing in 2020, and an expanded group of behavioral health providers confronting the emergence of increased mental health and substance use issues exacerbated by the pandemic. The new Phase 3 General Distribution is designed to balance an equitable payment of 2% of annual revenue from patient care for all applicants plus an add-on payment to account for revenue losses and expenses attributable to COVID-19.
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