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

Client Alert

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 DivisionBryan Meek, at bmeek@bmdllc.com


CMS Offers New Stark Waivers and More Flexibility to Health Care Providers Due to COVID-19

On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued several temporary regulatory waivers to further enable the American healthcare system to respond to the COVID-19 pandemic with more efficiency and flexibility. The official publication can be found here: Physicians and Other Clinicians: CMS Flexibilities to Fight COVID-19.

#CancelRent – What’s Next for Landlords?

Across the country, residential tenants, small businesses, and even national retailers such as Cheesecake Factory, Subway, and Mattress Firm have declared war on their landlords by refusing to pay rent on account of the Covid-19 pandemic (“COVID-19”). This has sent shockwaves through the real-estate industry. As of April 1st, residential tenants owe an estimated $40 Billion in rent. Estimates for the commercial sector are not far off. So far, federal, state, and local measures have focused on providing relief to residential and commercial tenants and even to some commercial landlords.

Record Keeping Requirements to Receive FFCRA IRS Tax Credit

On April 1, 2020, the IRS and Department of Labor issued temporary regulations to provide clarity regarding the documents required by employees requesting leave under the Families First Coronavirus Response Act (FFCRA) and the documentation that employers need to maintain.

Eviction & Foreclosure During the COVID-19 Pandemic

Like most areas of our society, the COVID-19 pandemic has greatly impacted the business relationships between landlords and tenants and between lenders and borrowers. In most states, non-essential retailers and other businesses have closed their doors and are doing business online, to the extent that they can. Some businesses, like The Cheesecake Factory, have announced that they would not be paying rent at any of their locations for at least a month due to the pandemic. Landlords and homeowners are concerned about being able to pay their mortgages and tenants are concerned about being able paying their rent.

UPDATED: Impact Payment Breakdown: How Much Will I Get, When Will I Get It and What Do I Need to Do?

UPDATED: The IRS announced that Social Security beneficiaries who are not typically required to file a tax return will not need to file a return to receive the economic impact payments. These payments will automatically be deposited into their bank accounts. This only applies to individuals receiving social security. Other individuals who typically do not file a tax return will still need to submit a return in order to receive the economic impact payment.