The Wage and Hour Division (WHD) has a long-standing policy to ensure that no firm conducting business with WHD shall fear retaliation for comments regarding actions by agency employees performing compliance or enforcement activities. Information specific to this non-retaliation policy was previously distributed via memorandum to all WHD staff by the WHD Administrator and states in part:

"A WHD employee who becomes aware of any potential Small Business Regulatory Enforcement Fairness Act retaliation by the WHD should report such retaliation to me, through channels. No small entity should fear telling the Ombudsman or RegFair Boards how the government acts and can improve. We welcome all constructive criticism."