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Wage and Hour Division (WHD)

2002 Statistics Fact Sheet

[Press Release]

Wage and Hour Division Enforcement in Fiscal Year 2002 at Ten-Year High

The Employment Standards Administration’s Wage and Hour Division recovered more than $175 million in back wages in fiscal year 2002 – a 33 percent increase over fiscal year 2001 and the largest amount collected in the last ten years. The number of workers receiving back wages increased over 21 percent. The agency completed 40,264 compliance actions in fiscal year 2002, a 6 percent increase over the 38,051 completed actions in fiscal year 2001. For the first time since 1992, the Wage and Hour Division also saw an increase in total enforcement hours logged by agency employees.

WHD Enforcement Statistics – All Acts

FY2001

FY2002

Change

Concluded Cases1

38,051

40,264

5.8%

Back Wages Collected

$131,954,657

$175,640,492

33.1%

Employees Receiving Back Wages

216,647

263,593

21.6%

Civil Money Penalties Assessed

$10,556,206

$9,045,279

-14.3%

Complaints Registered

29,085

31,413

8.0%

Enforcement Hours

998,937

1,070,600

7.1%

Back Wages for Fair Labor Standards Act Violations Increased by 29%

In fiscal year 2002, the Wage and Hour Division collected almost $143 million in back wages for violations of the Fair Labor Standards Act, an almost 29 percent increase over the $111 million collected in FY 2001. Employees who received back wages similarly increased by almost 24 percent. FLSA cases represent about 83 percent of all cases handled by the agency in a fiscal year. This fiscal year about 70 percent of the FLSA cases had monetary violations, slightly higher than the 66 percent of monetary violation cases in fiscal year 2001.

FLSA Enforcement Statistics

FY2001

FY2002

Change

Concluded FLSA Cases

31,772

33,154

4.3%

FLSA Cases with Monetary Violations

21,001

23,111

10.0%

Back Wages Collected for FLSA Cases

$111,102,883

$142,979,826

28.6%

Employees Receiving Back Wages

195,257

241,568

23.7%

Civil Money Penalties Assessed

$2,987,567

$2,211,126

-25.9%

Back Wages for Garment, Agriculture and Health Care Employees Increased

The Wage and Hour Division continues to pursue targeted enforcement in low-wage industries with vulnerable, and often immigrant, workforces and a history of chronic violations. In fiscal year 2002, the agency set national priorities and goals in the garment, agriculture and health care industries. Although the number of concluded cases declined, the back wages collected by the agency in these industries increased substantially. The Wage and Hour Division collected almost $6 million in back wages for garment workers in fiscal year 2002 – a 27.3 percent increase over the $4.7 million collected in fiscal year 2001. In addition, garment workers receiving back wages in fiscal year 2002 increased by 51 percent. The back wages collected for agriculture employees increased by 30 percent, from almost $1.7 million in fiscal year 2001 to almost $2.2 million in fiscal year 2002. Finally, although back wages collected for health care workers increased only 3.5 percent in fiscal year 2002, the number of health care employees receiving back wages increased by 20.5 percent.

Low-Wage Industries Statistics

FY2001

FY2002

Change

Garment Manufacturing

     Concluded Cases

1,361

1,000

-26.5%

     Back Wages Collected

$4,659,127

$5,933,609

27.3%

     Employees Receiving Back Wages

5,188

7,842

51.1%

Agriculture

     Concluded Cases

2,306

2,177

-5.5%

     Back Wages Collected

$1,655,147

$2,158,068

30.3%

     Employees Receiving Back Wages

8,834

6,259

-29.1%

Health Care

     Concluded Cases

2,375

2,219

-6.5%

     Back Wages Collected

$9,870,468

$10,219,116

3.5%

     Employees Receiving Back Wages

20,219

24,380

20.5%

Child Labor Investigations Increase

In fiscal year 2002, the Wage and Hour Division also continued to pursue targeted enforcement of the child labor provisions of the Fair Labor Standards Act. As a result of these efforts, the agency increased targeted child labor investigations by 4 percent. However, the number of child labor violations found in fiscal year 2002 decreased by 8 percent from fiscal year 2001. Similarly, the number of Hazardous Occupation (HO) violations declined by 15 percent, and the number of minors found illegally employed decreased by 2 percent.

Child Labor Statistics

FY2001

FY2002

Change

Targeted Child Labor Cases

2,021

2,105

4.1%

Cases with Violations

2,103

1,936

-7.9%

Minors Employed in Violation

9,918

9,690

-2.2%

Minor Per Case

4.7

5

6.3%

Cases with HO Violations

876

748

-14.6%

Minors Employed in Violation of HOs

2,060

1,710

-16.9%

Civil Money Penalties Assessed

$6,637,118

$5,547,026

-16.4%

Child Labor Enforcement Time

7.4%

6.3%

-1.1%

Family and Medical Leave Act Enforcement Increased

The Wage and Hour Division found over $3.7 million in back wages for violations of the Family and Medical Leave Act in fiscal year 2002, a 25% increase over the $3 million found for FMLA violations in fiscal year 2001. The number of FMLA complaint investigations concluded and the number of violations found also increased in fiscal year 2002. Termination of employees seeking FMLA leave continues to be the primary reason that employees file a complaint with the agency.

FMLA Enforcement Statistics

FY2000

FY2001

FY2002

Number of Complaints

2,833

2,790

3,501

Nature of Complaint

     Refusal to Grant FMLA Leave

575

629

741

     Refusal to Restore to Equivalent Position

402

360

400

     Termination

1,159

1,123

1,503

     Fail to Maintain Health Benefits

45

62

71

     Discrimination

652

616

786

Status of Compliance Action

     No Violation Cases

1,235

1,343

1,766

     Employer Not Covered

71

58

63

     Employee Not Eligible

142

164

224

     Complaint Not Valid

855

953

1281

     Other

167

168

198

     Violation Cases

1,598

1,447

1,735

     Number of Employees Affected

1,668

1,627

2,077

     Amount of Monetary Damages

$2,953,462

$2,983,936

$3,731,929

Wage and Hour Division 2002 Regional Statistics

WHD Northeast Region

WHD Enforcement Statistics—All Acts

FY2001

FY2002

Percent Change

Concluded Cases

9,072

9,712

7.05

Back Wages Collected

$30,428,969

$46,524,908

52.90

Employees Receiving Back Wages

41,411

61,180

47.74

Civil Money Penalties Assessed

$2,494,120

$2,508,365

0.57

Complaints Registered

5,607

6,037

7.67

Enforcement Hours

268,334

279,797

4.27

WHD Southeast Region

WHD Enforcement Statistics—All Acts

FY2001

FY2002

Percent Change

Concluded Cases

9,980

10,795

8.17

Back Wages Collected

$33,902,529

$28,395,261

-16.24

Employees Receiving Back Wages

54,403

58,971

8.40

Civil Money Penalties Assessed

$1,770,873

$1,378,434

-22.16

Complaints Registered

8,921

9,915

11.14

Enforcement Hours

215,693

247,685

14.83

WHD Midwest Region

WHD Enforcement Statistics—All Acts

FY2001

FY2002

Percent Change

Concluded Cases

9,101

8,641

-5.05

Back Wages Collected

$27,989,522

$33,042,373

18.05

Employees Receiving Back Wages

52,277

48,790

-6.67

Civil Money Penalties Assessed

$2,712,020

$2,008,853

-25.93

Complaints Registered

7,087

7,035

-0.73

Enforcement Hours

173,029

185,292

7.09

WHD Southwest Region

WHD Enforcement Statistics—All Acts

FY2001

FY2002

Percent Change

Concluded Cases

5,609

6,203

10.59

Back Wages Collected

$20,650,898

$35,842,259

73.56

Employees Receiving Back Wages

38,809

58,552

50.87

Civil Money Penalties Assessed

$2,457,107

$1,691,518

-31.16

Complaints Registered

4,923

5,424

10.18

Enforcement Hours

161,237

176,050

9.19

WHD Western Region

WHD Enforcement Statistics—All Acts

FY2001

FY2002

Percent Change

Concluded Cases

4,285

4,913

14.66

Back Wages Collected

$18,982,739

$31,835,691

67.71

Employees Receiving Back Wages

29,747

36,100

21.36

Civil Money Penalties Assessed

$1,122,085

$1,458,109

29.95

Complaints Registered

2,547

3,002

17.86

Enforcement Hours

180,603

181,776

0.65


1 Concluded cases include cases initiated as a result of a complaint and self-directed cases initiated by the agency. About 74 percent of all concluded cases in fiscal year 2002 were based on a complaint. This is slightly higher than the 69 percent in fiscal year 2001.