The U.S. Department of Labor and the Pennsylvania Office of the Attorney General Join Forces

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Patricia Tsipras

February 28, 2024

On February 21, 2024, the U.S. Department of Labor’s Wage and Hour Division (WHD) and the Pennsylvania Office of the Attorney General (OAG) signed a Memorandum of Understanding to promote compliance with laws of common concern.

The WHD enforces

• the federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act
• the Migrant and Seasonal Agricultural Worker Protection Act
• the Employee Polygraph Protection Act
• the Family and Medical Leave Act
• the wage garnishment provisions of the Consumer Credit Protection Act
• a number of employment standards and worker protections as provided in several immigration-related statutes
• the prevailing wage requirements of the Davis-Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services

The OAG has various divisions and sections that are relevant to the Memorandum of Understanding.  For example, the mission of the OAG Fair Labor Section includes affirmative and public educational efforts to combat wage theft and related issues and to protect the rights of workers, as well as businesses that abide by wage, hour, and safety laws.

Pursuant to the Memorandum of Understanding, the WHD and the OAG will coordinate outreach and education.  They will conduct joint investigations and coordinate enforcement activities, including making referrals of potential violations of each other’s statutes.  The two agencies also will share information of common concern and cross-train investigators and other staff to educate them about the laws and regulations enforced by both agencies.

The Memorandum of Understanding between the WHD and the OAG is not the first of its kind.  For example, last year, the Occupational Safety and Health Administration and the National Labor Relations Board joined forces to provide additional protections for workplace whistleblowers.  See our article about that collaboration here.  In addition, the Equal Employment Opportunity Commission and the Federal Trade Commission each joined forced with the U.S. Department of Labor to address key issues of mutual interest.  See our articles on those collaborations here and here.

Employers:  Take time to understand the focus of the WHD, the OAG, and other federal and state agencies.  Be proactive in reviewing and revising your practices to avoid their attention.  We can help.

This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice.  Always consult an attorney with specific legal issues.