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Wage and Hour Division (WHD) Functions

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Minimum Wage for Tipped Employees

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The WHD enforces minimum wage provisions for tipped employees, ensuring they earn the full minimum wage when tips and direct wages are combined.

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Regulation of Compensable Time

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The WHD defines what constitutes compensable time (time for which employees must be paid), helping to establish fair work conditions.

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Overtime Pay Regulation

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The WHD oversees the enforcement of laws regarding overtime compensation, ensuring that workers are properly paid for hours worked beyond the standard workweek.

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Recordkeeping Standards

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The WHD mandates employers to keep certain records for each non-exempt worker, which is essential for compliance checks and helps protect employees' rights.

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Family and Medical Leave Act (FMLA) Enforcement

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The WHD administers and enforces the FMLA which allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons.

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Responding to Worker Complaints

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The WHD receives and responds to complaints from workers about violations of labor laws, ensuring that their grievances are investigated and addressed.

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Regulation of Equal Pay

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The WHD ensures compliance with the Equal Pay Act so that men and women receive equal pay for equal work, promoting gender equality in the workplace.

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Enforcement Against Wage Theft

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The WHD investigates claims of wage theft, such as unpaid wages or hours worked, to protect employees from losing earned income unjustly.

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Migrant and Seasonal Agricultural Worker Protection

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The WHD enforces the Migrant and Seasonal Agricultural Worker Protection Act, which safeguards the working conditions of migratory farm workers.

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Enforcement of Nursing Mother's Rights

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The WHD enforces the provisions for nursing mothers under the FLSA, requiring employers to provide reasonable break time and a private space for employees to express breast milk.

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Enforcement of Federal Minimum Wage

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The WHD enforces compliance with the federal minimum wage laws to ensure workers receive the legal minimum pay for their work which is vital to protecting workers from exploitation.

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Child Labor Law Compliance

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The WHD ensures that employment of minors is in compliance with child labor laws, protecting minors from working in hazardous conditions and ensuring their education is not compromised.

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