The Shutdown Is Over. WHD Investigations Are Back.
Is your business audit-ready?
The federal government shutdown that ran from October into November 2025 forced the U.S. Department of Labor’s Wage and Hour Division (WHD) down to a skeleton crew — roughly 10 of its normal 1,270 employees stayed on the job, handling only health and safety matters like child labor complaints. Routine investigations into overtime, minimum wage, and Family and Medical Leave Act (FMLA) compliance were paused nationwide.
Now that the shutdown has ended, WHD is back to full strength and the paused investigations are resuming. The division also has a new leader: Andrew Rogers, confirmed by the Senate as WHD Administrator during the shutdown, has since been sworn in and is expected to move quickly on the agency’s enforcement priorities.
What This Means for Employers
With weeks of paused investigations resuming, plus a backlog of complaints filed during the shutdown, employers should expect WHD activity to pick up quickly over the coming months. If your business was already on WHD’s radar before the shutdown, or if a complaint was filed while investigators were furloughed, that case is likely moving forward now.
- Investigations into overtime, minimum wage, and FMLA compliance have resumed nationwide.
- Complaints filed during the shutdown are now being assigned to investigators.
- A newly confirmed WHD Administrator is in place and expected to move quickly on enforcement priorities.
- Employers who paused compliance reviews during the shutdown should pick them back up now, before an investigator does it for them.
Now Is the Time for a Compliance Check
Whether or not your business has been contacted by WHD, a fully reopened Division is a good reason to review your pay practices proactively. As a former U.S. DOL Wage & Hour Investigator, I help employers spot the same issues investigators look for — misclassified employees, overtime calculation errors, tip credit mistakes, and timekeeping gaps — before they turn into findings on an official report.
Ready to protect your business?
Contact FA Consulting today to schedule a compliance review or request a custom training session. Start with a free 30-minute consultation.
Frank@frank-alvarado.com
706-809-3500
www.Frank-alvarado.com
