This content was originally published in October 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide.
Effective November 8, 2009, the Employment Standards Administration (ESA), the umbrella agency that administers the Wage and Hour Division (WHD), the Office of Federal Contract Compliance Programs, the Office of Labor-Management Standards, and the Office of Workers’ Compensation Programs will be abolished. In an effort to eliminate one level of bureaucracy in the U.S. Department of Labor, the WHD, the agency charged with enforcing the FMLA, and other divisions formerly under ESA will report directly to the Secretary of Labor.
According to a July 8, 2009 memo announcing the elimination of ESA, Shelby Hallmark, the assistant secretary of ESA, stated that the change will result in a more “streamlined organizational structure” that will “significantly improve policy decision making with respect to the four individual programs, enhancing the Department’s responsiveness in enforcing key worker protection laws.” As a result, the four agencies currently under the ESA umbrella will be able to operate more independently and should be able to make decisions more quickly.
This reorganization reflects the Obama administration’s emphasis on increased enforcement of federal wage-and-hour laws.