March 10, 2022

DOL WHD Announces New Workplace Retaliation Resources

On March 10th, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) announced (Tweeted) a variety of new resources that address workplace retaliation.

Field Assistance Bulletin (FAB 2022-2) – the 18-page document provides information about worker protections from retaliation under the laws that the DOL’s Wage and Hour Division (WHD) enforces. These include the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Immigration and Nationality Act, Consumer Credit Protection Act, a number of Executive Orders applicable to covered government contractors, and more.

A 41-slide presentation that addresses employees and covers workers’ rights under the laws enforced by WHD.

A 59-minute webcast with a panel of speakers from the EEOC, DOL and NLRB  entitled, “Ending Retaliation, Securing Racial and Economic Justice in the Workplace.”

While the information is not new, per se, it does provide employers with some good reminders, although the materials “speak” to employees.


  • Unlawful, adverse actions need not be overt. They can be subtle, such as excluding an employee from a regularly scheduled meeting.
  • Mistakes count! Legally protected activities include those based on an employee’s mistaken belief that the employee’s rights have been violated. On the flip side, an employer’s adverse action based on the employer’s mistaken belief may be unlawful.
  • Working partnerships. WHD leverages established relationships with federal and state partners including the U.S. EEOC, National Labor Relations Board, and OSHA to protect workers from unlawful retaliation by sharing information and making inter-agency referrals.
  • Just four months ago, in November, the U.S. EEOC also issued updated Guidance on workplace retaliation.

For more information, click here and join us for FiveL Company’s April 27th webcast, “Workplace Retaliation: A 2022 Update” from 10:00 – 11:15 a.m. ET