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U.S. Department of Labor, Wage and Hour Division

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2005 Statistics Fact Sheet

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Federal Publications Key Workplace Documents 
December 2006 
2005 Statistics Fact Sheet 
U.S. Department of Labor, Wage and Hour Division 
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2005 Statistics Fact Sheet 
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Suggested Citation 
U.S. Department of Labor, Wage and Hour Division (2005). 2005 statistics fact sheet [Electronic version]. 
Washington, DC: U.S. Department of Labor. http://digitalcommons.ilr.cornell.edu/key_workplace/319/ 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/key_workplace/319 
2005 Statistics Fact Sheet 
Wage and Hour Collects $166 Million in Back Wages for over 
241,000 Employees in Fiscal Year 2005 
The Employment Standards Administration’s Wage and Hour Division (WHD) recovered 
more than $166 million in back wages for over 241,000 employees in fiscal year 2005. 
Back wage collections this past year represent a 26 percent increase over back wages 
collected in fiscal year 2001. The number of workers receiving back wages has increased 
by 11 percent since fiscal year 2001. Also, WHD has continued to reduce the number of 
days to conclude a complaint case from 139 days in FY 2001 to 85 days in FY 2005. The 
agency concluded 34,858 compliance actions in fiscal year 2005 and assessed over $10.5 
million in civil money penalties – a 17% increase from the $9 million assessed in 2004. 
  
WHD  
Enforcement 
Statistics –  
All Acts 
FY2001 FY2002 FY2003 FY2004 FY2005 
Change 
(01-05) 
Back Wages 
Collected $131,954,657 $175,640,492 $212,537,554 $196,664,146 $166,005,014 25.8% 
Employees 
Receiving  
Back Wages 
216,647 263,593 342,358 288,296 241,379 11.4% 
Complaints 
Registered 29,085 31,413 31,123 31,786 30,375 4.4% 
Enforcement 
Hours 998,937 1,070,600 1,032,879 1,000,739 969,776 (2.9%) 
Average Days 
to Resolve 
Complaint 
139 129 108 92 85 (38.8%) 
Concluded  
Cases 38,051 40,264 39,425 37,842 34,858 (8.4%) 
  
Over 219,000 Employees Received Fair Labor Standards Act Back Wages 
In fiscal year 2005, more than 219,000 employees received a total of $134.2 million in 
minimum wage and overtime back wages as a result of Fair Labor Standards Act (FLSA) 
violations.  WHD collected nearly $119.4 million in back wages for FLSA overtime 
violations and more than $14.8 million for FLSA minimum wage violations.  Back wages 
for overtime violations represented roughly 89 percent of all FLSA back wages collected, 
and the number of employees due overtime back wages represented about 85 percent of 
all employees due FLSA back wages.  In fiscal year 2005, WHD assessed employers $4.3 
million in FLSA civil money penalties, an increase of 22 percent over the $3.5 million 
assessed in fiscal year 2004.  
  
  Cases Back Wages Collected 
Percent of all 
FLSA Back 
Wages 
Employees 
Receiving 
Back Wages 
Percent of all 
Employees 
Receiving 
FLSA Back 
Wages 
Minimum 
Wage 12,504 $14,840,557 11% 53,236 14 
Overtime 11,134 $119,397,287 89% 188,959 86 
  
Of the $134.2 million in FLSA back wages collected, nearly $13.6 million were collected 
for approximately 10,000 employees as a result of violations of the new Overtime 
Security regulations (29 C.F.R. Part 541).  Over $21.4 million in back wages were 
collected for 31,450 employees who were paid straight-time for overtime hours worked 
and approximately $20.1 million were collected for approximately 56,900 employees 
who were not paid for all hours worked.  The remaining back wages collected were for 
violations that resulted from the failure to properly compute an employee’s regular rate of 
pay, the failure to combine all hours worked for overtime purposes, misapplied 
exemptions other than those under Part 541, or missed last paycheck or payroll. 
  
Overtime Security Task Force Results 
The WHD’s Overtime Security Task Force’s FY 2005 initiative focused on workers who 
became eligible for overtime compensation when the salary threshold increased from 
$155 to $455 a week – the first such increase since 1975.  The Task Force identified 
industries, such as restaurants, day care centers, grocery stores, hotels and motels, in 
which there were large numbers of salaried workers who earned less than $455 a week 
and who reported working over 40 hours in a week.  WHD completed 165 directed 
investigations as part of the initiative resulting in approximately $217,000 in back wages 
collected for 285 employees who were employed in violation of the Overtime Security 
rule. 
As part of the initiative, WHD sponsored five regional compliance assistance forums in 
Pennsylvania, Washington, Texas, Florida, and Ohio, to educate employers and 
employees on the requirements of the new regulations.  Since the rule was published, 
WHD has conducted over 700 nationwide compliance assistance activities and has issued 
multiple opinion letters interpreting provisions of the new rule.  The opinion letters can 
be found on the agency’s web site at www.wagehour.dol.gov. 
The initiative identified violations of the new Overtime Security regulations, 29 C.F.R. 
Part 541, in 79 of the 165 investigations or 48 percent of the establishments.  Just over 
one-half of the employers (52%) were in compliance with the new Overtime Security 
regulations. 
  
• Violations resulting from the new salary level were identified in 44 of the 79 
investigations and were most common in the hotel and motel and restaurant 
industries.  As a result, back wages of $48,766 were found due to 97 employees 
who were paid below the $455 threshold. 
• Violations of the salary basis tests were identified in 30 of the 79 investigations 
and were most common in the restaurant and nursing home industries (“salary 
basis” means an employee regularly receives a predetermined amount of 
compensation each pay period).  These types of violations resulted in $72,336 in 
back wages due 95 employees.  
• The initiative investigations also found 52 workers due $60,662 in back wages in 
12 cases where the workers did not meet the duties test for the executive 
exemption. 
  
Back Wages Collected for Workers in Low-Wage 
Industries Increased 
WHD continues to pursue compliance in low-wage industries that employ vulnerable, 
often immigrant, workers, and those industries with a history of chronic violations.  In 
fiscal year 2005, the agency collected nearly $45.8 million in back wages for 96,511 
workers in low-wage industries – an increase of over 13 percent of low-wage workers 
receiving back wages in fiscal year 2004.  Over a third of WHD enforcement resources 
are attributed to investigations in nine low-wage industries, which include day care, 
restaurants, janitorial services and temporary help.  The increase in back wages collected 
and the number of low-wage workers receiving back wages reflect WHD’s continued 
commitment to ensuring that low-wage workers’ rights and wages are protected. 
  
Low-Wage Industries Statistics Cases Back Wages Employees 
Agriculture 1,449 $1,319,636 4,042
Day Care 809 $1,026,254 3,578
Restaurants 4,829 $13,800,956 31,755
Garment Manufacturing 978 $3,970,247 4,679
Guard Services 716 $5,873,118 9,150
Health Care 1,773 $11,917,166 30,508
Hotels and Motels 997 $2,847,607 5,274
Janitorial Services 536 $3,408,819 4,699
Temporary Help 381 $1,619,940 2,826
Total Low-Wage Industries 12,468 $45,783,743 96,511
  
  
Low-Wage 
Industries 
Statistics[1]
FY2001 FY2002 FY2003 FY2004 FY2005 
Change
(01-05) 
Back Wages 
Collected $32,470,183 $38,608,612 $39,595,382 $43,141,911 $45,783,743 41.0%
Employees 
Receiving 
Back Wages 
69,469 86,432 80,772 84,897 96,511 38.9%
Cases in Low-
Wage 
Industries 
14,267 14,016 12,962 12,625 12,468 (12.6%)
  
Number of Minors Employed in Compliance of Child Labor Laws Improves 
Results for fiscal year 2005 show a reduction in the average number of minors found 
employed in violation of the FLSA child labor provisions.  On average 3.3 minors were 
found illegally employed per case compared to 3.6 in fiscal year 2004.  Hazardous 
Occupation Order (HO) violations were found in a third of the cases with violations.  
Violations of HO No. 12 (paper balers) was the most common HO violation found 
followed by violations of HO No. 10 (meat slicers); HO No. 2 (driving) and HO No. 7 
(forklifts and other hoisting apparatuses).  WHD assessed $3.7 million in child labor civil 
money penalties in fiscal year 2005. 
  
Child Labor 
Statistics FY2001 FY2002 FY2003 FY2004 FY2005 
Change 
(01-05) 
Self-Directed Child 
Labor Cases 2,021 2,105 2,031 2,155 1,406 (30.4%) 
Cases with Child 
Labor  
Violations 
2,103 1,936 1,648 1,616 1,129 (46.3%) 
Minors Employed in 
Violation 9,918 9,690 7,228 5,840 3,703 (62.7%) 
Minors Per Case 4.7 5 4.4 3.6 3.3 (29.8%) 
Cases with HO 
Violations 876 747 654 459 396 (54.8%) 
Minors Employed in 
Violation of HOs 2,060 1,710 1,449 1,087 1,091 (47.0%) 
  
One explanation for the increase in the number of minors employed in compliance with 
the child labor laws is the effectiveness of compliance assistance and enforcement 
strategies.  The most recent investigation-based surveys of child labor compliance, 
conducted in fiscal year 2004, show continued high levels of compliance in the full-
service restaurant and grocery store industries and improvements in compliance in quick-
service restaurants.  The survey also found significant reductions in the percent of 
employers with repeat violations in all three industries.  The survey found that 91% of 
quick-service restaurants were in compliance with the FLSA youth rules provisions and 
99% of youth employed in this industry were employed in compliance.  The survey also 
found 73% of full-service restaurants were in compliance and 88% of youth workers 
were employed in compliance.  Finally, 80% of grocery stores were in compliance and 
95% of youth were employed in compliance in this industry. 
  
Investigation-Based Compliance Surveys in the Child Labor Program 
  Quick-Service 
Restaurants Full-Service Restaurants Grocery Stores 
  FY 2004 
Survey 
FY 2000 
Baseline 
FY 2004 
Survey 
FY 2000 
Baseline 
FY 2004 
Survey 
FY 2000 
Baseline 
% of 
employers 
in 
complianc
e 
91% 70% 73% 78% 80% 82% 
% of 
youths 
employed 
in 
complianc
e 
99% 95% 88% 89% 95% 98% 
% of 
employers 
in 
complianc
e with HOs  
96% 96% 96% 94% 88% 93% 
% of 
employers 
with repeat 
violations 
18% 28% 33% 48% 17% 28% 
% of youth 
employed 
in 
complianc
e by prior 
violators 
97% 97% 94% 94% 99% 95% 
  
Family and Medical Leave Act Enforcement Complaints Declined 
The number of Family and Medical Leave Act (FMLA) complaint investigations 
concluded declined slightly in 2005 from fiscal year 2004.  The number of violation cases 
declined by 10 percent from fiscal year 2004.  In fiscal year 2005, WHD collected just 
over $1.8 million in back wages for violations of FMLA.  Termination of employees 
seeking FMLA leave continues to be the primary reason that employees filed a 
complaint. 
  
FMLA 
Enforcement 
Statistics 
FY2001 FY2002 FY2003 FY2004 FY2005 
Change 
(01-05) 
Number of 
Complaints 2,790 3,501 3,565 3,350 2,784 (0.21%) 
Nature of 
Complaint          
  Refusal to 
Grant FMLA 
Leave 
629 741 815 697 647 2.9% 
  Refusal to 
Restore to 
Equivalent 
Position 
360 400 370 369 328 (8.9%) 
  Termination 1,123 1,503 1,567 1,473 1,132 0.80% 
  Fail to 
Maintain Health 
Benefits 
62 71 46 48 50 (19.3%) 
  Discrimination 616 786 767 763 627 1.79% 
Status of 
Compliance 
Action 
         
No Violation 
Cases 1,343 1,766 1,911 1,848 1,429 6.4% 
  Employer Not 
Covered 58 63 68 75 37 (36.2%) 
  Employee Not 
Eligible 164 224 199 238 176 7.3% 
  Complaint Not 
Valid 953 1,281 1,417 1,301 1,058 11.0% 
  Other 168 198 227 234 158 (5.9%) 
Violation Cases 1,447 1,735 1,654 1,502 1,355 (6.4%) 
  Number of 
Employees 
Affected 
1,627 2,077 1,867 1,742 1,626 (0.06%) 
  Amount of 
Monetary 
Damages 
$2,983,936 $3,731,929 $2,397,876 $2,311,781 $1,867,807 (37.4%) 
  
FY 2006 Initiatives 
WHD will undertake key compliance initiatives in fiscal year 2006 in support of its 
mission “to promote and achieve compliance with labor standards to protect and 
enhance the welfare of the nation’s workforce.”  National initiatives include: 
“Off-the-Clock” and Overtime Security:  WHD will undertake an investigation-based 
compliance survey of identified low-wage industries in fiscal year 2006.  The initiative is 
designed to measure FLSA compliance in those industries most likely to have minimum 
wage and overtime violations as a result of “off-the-clock” violations or Overtime 
Security violations.  The initiative will consist of a number of directed investigations 
nationwide and will be preceded by outreach. 
Youth Employment Survey:  In fiscal year 2006, WHD will conduct a survey of 
compliance with the FLSA youth employment provisions in retail establishments.  The 
initiative will also consist of a number of directed investigations nationwide and will 
include compliance assistance activities. 
In addition to these national initiatives, WHD regions have planned regional and local 
initiatives for fiscal year 2006.  The initiatives are a balance of activities in compliance 
assistance, partnerships and alliances, and enforcement.  Each region has a regional 
initiative designed to decrease employer recidivism.  All of the regions have planned for 
ongoing and prospective partnership and alliance activities in support of the agency’s 
compliance assistance plan, including increased participation in human trafficking task 
forces. 
Enforcement initiatives are designed to increase compliance with FLSA, including youth 
employment in low-wage industries.  A component of the agency’s low-wage focus will 
also include regional and district initiatives in agriculture to increase compliance with the 
Migrant and Seasonal Agricultural Worker Protection Act. 
Revised December 2006 
 
 
 
[1] Includes Agriculture, Day Care, Restaurants, Garment Manufacturing, Guard 
Services, Health Care, Hotels and Motels, Janitorial Services, Temporary Help except for 
fiscal years 1999 and 2000, which do not include data on Day Care and Temporary Help 
industries 
 


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