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

English

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Cornell University ILR School 
DigitalCommons@ILR 
Federal Publications Key Workplace Documents 
January 2005 
2004 Statistics Fact Sheet 
U.S. Department of Labor, Wage and Hour Division 
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2004 Statistics Fact Sheet 
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Suggested Citation 
U.S. Department of Labor, Wage and Hour Division (2004). 2004 statistics fact sheet [Electronic version]. 
Washington, DC: U.S. Department of Labor. http://digitalcommons.ilr.cornell.edu/key_workplace/318/ 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/key_workplace/318 
2004 Statistics Fact Sheet 
Wage and Hour Maintains High Enforcement Levels in Fiscal Year 2004 
The Employment Standards Administration’s Wage and Hour Division (WHD) recovered 
more than $196 million in back wages in fiscal year 2004.  Back wage collections have 
increased steadily since fiscal year 2001, with record breaking amounts collected in fiscal 
year 2003.[1]  The number of workers receiving back wages has increased by over 33 
percent since fiscal year 2001.  The average number of cases concluded by WHD 
investigators in each fiscal year has shown a steady increase from just over 40 cases 
concluded per investigator in 2001 to 46 in 2004, as WHD increased its enforcement 
productivity.  WHD investigators have also significantly decreased the number of days it 
takes to conclude a complaint case.  The agency concluded some 37,842 compliance 
actions in fiscal year 2004.  WHD assessed nearly $9 million in civil money penalties this 
past fiscal year – a slight decrease from the nearly $10 million assessed in 2003. 
  
WHD 
Enforcement 
Statistics – 
All Acts 
FY2001 FY2002 FY2003 FY2004 
Change 
(01-04) 
 
  Concluded Cases 38,051 40,264 39,425 37,842 (.5%) 
  Back Wages Collected $131,954,657 $175,640,492 $212,537,554 $196,664,146 49.0% 
  
Employees 
Receiving 
Back Wages 
216,647 263,593 342,358 288,296 33.1% 
  Complaints Registered 29,085 31,413 31,123 31,786 9.3% 
  Enforcement Hours 998,937 1,070,600 1,032,879 1,000,739 .18% 
  
Average 
Days to 
Resolve 
Complaint 
139 129 108 92 (34.0%)
             
  
Over 265,000 Employees Received Back Wages as a Result of WHD Investigations 
in Fair Labor Standards Act Cases. 
In fiscal year 2004, more than 265,000 employees received back wages as a result of 
WHD investigations in Fair Labor Standards Act (FLSA) cases.  WHD collected more 
than $165 million in back wages for violations in FLSA cases, a 48 percent increase over 
the $111 million collected in fiscal year 2001, although slightly less than in 2003.  FLSA 
cases represent around 83 percent of all cases handled by the agency in a fiscal year.  In 
fiscal year 2004, back wages for overtime violations represented roughly 92 percent of all 
FLSA back wages collected, and the number of employees due overtime back wages 
represented about 89 percent of all employees due FLSA back wages.  This fiscal year, 
about 71 percent of the FLSA cases had monetary violations, compared to the 69, 70 and 
66 percent of monetary violation cases in fiscal years 2003, 2002 and 2001, respectively.  
In fiscal year 2004, WHD assessed employers $3,500,388 in FLSA civil money penalties, 
an increase of 9 percent over fiscal year 2003.  
  
FLSA 
Registered 
Case 
Enforcement 
Statistics[2]
FY2001 FY2002 FY20031 FY 2004 
Change 
(01-04) 
Concluded 
FLSA Cases 31,772 33,154 32,591 31,448 (1.0%) 
FLSA Cases 
with 
Monetary 
Violations 
21,001 23,111 22,641 22,300 6.2% 
Back Wages 
Collected for 
FLSA Cases 
$111,102,883 $142,979,826 $182,119,413 $165,385,781 48.8% 
Employees 
Receiving 
Back Wages 
195,257 241,568 314,660 265,772 36.1% 
  
  
Back Wages Collected for Workers in Low-Wage 
Industries Increased 33 Percent over the Last Four Years 
WHD continues to pursue compliance in low-wage industries, those with vulnerable, 
often immigrant workers, and those industries with a history of chronic violations.  In 
fiscal year 2004, the agency collected more than $43 million in back wages for 84,897 
workers in selected low-wage industries – an increase of over 22 percent of low-wage 
workers receiving back wages since fiscal year 2001.  Over a third of WHD enforcement 
resources are attributed to investigations in nine selected 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 reflects 
WHD’s continued commitment to ensuring that low-wage workers’ rights and wages are 
protected. 
  
Low-Wage Industries Statistics Cases Back Wages Employees 
Agriculture 1,633 $1,194,589 3,700
Day Care 751 $936,211 3,323
Restaurants 5,040 $11,304,915 24,335
Garment Manufacturing 505 $4,770,554 6,722
Guard Services 683 $5,316,776 8,753
Health Care 1,947 $10,925,095 20,531
Hotels and Motels 1,045 $2,383,884 6,817
Janitorial Services 549 $2,999,578 4,700
Temporary Help 472 $3,310,309 6,016
Total Selected Low-Wage 
Industries 12,625 $43,141,911 84,897
  
  
Low-Wage 
Industries 
Statistics[3]
FY2001 FY2002 FY2003 FY2004 
Change 
(01-04) 
Cases in 
Selected 
Low-Wage 
Industries 
14,267 14,016 12,962 12,625 (11.5%)
Back Wages 
Collected $32,470,183 $38,608,612 $39,595,382 $43,141,911 32.9%
Employees 
Receiving 
Back Wages 
69,469 86,432 80,772 84,897 22.2%
  
Steady Decline in Minors Employed in Violation of Child Labor Laws 
In fiscal year 2004, 41 percent fewer minors were found employed in violation of the 
FLSA child labor provisions than in fiscal year 2001.  Forty-seven (47) percent fewer 
minors were found illegally employed in hazardous occupations than in 2001.  The 
number of investigations in which child labor violations were found decreased by nearly 
23 percent from fiscal year 2001, while the number of self-directed child labor 
investigations increased by nearly 7 percent in the same time period.  WHD assessed 
$4,191,809 in child labor civil money penalties in fiscal year 2004. 
  
Child Labor Statistics FY2001 FY2002 FY2003 FY2004 
Change 
(01-04) 
Self-Directed Child 
Labor Cases 2,021 2,105 2,031 2,155 6.6%
Cases with Child 
Labor Violations 2,103 1,936 1,648 1,616 (23.2%)
Minors Employed in 
Violation 9,918 9,690 7,228 5,840 (41.1%)
Minor Per Case 4.7 5 4.4 3.6 (23.4%)
Cases with HO 
Violations 876 747 654 459 (47.6%)
Minors Employed in 
Violation of HOs 2,060 1,710 1,449 1,087 (47.2%)
Child Labor 
Enforcement Time 7.4% 6.3% 5.9% 5.8% (21.6%)
  
Family and Medical Leave Act Enforcement Complaints Declined Slightly in 2004 
The number of Family and Medical Leave Act (FMLA) complaint investigations 
concluded dropped slightly in 2004 from fiscal year 2003, but were about 20 percent 
higher than in fiscal year 2001.  The number of violation cases increased by only 4 
percent during the same time period from 2001 through 2004.  Violation cases as a 
percent of FMLA complaints decreased significantly from 52 percent in fiscal year 2001 
to 45 percent in fiscal year 2004.  In fiscal year 2004, WHD collected just over $2.3 
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 
Change 
(01-04) 
Number of 
Complaints 2,790 3,501 3,565 3,350 20.1% 
Nature of Complaint        
  Refusal to Grant 
FMLA Leave 629 741 815 697 10.8% 
  Refusal to Restore 
to Equivalent Position 360 400 370 369 2.5% 
  Termination 1,123 1,503 1,567 1,473 31.2% 
  Fail to Maintain 
Health Benefits 62 71 46 48 (22.6%) 
  Discrimination 616 786 767 763 23.9% 
Status of 
Compliance Action        
No Violation Cases 1,343 1,766 1,911 1,848 37.6% 
  Employer Not 
Covered 58 63 68 75 29.3% 
  Employee Not 
Eligible 164 224 199 238 45.1% 
  Complaint Not Valid 953 1,281 1,417 1,301 36.5% 
  Other 168 198 227 234 39.3% 
Violation Cases 1,447 1,735 1,654 1,502 3.8% 
  Number of 
Employees Affected 1,627 2,077 1,867 1,742 7.1% 
  Amount of Monetary 
Damages $2,983,936 $3,731,929 $2,397,876 $2,311,781 (22.5%) 
 
 
 
[1] FY2003 statistics include several multimillion dollar back wage cases, including one 
case in excess of $21 million,  that were concluded during FY2003. 
[2] FLSA registered cases are investigations registered under the Fair Labor Standards 
Act (as opposed to the Davis-Bacon Act or the Migrant and Seasonal Agricultural 
Worker Protection Act).  The violations, back wages and employees receiving back 
wages for this group of investigations are not limited to FLSA violations.  The reported 
violations may have occurred under any other statute that WHD enforces. 
[3] Includes Agriculture, Day Care, Restaurants, Garment Manufacturing, Guard 
Services, Health Care, Hotels and Motels, Janitorial Services, Temporary Help. 
  
 


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