Audit: DOL had hundreds of backlogged complaints

A recent audit of the Department of Labor’s Wage and Workplace Standards Division found a backlog of hundreds of complaints, some of which had been unassigned for more than two years.

The WWSD oversees the state’s labor law and regulations, including regulating wages and working conditions affecting approximately 1.6 million of the state’s workers. Workers can submit complaints related to employer-employee relationships, such as missing or unpaid wages, or other workplace related issues.

The state Auditors of Public Accounts recently released an audit of the Department of Labor (DOL) covering fiscal years 2021 and 2022. The audit found that 843 complaints received by the Wage and Workplace Standards Division (WWSD) were not assigned for investigation as of May 11, 2023. One complaint had not been assigned an investigation 336 days after it was received.

According to the audit, 41 percent of an estimated 2,000 cases WWSD had received on May 11, 2023 were pending or unassigned. As of April 2023, the division had 20 wage enforcement agents and investigators and four field supervisors.

The backlog risks employees’ ability to collect lost wages in a timely fashion, the audit finds. It also noted the delay in case processing times may mean employees who submitted lost wage reports may not be able to recover their money if the employer goes out of business.

The audit cites issues with the division’s information system as the reason for the backlog. “The division’s information system could not generate essential performance reports to allow management to take prompt action.” the audit finding reads.

It also notes that DOL “indicated that the backlog could have been caused by changes in state and federal law and a lack of staffing.”

DOL told auditors that it had “already identified insufficient staffing as the primary factor in these delays.” The audit notes that the agency submitted requests for additional funding for more staff during both the 2023 and 2024 legislative terms, but these were ultimately not passed.

According to the WWSD website , the division is currently “4-6 months behind the assignment of new claims.” The WWSD cites a “high volume of wage and workplace standards claims actively pending and/or under investigation” as the reason for the delay.

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