DOGE Is Closing the Offices That Enforce Your FMLA Rights
The federal offices that investigate FMLA violations, enforce wage laws, and inspect unsafe workplaces are losing staff, losing funding, and losing physical locations. If your employer breaks the law, the government agency that is supposed to help you is being hollowed out from the inside. Here is what that means for you, and what you can still do about it.
On this page
- What Is Happening at the DOL
- The Cuts by the Numbers
- How WHD Cuts Affect FMLA Workers
- What OSHA Cuts Mean for Workplace Safety
- NIOSH Gutted, OFCCP Gone
- Your FMLA Rights Have Not Changed
- You Can Sue Without Filing a DOL Complaint
- State Laws That Fill the Gap
- How to Protect Yourself Right Now
- The Fight to Restore Enforcement
- FAQ
What Is Happening at the Department of Labor
The Department of Government Efficiency (DOGE) has targeted the Department of Labor for hundreds of millions of dollars in cuts. The result is fewer investigators, closed offices, and eliminated programs. The agencies hit hardest are the ones that enforce the laws workers rely on most: the Wage and Hour Division (WHD), the Occupational Safety and Health Administration (OSHA), the Office of Federal Contract Compliance Programs (OFCCP), and the National Institute for Occupational Safety and Health (NIOSH).
WHD is the agency that enforces the FMLA. It is also the agency that enforces the Fair Labor Standards Act (FLSA), which covers minimum wage, overtime, and child labor protections. When WHD loses investigators and closes offices, all of those laws become harder to enforce.
This is not a hypothetical threat. The cuts are already taking effect. According to data compiled by Good Jobs First, combined wage and hour enforcement cases dropped 97% in 2025 compared to prior years. Wage and hour penalties dropped 83% in inflation-adjusted dollars.
The DOGE Cuts by the Numbers
The scale of these cuts is striking. Here is what DOGE has targeted at the Department of Labor:
DOGE claims $455 million in savings from DOL operations. The breakdown: $237 million from cutting international labor grants, $192 million from terminating 96+ contracts, and $23 million from closing office leases. Each of these numbers represents real programs and real people who were doing enforcement work.
Of the 87 DOL offices on the lease termination list, 37 belong to WHD and OSHA combined. These are the offices where investigators are based. Closing them means investigators must travel farther to reach worksites, which means fewer investigations per investigator and longer wait times for workers who file complaints.
The FY2026 budget request cuts the Department of Labor's overall budget by roughly 35%. Individual agencies are hit differently: WHD loses $25 million and 245 employees. OSHA loses $50 million and 223 positions. OFCCP is eliminated entirely.
How WHD Cuts Affect FMLA Enforcement
The Wage and Hour Division enforces more than a dozen federal labor laws, including the FMLA. When you file an FMLA complaint with the DOL, it is WHD investigators who look into it. They contact your employer, review records, and determine whether a violation occurred.
WHD is losing roughly one-third of its investigators. As of mid-2025, the agency had just 611 investigators on staff. That is the lowest number since at least 1973, and less than half the investigators the agency had at its 1978 peak. The ratio is now roughly one investigator for every 278,000 workers and 20,000 establishments.
What does this mean in practice? If your employer denies your FMLA leave request illegally, retaliates against you for taking leave, or fires you while you are on leave, the government has far fewer people available to investigate your complaint. Your case could take months longer to be assigned to an investigator. It may never be investigated at all.
The office closures make things worse. When a WHD field office closes, the investigators based there either relocate to a more distant office or leave the agency. Either way, investigations that used to involve a short drive to the employer's location now require long-distance travel. Former DOL officials say this means less time spent on actual investigations and longer case processing times.
What OSHA Cuts Mean for Workplace Safety
OSHA is the agency that keeps workplaces physically safe. It sets and enforces standards for everything from fall protection on construction sites to chemical exposure limits in factories. Under the FY2026 budget proposal, OSHA's budget would be cut from $632 million to $582 million, and the agency would lose 223 positions (roughly 12% of its workforce).
Early in 2025, DOGE listed 18 OSHA offices for closure as part of its lease termination campaign. Those closures were reversed after pushback from labor groups and some members of Congress. But the staff cuts remain.
If you work in a physically dangerous job (construction, manufacturing, warehousing, agriculture), this affects you directly. Fewer OSHA inspectors means fewer inspections, slower response to complaints, and less deterrence for employers who cut corners on safety. If you are injured on the job, the connection between your workplace injury and your need for FMLA leave becomes personal very quickly. Your right to take FMLA leave for a serious health condition depends on a system where unsafe workplaces are held accountable.
There is a partial backstop here: 22 states run their own OSHA-approved state plans and are not directly affected by federal OSHA budget cuts. But if your state relies on federal OSHA (which is most states), the cuts hit you directly.
NIOSH Gutted, Then Partially Restored. OFCCP Gone Entirely.
Two other agencies tell the story of what is happening across federal labor enforcement.
NIOSH: Fired, Then Reinstated
The National Institute for Occupational Safety and Health (NIOSH) researches workplace hazards and recommends safety standards. In April 2025, the Department of Health and Human Services initiated a reduction in force that targeted more than 90% of NIOSH's workforce, roughly 873 employees including scientists, engineers, and technical experts.
The backlash was immediate. The AFL-CIO launched a campaign demanding reinstatement. Senator Shelley Moore Capito (R-WV), chair of the Senate Appropriations subcommittee on labor and health, publicly pushed back. "I support the president's vision to right-size our government," Capito said, "but I don't think eliminating NIOSH programs will accomplish that goal."
After months of legal battles and union pressure, HHS reversed course in January 2026, revoking all layoff notices and reinstating over 600 employees. It was a win, but the disruption caused lasting damage to ongoing research programs.
OFCCP: Eliminated
The Office of Federal Contract Compliance Programs (OFCCP) had a specific job: making sure companies with federal contracts did not discriminate. It is being eliminated entirely in the FY2026 budget. If you work for a federal contractor and experience discrimination, your path to accountability just got narrower. You would need to file with the EEOC or pursue a private lawsuit.
Your FMLA Rights Have Not Changed
This is the most critical point in this article: the FMLA is still the law. Budget cuts do not repeal statutes. Your employer is still legally required to provide up to 12 weeks of unpaid, job-protected leave for qualifying reasons under 29 U.S.C. section 2612. They still cannot retaliate against you for taking leave under 29 U.S.C. section 2615. They still must restore you to the same or an equivalent position under 29 U.S.C. section 2614.
What has changed is the enforcement side. Think of it like traffic laws: speeding is still illegal even if there are fewer police officers on the highway. The law is the same. The risk of getting caught is lower for the person breaking it.
Some employers may take the reduced enforcement as a signal that they can get away with violations. That is a calculated risk on their part, and it is wrong. The penalties for FMLA violations are the same as they have always been: back pay, benefits, liquidated damages, reinstatement, and attorneys' fees under 29 U.S.C. section 2617.
You Can Sue Your Employer Without Filing a DOL Complaint
Here is something many workers do not know: you do not need to file a complaint with the Department of Labor before suing your employer for FMLA violations. Under 29 U.S.C. section 2617(a), you can go directly to federal or state court.
This is a major difference between the FMLA and other employment laws. If you have a discrimination claim under Title VII of the Civil Rights Act, you generally must file a charge with the Equal Employment Opportunity Commission (EEOC) and wait for a right-to-sue letter before you can go to court. The FMLA has no such requirement. You can file your lawsuit directly.
This matters more than ever right now. With WHD losing a third of its investigators, waiting for the government to investigate your complaint is a gamble. Going directly to court through a private attorney may be faster, more effective, and more likely to result in full compensation.
Many employment attorneys handle FMLA cases on a contingency basis, which means you do not pay upfront. The attorney gets paid only if you win. And if you win, the employer must pay your attorneys' fees under 29 U.S.C. section 2617(a)(3). This fee-shifting provision was designed to make it practical for workers to enforce their own rights, and it is exactly the kind of tool that matters when government enforcement is weak.
State Laws That Fill the Gap
No state enforces federal FMLA. Only the federal Wage and Hour Division does that. But many states have their own leave laws that provide separate protections with their own enforcement agencies.
Currently, 14 states plus Washington, D.C. have paid family and medical leave programs. These programs are funded by payroll contributions and administered by state agencies. They provide paid benefits (unlike federal FMLA, which only guarantees unpaid leave), and they have their own complaint and enforcement processes that are completely independent of the federal DOL.
If you live in one of these states, the DOGE cuts to the federal DOL do not affect your state-level benefits or enforcement:
- California, New York, New Jersey, Rhode Island, Hawaii have had programs in place for years
- Washington, Massachusetts, Connecticut, Oregon, Colorado launched more recent programs
- Delaware, Maine, Minnesota, Maryland have programs phasing in or recently enacted
- Washington, D.C. operates its own paid leave program
Similarly, 22 states run their own OSHA-approved workplace safety programs. If your state runs its own OSHA plan, federal OSHA cuts do not directly affect your workplace safety enforcement.
Check our state-by-state guide to see what protections are available where you live.
How to Protect Yourself Right Now
With federal enforcement weakened, your own documentation becomes even more important. Here is what you should be doing right now, whether you are currently on leave, planning to request leave, or just want to be prepared.
Every leave request, every conversation with HR, every denial or approval should be documented in writing. If a conversation happens verbally, follow up with an email summarizing what was said. "Per our conversation today, you confirmed that my FMLA leave is approved starting [date]." This creates a record that is hard to dispute later. Read our guide on why documentation matters more than trusting HR.
Do not rely solely on your work email or company systems. Forward important documents to a personal email address. Save copies of your FMLA certification, leave approval letters, performance reviews, and any communications about your leave to a personal device or cloud account. If you are fired, you may lose access to your work accounts immediately.
Read our FMLA overview so you understand what you are entitled to before a crisis hits. Know the eligibility requirements (12 months of employment, 1,250 hours worked, employer with 50+ employees within 75 miles). Know that you are entitled to 12 weeks of leave per 12-month period for qualifying reasons.
Your state may have its own paid leave law, its own anti-retaliation protections, or its own OSHA plan. These state-level protections are not affected by federal DOGE cuts. Check your state's leave laws to understand the full picture.
If you suspect your employer is violating your rights, do not wait for the government to help. Contact an employment attorney. Many offer free initial consultations and handle FMLA cases on contingency (no fees unless you win). An attorney can advise you on whether to file a DOL complaint, go directly to court, or both.
The Fight to Restore Enforcement
Not everyone agrees that gutting labor enforcement is good policy. The NIOSH reinstatement story shows that pushback can work.
The AFL-CIO has been running a sustained campaign to reverse DOL cuts, including NIOSH reinstatements, OSHA office closures, and WHD staffing. Labor unions have filed lawsuits challenging DOGE's access to DOL systems and data. Congressional leaders from both parties have pushed back on specific cuts.
Senator Capito's intervention on NIOSH is a notable example because it came from a Republican. Her argument was practical: NIOSH's research protects miners, construction workers, and first responders in her state. Eliminating it did not save money; it shifted costs to workers and their families.
The 18 OSHA office closures that were initially planned were also reversed after public and political pressure. This shows that these decisions are not final. Advocacy and public attention can change outcomes.
But the WHD investigator cuts and the OFCCP elimination remain in place. For workers whose rights are being violated right now, the fight to restore enforcement is a long-term project. In the short term, you need to be prepared to enforce your own rights.
Frequently Asked Questions
No. The Family and Medical Leave Act (29 U.S.C. sections 2601-2654) is still federal law. DOGE budget cuts reduce the number of government investigators who enforce FMLA, but they do not change the legal protections themselves. You still have the right to take up to 12 weeks of job-protected leave if you are eligible.
Yes. The Wage and Hour Division still accepts FMLA complaints, and you can file one online, by phone, or in person. However, with roughly one-third fewer investigators, your complaint may take significantly longer to be investigated. You also have the option of filing a private lawsuit without waiting for the DOL.
No. Under 29 U.S.C. section 2617, you can file a private lawsuit directly in federal or state court without filing a complaint with the Department of Labor first. This is different from Title VII discrimination claims, which generally require filing with the EEOC before suing. You have two years from the violation to file suit, or three years if the violation was willful.
The FY2026 budget proposal cuts OSHA funding from $632 million to $582 million and eliminates 223 positions, roughly 12% of its workforce. While 18 OSHA offices were initially listed for closure, those closures were reversed after public pressure. However, 22 states run their own OSHA plans and are not directly affected by federal OSHA cuts.
The Office of Federal Contract Compliance Programs (OFCCP) enforced anti-discrimination rules for companies that hold federal contracts. It is being eliminated entirely in the FY2026 budget proposal. If you work for a federal contractor and experienced discrimination, you would now need to file with the EEOC or pursue a private lawsuit instead.
No state enforces federal FMLA. Only the federal Wage and Hour Division enforces the federal FMLA. However, 14 states plus Washington, D.C. have their own paid family and medical leave programs with separate enforcement agencies. If your state has its own leave law, you may have additional protections and a separate path to file complaints. Check our state-by-state guide for details.
Document everything in writing: leave requests, approvals, doctor certifications, and any negative treatment from your employer. Keep copies at home, not just on work devices. If your employer violates your FMLA rights, you can file a private lawsuit directly in court without relying on DOL enforcement. Consult an employment attorney, as many handle FMLA cases on contingency (no fees unless you win).
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