Published
August 11, 2025
The Department of Labor has rolled out opportunities for those covered by their regulations to review their operations and identify areas of noncompliance with the goal of bringing those parties into compliance and preserving DOL enforcement resources for egregious or willful cases. The agencies that now have self-audit options include OSHA, Wage and Hour, Employee Benefit Security Administration, and the Office of Labor-Management Standards. Most of these involve employers complying with regulations, but the OLMS monitors union disclosure requirements.
Allowing employers and unions to determine where they have fallen short and commit to making the necessary changes relieves the DOL of having to expend enforcement resources, and also gets remedies in place and abatements done much more quickly than through traditional enforcement methods, which often end up in lengthy and costly legal challenges. “Self-audits are one of the most effective ways to build a culture of compliance and trust,” said Deputy Secretary of Labor Keith Sonderling. “These programs are designed to give employers, unions, and benefit plan officials the tools they need to correct potential violations proactively. By empowering the regulated community with clarity and collaboration, we are continuing to fulfill the Department of Labor’s mission to put both workers and employers first.” Below are details on the self-audit programs for specific agencies:
- Employee Benefits Security Administration: EBSA offers two key self-correction programs for fiduciaries and benefits plan administrators: the Voluntary Fiduciary Correction Program, which encourages employers and plan officials to voluntarily correct violations of the Employee Retirement Income Security Act, and the Delinquent Filer Voluntary Compliance Program, which encourages voluntary compliance with ERISA’s annual reporting requirements and offers incentives to late filers, including paying lower penalties.
- Occupational Safety and Health Administration: OSHA is expanding its Voluntary Protection Programs to meet businesses where they are on their safety journey to help develop strong safety programs and lower injury rates, allowing them to undergo regular self-evaluations and avoid routine inspections. OSHA is increasing its efforts to support voluntary compliance through its On-Site Consultation Program, which offers no-cost and confidential safety and health services to small and medium-sized businesses.
- Office of Labor-Management Standards: OLMS administers the Voluntary Compliance Partnership program to help unions assess their compliance with the Labor-Management Reporting and Disclosure Act. The program focuses on key areas such as reporting and disclosure requirements, as well as financial integrity.
- Wage and Hour Division: The Wage and Hour Division is restarting the Payroll Audit Independent Determination program to enable employers to self-identify and resolve minimum wage, overtime, and leave violations under the Fair Labor Standards Act and Family and Medical Leave Act.
About the author
Marc Freedman
Marc Freedman is vice president of workplace policy at the U.S. Chamber of Commerce. He develops and advocates the Chamber’s response to OSHA matters; FLSA issues such as overtime, minimum wage, and independent contractors; paid leave issues; EEOC, and other labor and workplace issues.
