On July 24, 2025, the United States Department of Labor (the “Department”) issued a news release, announcing the launch of self-audit programs “to help [the] regulated community strengthen compliance with federal labor laws.”
Below, KingSpry’s Employment Law Chair, Avery E. Smith, shares her key takeaways from the Department’s latest announcement and the various self-audit programs.
Key Takeaways
The Department announced the implementation of several self-audit programs designed to assist employers, unions, and benefit plan officials in voluntarily assessing and improving their compliance with federal labor laws. The news release indicates that these programs intend “to enhance worker protections while reducing the likelihood of formal investigation or litigation.”
The following agencies will offer self-audit programs:
Employee Benefits Security Administration (EBSA)
EBSA offers two (2) self-correction programs for fiduciaries and benefit plan administrators:
- The Voluntary Fiduciary Correction Program. This program allows plan officials to correct violations of the Employee Retirement Income Security Act (ERISA) and avoid excise taxes for prohibited transactions.
- The Delinquent Filer Compliance Program. This program encourages compliance with ERISA’s annual reporting requirements by allowing plan administrators to avoid paying higher civil penalty assessments if they (1) satisfy the program’s requirements and (2) voluntarily pay a reduced penalty.
Mine Safety and Health Administration (MSHA)
MSHA released a new Compliance Assistance in Safety and Health Program, the “Cash Program.” This program was created in “response to the anticipated surge in U.S. domestic mining productivity,” as discussed in President Trump’s Executive Order 14154, “Unleashing American Energy.” Practically, the Cash Program provides various tools and resources related to mining operations to assist mining operation officials with maintaining their health and safety goals.
Occupational Safety and Health Administration (OSHA)
OSHA is expanding its existing Voluntary Protection Programs to assist businesses in developing “strong safety programs and lower injury rates.” Program participants will now be able “to undergo regular self-evaluations and avoid routine inspections.”
OSHA will also encourage voluntary compliance through its existing On-Site Consultation Program, which has provided free safety- and health-related services to small and midsize businesses since 1975.
Office of Labor-Management Standards (OLMS)
OLMS will be assisting labor unions in assessing their compliance with the Labor-Management Reporting and Disclosure Act (LMRDA) through its Voluntary Compliance Partnership Program. Under this program, OLMS will work with both international and national labor unions to assist their local and affiliate groups in complying with the LMRDA.
Veterans’ Employment and Training Service (VETS)
VETS launcheda new program, Support and Assistance for Leaders in USERRA Training and Employment (SALUTE). Under this program, employers may request technical assistance “to proactively address and resolve any USERRA issues that may arise.” Practically, SALUTE will allow employers to voluntarily assess whether their policies and practices are compliant with the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Wage and Hour Division (WHD)
Lastly, WHD is relaunching its Payroll Audit Independent Determination Program. This program will allow employers to voluntarily identify and resolve pay- and leave-related violations under the Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA).
KingSpry’s Employment Law Team understands that compliance is only the beginning and is a trusted resource for providing cogent, common-sense employment law advice, counsel, and representation. Whether your company requires a handbook review, employee investigation, representation in court, or advice on a new trend, KingSpry can help. If your company has questions regarding its employment practices and/or the Department’s various self-audit programs, KingSpry’s Employment Law team is prepared to assist you.
