Commissioner of Labor: What HR and Employers Need to Know for Federal Labor Law Compliance

If you’re searching for “commissioner of labor,” “DOL commissioner,” or “what does the commissioner of labor do,” you’re likely trying to understand who enforces labor laws—and what that means for your business. On a federal level, the U.S. Department of Labor (DOL) is led by the Secretary of Labor (not typically called a “commissioner”), but many employers use the term “commissioner of labor” to refer to top labor enforcement officials at the state level (e.g., a state labor commissioner) or senior DOL leadership that administers workplace rules. For compliance purposes, what matters most is knowing which agency has jurisdiction, what laws they enforce, and what employers must post, pay, track, and report.

Below is a practical guide for HR professionals and business owners on how “commissioner of labor” responsibilities connect to federal labor law requirements—and how to reduce risk with straightforward compliance steps.

Commissioner of Labor vs. U.S. DOL Leadership: Why the Title Confuses Employers

Federal: DOL is led by the Secretary of Labor

At the federal level, labor enforcement is housed under the U.S. Department of Labor, led by the Secretary of Labor. Enforcement authority is carried out through DOL agencies such as:

Wage and Hour Division (WHD) (Fair Labor Standards Act enforcement)
Occupational Safety and Health Administration (OSHA) (workplace safety enforcement)
Employee Benefits Security Administration (EBSA) (ERISA and benefit plan oversight)
Office of Federal Contract Compliance Programs (OFCCP) (certain federal contractor requirements)

If someone says “DOL commissioner,” they may be referring informally to leadership at the DOL or to a state official coordinating with federal enforcement initiatives.

State: Many states have a “Labor Commissioner”

In many jurisdictions, the Commissioner of Labor is a state-level executive (or agency head) overseeing wage/hour enforcement, certain safety rules, unemployment insurance, and state-required postings. This matters because employers often must comply with both federal and state rules, and the “commissioner” title is more common at the state level.

For a broader foundation on overlapping legal requirements, see SwiftSDS’s employment legislation list.

What Does the Commissioner of Labor Do? Core Functions That Affect Employers

Whether you’re dealing with the federal DOL or a state commissioner, their role generally translates into four employer-impact areas: enforcement, investigations, worker protections, and employer education.

1. Enforce wage and hour laws (FLSA and related requirements)

A major federal compliance area is the Fair Labor Standards Act (FLSA), enforced by the DOL’s Wage and Hour Division. Employers must comply with requirements around:

Minimum wage and overtime (including correct exempt vs. nonexempt classification)
Child labor restrictions
Recordkeeping requirements for hours worked and wages paid

A practical compliance step: confirm you have the correct required workplace notice(s) posted. For federal FLSA posting, review and maintain the current DOL notice such as Employee Rights Under the Fair Labor Standards Act, and if you have Spanish-speaking workers, consider Derechos de los Trabajadores Bajo la Ley de Normas Justas de Trabajo (FLSA). Public sector and agriculture employers may also need versions tailored to those sectors, such as Employee Rights Under the FLSA – State and Local Government or Employee Rights Under the FLSA – Agriculture.

Related worker protections are summarized in SwiftSDS’s guide to 5 rights of workers.

2. Drive workplace safety expectations (OSHA and training programs)

Although “commissioner of labor” may sound like a safety role, safety enforcement federally is handled primarily by OSHA. In practice, labor agencies commonly:

Promote compliance education (hazard communication, training, recordkeeping)
Respond to complaints and conduct inspections (federal OSHA or state-plan OSHA)
Encourage injury/illness recordkeeping and hazard abatement

For HR teams with high-noise environments, OSHA’s hearing conservation rules can trigger testing obligations; SwiftSDS covers this in audiometric testing monitors an employees hearing.

3. Support equal employment opportunity and anti-discrimination compliance

Equal employment rules are enforced by multiple agencies (EEOC is primary federally), but labor departments often coordinate initiatives, data, and outreach. Employers should align hiring, accommodation, and documentation practices with federal requirements such as:

Americans with Disabilities Act (ADA) (reasonable accommodations, interactive process)
Title VII and related nondiscrimination obligations (EEOC-administered)
State fair employment agencies (varies)

SwiftSDS resources that help HR teams operationalize these requirements include ada hr and ada forms for employers. For EEO context and purpose, see as it pertains to employment opportunity the eeo strives to.

4. Administer investigations, audits, and complaint processes

When employees file wage claims, retaliation complaints, or safety complaints, labor agencies can:

Request payroll records and timekeeping data
Interview employees and managers
Assess back wages, penalties, and other remedies
Refer matters for litigation in serious cases

Actionable step: create an internal “agency response” protocol—who receives notices, who gathers records, and who communicates with investigators—to reduce disruption and ensure consistent responses.

Compliance Checklist: How to Reduce Risk When Labor Agencies Enforce the Rules

Below are practical steps HR and business owners can implement to stay aligned with the types of requirements a commissioner of labor (or DOL enforcement arm) focuses on:

Maintain required postings (federal + state)

Posters are a frequent “easy win” for agencies because they’re visible and easy to verify. At minimum:

Keep federal FLSA postings current (use the applicable DOL version for your workforce/industry)
Add state-specific postings required where employees work

If you operate in Massachusetts, for example, labor and employment postings can include items like Massachusetts Wage & Hour Laws, Fair Employment in Massachusetts, and safety/leave notices such as Massachusetts Workplace Safety and Health Protection for Public Employees or Notice: Parental Leave in Massachusetts.

For state-by-state requirements, start with jurisdiction guidance such as California employment laws (especially useful if you have remote workers or multi-state operations).

Verify pay practices and classification decisions

Key risk areas that trigger wage investigations:

Exempt/nonexempt classification errors (overtime exposure)
Off-the-clock work (meal/rest break practices, pre/post-shift tasks)
Independent contractor misclassification (state rules vary and can be stricter than federal)

If you rely on contractors, align leave eligibility and classification practices with federal standards; see are contractors eligible for fmla for related FMLA considerations.

Document policies and train supervisors

Agencies often assess not only what your policy says, but how it’s implemented. Consider:

A written timekeeping policy (rounding rules, meal periods, approval process)
A complaint-retaliation prevention protocol (who receives complaints; escalation path)
Supervisor training to avoid “informal” practices that violate pay rules

For a broader compliance framing, SwiftSDS’s business regulations department article can help connect labor requirements to other employer obligations.

State vs. Federal Enforcement: How to Know Who Has Jurisdiction

A “commissioner of labor” is frequently a state official, but the federal DOL can still have authority depending on:

Whether your business is covered by the FLSA (most are, through enterprise or individual coverage)
The issue type (e.g., OSHA safety rules are federal/state-plan OSHA; discrimination is typically EEOC/state FEPA)
Work location (remote employees may trigger multiple state poster and wage rules)

Operationally, multi-state employers should maintain a compliance map by worksite location—especially for postings and wage/hour variations.

FAQ

Is there a “DOL commissioner” at the federal level?

The U.S. Department of Labor is led by the Secretary of Labor. The term “DOL commissioner” is often used informally or confused with state labor commissioners. For compliance, focus on the enforcing division (e.g., WHD for FLSA, OSHA for safety).

What does the commissioner of labor do for wage complaints?

Typically, the labor agency (state labor department or federal WHD) can investigate wage claims, request payroll/time records, interview staff, and seek remedies such as back pay, liquidated damages (in some federal cases), and civil penalties depending on the violation.

What’s one fast compliance improvement to reduce labor enforcement risk?

Ensure your required labor law posters are current and correctly displayed for every location and workforce segment. Start with the federal FLSA posting—Employee Rights Under the Fair Labor Standards Act—then layer in state postings based on where employees actually work.

If you’re building a complete compliance program, use SwiftSDS’s employment legislation list to identify which federal laws apply to your workforce, then cross-check state obligations (especially for remote employees) using the relevant jurisdiction pages.

Commissioner of labor