DOL Solicitor of Labor provides enforcement advice

SOL issues ‘The Big, the Bad and the Ugly’ enforcement memo 

On February 26, 2026, Department of Labor (DOL) Solicitor of Labor Jonathan Berry issued an enforcement memo to DOL associate and regional solicitors in which he states that the Office of the Solicitor must focus on the most significant offenders: the Big, the Bad, and the Ugly.

For the “Big,” the DOL will focus on enforcement that implicates significant numbers of workers and will “give greater scrutiny to employers whose market power permits them to dominate their respective labor markets in ways that facilitate employment-law violations.

” The “Bad” refers to willful and repeat offenders that have “demonstrated their refusal to comply with the law and therefore deserve more attention.” 

For the “Ugly,” breaches of solemn trust by those obligated to put others before themselves “like ERISA fiduciaries and union officials” merit great scrutiny. 

The memo states that most employers want partnership and not conflict, so the DOL will offer “robust compliance assistance” to both employers and workers. In addition, under this administration, it will “disfavor” pursuing enforcement in workplaces covered by collective bargaining agreements that “provide adequate and regularly implemented remedies” because unions are better situated to evaluate and rectify harms to workers. The memo also indicates it won’t limit use of  arbitration agreements.