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The Department of Labor (DOL) administers and enforces more than 180 federal laws. These mandates and the regulations
that implement them cover many workplace activities for about 10 million employers and 125 million workers.
Following is a brief description of many of DOL's principal statutes most commonly applicable to businesses, job seekers,
workers, retirees, contractors and grantees. This brief summary is intended to acquaint you with the major labor laws and
not to offer a detailed exposition. For authoritative information and references to fuller descriptions on these laws, you
should consult the statutes and regulations themselves.
Employment Laws Assistance provides a list of selected U.S. Department of Labor laws and regulations with links to related compliance assistance activities.
The DOL compliance assistance Web site offers complete information on how to comply with federal employment laws.
Rulemaking and Regulations provides brief descriptions of and links to various sources of information on DOL's rulemaking activities and regulations.
The Fair Labor Standards Act (FLSA) prescribes standards for wages and overtime pay, which affect most
private and public employment. The act is administered by the Wage and Hour Division of the Employment Standards Administration (ESA). It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime
pay of one-and-one-half-times the regular rate of pay. For nonagricultural operations, it restricts the hours that children
under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous. For agricultural
operations, it prohibits the employment of children under age 16 during school hours and in certain jobs deemed too dangerous.
The Wage and Hour Division also enforces the labor standards provisions of the Immigration and Nationality Act (INA)
that apply to aliens authorized to work in the U.S. under certain nonimmigrant visa programs (H-1B, H-1B1, H-1C, H2A).
The Occupational Safety and Health (OSH) Act is administered by the Occupational Safety and Health Administration (OSHA). Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state programs, which also
cover public sector employers. Employers covered by the OSH Act must comply with the regulations and the safety and health
standards promulgated by OSHA. Employers also have a general duty under the OSH Act to provide their employees with work and
a workplace free from recognized, serious hazards. OSHA enforces the Act through workplace inspections and investigations.
Compliance assistance and other cooperative programs are also available.
The Longshore and Harbor Workers' Compensation Act (LHWCA), administered by ESA's Office of Workers Compensation Programs (OWCP), provides for compensation and medical care to certain maritime employees (including a longshore worker or other person in
longshore operations, and any harbor worker, including a ship repairer, shipbuilder, and shipbreaker) and to qualified dependent
survivors of such employees who are disabled or die due to injuries that occur on the navigable waters of the United States,
or in adjoining areas customarily used in loading, unloading, repairing or building a vessel.
The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) is a compensation program that provides
a lump-sum payment of $150,000 and prospective medical benefits to employees (or certain of their survivors) of the Department
of Energy and its contractors and subcontractors as a result of cancer caused by exposure to radiation, or certain illnesses
caused by exposure to beryllium or silica incurred in the performance of duty, as well as for payment of a lump-sum of $50,000
and prospective medical benefits to individuals (or certain of their survivors) determined by the Department of Justice to
be eligible for compensation as uranium workers under section 5 of the Radiation Exposure Compensation Act (RECA).
The Federal Employees' Compensation Act (FECA), 5 U.S.C. 8101 et seq., establishes a comprehensive and exclusive
workers' compensation program which pays compensation for the disability or death of a federal employee resulting from personal
injury sustained while in the performance of duty. The FECA, administered by ESA's OWCP, provides benefits for wage loss compensation
for total or partial disability, schedule awards for permanent loss or loss of use of specified members of the body, related
medical costs, and vocational rehabilitation.
The Black Lung Benefits Act (BLBA) provides monthly cash payments and medical benefits to coal miners totally disabled
from pneumoconiosis ("black lung disease") arising from their employment in the nation's coal mines. The statute also provides
monthly benefits to a deceased miner's survivors if the miner's death was due to black lung disease.
The Employee Retirement Income Security Act (ERISA) regulates employers who offer pension or welfare
benefit plans for their employees. Title I of ERISA is administered by the Employee Benefits Security Administration (EBSA) (formerly the Pension and Welfare Benefits Administration) and imposes a wide range of fiduciary, disclosure and reporting
requirements on fiduciaries of pension and welfare benefit plans and on others having dealings with these plans. These provisions
preempt many similar state laws. Under Title IV, certain employers and plan administrators must fund an insurance system to
protect certain kinds of retirement benefits, with premiums paid to the federal government's Pension Benefit Guaranty Corporation (PBGC). EBSA also administers reporting requirements for continuation of health-care provisions, required under the Comprehensive
Omnibus Budget Reconciliation Act of 1985 (COBRA) and the health care portability requirements on group plans under the
Health Insurance Portability and Accountability Act (HIPAA).
The Labor-Management Reporting and Disclosure Act (LMRDA) of 1959 (also known as the Landrum-Griffin
Act) deals with the relationship between a union and its members. It protects union funds and promotes union democracy by
requiring labor organizations to file annual financial reports, by requiring union officials, employers, and labor consultants
to file reports regarding certain labor relations practices, and by establishing standards for the election of union officers.
The act is administered by the Office of Labor-Management Standards (OLMS), which is part of ESA.
Most labor and public safety laws and many environmental laws mandate whistleblower protections for employees
who complain about violations of the law by their employers. Remedies can include job reinstatement and payment of back wages.
OSHA enforces the whistleblower protections in most laws.
Certain persons who serve in the armed forces have a right to reemployment with the employer they were with
when they entered service. This includes those called up from the reserves or National Guard. These rights are administered
by the Veterans' Employment and Training Service (VETS).
This law bars most employers from using lie detectors on employees, but permits polygraph tests only in limited circumstances.
It is administered by the Wage and Hour Division.
Garnishment of employee wages by employers is regulated under the Consumer Credit Protection Act (CPCA) which is
administered by the Wage and Hour Division.
Administered by the Wage and Hour Division, the (FMLA) requires employers of 50 or more employees to
give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious
illness of the employee or a spouse, child or parent.
Veterans and other eligible persons have special employment rights with the federal government. They are provided preference
in initial hiring and protection in reductions in force. Claims of violation of these rights are investigated by the Veterans' Employment and Training Service (VETS).
Recipients of government contracts, grants or financial aid are subject to wage, hour, benefits, and safety
and health standards under:
- The Davis-Bacon Act, which requires payment of prevailing wages and benefits to employees of contractors engaged
in federal government construction projects;
- The McNamara-O'Hara Service Contract Act, which sets wage rates and other labor standards for employees of contractors
furnishing services to the federal government;
- The Walsh-Healey Public Contracts Act, which requires payment of minimum wages and other labor standards by contractors
providing materials and supplies to the federal government.
Administration and enforcement of these laws are by ESA's Wage and Hour Division. ESA's Office of Federal Contract Compliance Programs (OFCCP) administers and enforces three federal contract-based civil rights laws that require most federal contractors and subcontractors,
as well as federally assisted construction contractors, to provide equal employment opportunity. The Office of the Assistant Secretary for Administration and Management's (OASAM) Civil Rights Center administers and enforces several federal assistance based civil rights laws requiring recipients of federal financial assistance
from Department of Labor to provide equal opportunity.
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) regulates the hiring and employment
activities of agricultural employers, farm labor contractors, and associations using migrant and seasonal agricultural workers.
The Act prescribes wage protections, housing and transportation safety standards, farm labor contractor registration requirements,
and disclosure requirements. ESA's Wage and Hour Division administers this law.
The Fair Labor Standards Act (FLSA) exempts agricultural workers from overtime premium pay, but requires
the payment of the minimum wage to workers employed on larger farms (farms employing more than approximately seven full-time
workers. The Act has special child-labor regulations that apply to agricultural employment; children under 16 are forbidden
to work during school hours and in certain jobs deemed too dangerous. Children employed on their families' farms are exempt
from these regulations. ESA's Wage and Hour Division administers this law. OSHA also has special safety and health standards that may apply to agricultural operations.
The Immigration and Nationality Act (INA) requires employers who want to use foreign temporary workers
on H-2A visas to get a labor certificate from the Employment and Training Administration certifying that there are not sufficient, able, willing and qualified U.S. workers available to do the work. The labor standards
protections of the H-2A program are enforced by ESA's Wage and Hour Division.
The Federal Mine Safety and Health Act of 1977 (Mine Act) covers all people who work on mine property.
The Mine Safety and Health Administration (MSHA) administers this Act.
The Mine Act holds mine operators responsible for the safety and health of miners; provides for the setting
of mandatory safety and health standards, mandates miners' training requirements; prescribes penalties for violations; and
enables inspectors to close dangerous mines. The safety and health standards address numerous hazards including roof falls,
flammable and explosive gases, fire, electricity, equipment rollovers and maintenance, airborne contaminants, noise, and respirable
dust. MSHA enforces safety and health requirements at more than 13,000 mines, investigates mine accidents, and offers mine
operators training, technical and compliance assistance.
Several agencies administer programs related solely to the construction industry. OSHA has special occupational
safety and health standards for construction; ESA's Wage and Hour Division, under Davis-Bacon and related acts, requires payment of prevailing wages and benefits; ESA's Office of Federal Contract Compliance Programs enforces Executive Order 11246, which requires federal construction contractors and subcontractors, as well as federally
assisted construction contractors, to provide equal employment opportunity; the anti-kickback section of the Copeland Act
precludes a federal contractor from inducing any employee to sacrifice any part of the compensation required.
Most laws with labor provisions regulating the transportation industry are administered by agencies outside
the Department of Labor. However, longshoring and maritime industry safety and health standards are issued and enforced by
OSHA. The Longshoring and Harbor Workers' Compensation Act (LHWCA), administered by ESA, requires employers to assure that workers' compensation is funded and available to eligible employees. In addition, the
rights of employees in the mass transit industry are protected when federal funds are used to acquire, improve, or operate
a transit system. Under the Federal Transit law, the Department of Labor is responsible for approving employee protection
arrangements before the department of Transportation can release funds to grantees.
Such occurrences may be subject to the Worker Adjustment and Retraining Notification Act (WARN). WARN offers employees
early warning of impending layoffs or plant closings. The Employment and Training Administration (ETA) provides information to the public on WARN, though neither ETA nor the Department of Labor has administrative responsibility
for the statute, which is enforced through private action in the federal courts.
For more details and guidance on laws and regulations covered in this fact sheet, call the appropriate Department
of Labor agency listed in your phone book under U.S. Government.
Other federal agencies besides the Department of Labor enforce laws and regulations that affect employers.
For more information on these laws, consult these agencies; they are listed in your phone book under U.S. Government.