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Employment laws health and safety and labor relations

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. Rulemaking and Regulations provides brief descriptions of and links to various sources of information on DOL's rulemaking activities and regulations.

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The act is administered by the Wage and Hour Division. 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.

U.S. Department of Labor

Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state programs, which also cover public sector employers. 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. Workers' Compensation If you worked for a private company or a state government, you should contact the workers' compensation program for the state in which you lived or worked. Department of Labor, Office of Workers' Compensation Programs, does not have a role in the administration or oversight of state workers' compensation programs.

The Longshore and Harbor Workers' Compensation Act LHWCAadministered by The Office of Workers Compensation Programs OWCPprovides 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 FECA, administered by 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 Employment laws health and safety and labor relations 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. 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.

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.

  • It will be recalled that earlier attempts to adopt a general freedom of association convention failed because of the insistence by employer and some government delegates that the positive right to associate must carry with it a negative right not to associate;
  • Refusal to work because of unsafe conditions Violence in the workplace;
  • Whether trade union political activity is on the offence or the defence will of course depend largely on whether the government in power tends to be pro- or anti-labour.

Employee Protection 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.

HR Policies & Employment Legislation

This includes those called up from the reserves or National Guard. 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. The Family and Medical Leave Act Administered by the Wage and Hour Divisionthe Family and Medical Leave Act 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' Preference 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.

Health and Safety

Government Contracts, Grants, or Financial Aid Recipients of government contracts, grants or financial aid are subject to wage, hour, benefits, and safety and health standards under: The Davis-Bacon Actwhich requires payment of prevailing wages and benefits to employees of contractors engaged in federal government construction projects; The McNamara-O'Hara Service Contract Actwhich sets wage rates and other labor standards for employees of contractors furnishing services to the federal government; The Walsh-Healey Public Contracts Actwhich 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 The Wage and Hour Division.

Health & Safety Legislation

The 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 Act prescribes wage protections, housing and transportation safety standards, farm labor contractor registration requirements, and disclosure requirements. The 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.

  • We can distinguish between organizational power how many internal sources of power can unions mobilize?
  • Common forms of employee involvement include suggestion schemes, attitude surveys, job enrichment schemes, teamworking and similar forms of empowerment schemes, quality of working-life programmes, quality circles and task forces;
  • The pattern is mixed with areas of membership growth in the public service in many countries around the world and with a new lease on life in places where trade unions were previously non-existent or active only under severe restrictions e;
  • Germany presents an interesting case in which the thousands of local communities have banded together to have a single bargaining agent deal with the unions in the public sector throughout the country.

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. 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. Construction Several agencies administer programs related solely to the construction industry.

OSHA has special occupational safety and health standards for construction; The Wage and Hour Divisionunder Davis-Bacon and related acts, requires payment of prevailing wages and benefits; The Office of Federal Contract Compliance Programs enforces Executive Order 11246which 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.

  1. Public employers have come to see themselves as such only relatively recently. The ease with which workers, employers and their respective organizations may enforce their legal rights can be as important as the rights themselves.
  2. It obligates the company to provide safe and healthful workplaces, obey federal and state law, provide employees with the necessary protective equipment free of charge, provide chemical safety information to the union and inform workers of the hazards and controls for toxic substances. The Act prescribes wage protections, housing and transportation safety standards, farm labor contractor registration requirements, and disclosure requirements.
  3. A committee is required to consist of both worker and management representatives. They must ensure that dangerous machines are in good working order and are safe to work with.
  4. The Act prescribes wage protections, housing and transportation safety standards, farm labor contractor registration requirements, and disclosure requirements. Whether trade union political activity is on the offence or the defence will of course depend largely on whether the government in power tends to be pro- or anti-labour.
  5. In the European Union, trade union federations have had an important impact on the development of social policy. Department of Labor, Office of Workers' Compensation Programs, does not have a role in the administration or oversight of state workers' compensation programs.

Transportation 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. 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. WARN offers employees early warning of impending layoffs or plant closings. Posters Some of the statutes and regulations enforced by the U. DOL provides free electronic and printed copies of these required posters.

  1. They cooperate on the basis of an agreement which defines their areas of responsibility as well as through good personal relations between their representatives and, to a degree, on a common membership base.
  2. Extremely low wages and thus dues there and in developing countries with government-supported unions make it difficult to build a strong independent union movement.
  3. Children employed on their families' farms are exempt from these regulations.

The elaws Poster Advisor can be used to determine which poster s employers are required to display at their place s of business. Posters, available in English and other languages, may be downloaded and printed directly from the Advisor. If you already know which poster s you are required to display, see below to download and print the appropriate poster s free of charge.