Labor LawEstablishes the Rights and Duties of Employees, Unions, and Employers in the United States. The basic objective of labor law is to remedy the inequality of bargaining power between employees and employers, especially employers organized in corporate partnership or other forms of homeowners' association. An official website of the United States government.
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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 activities in the workplace for about 150 million workers and 10 million workplaces. The following is a brief description of many of the main DOL statutes most commonly applicable to businesses, job applicants, workers, retirees, contractors and concessionaires. This brief summary is intended to familiarize you with the main labor laws and not to provide a detailed exposition.
For reliable information and references to more complete descriptions of these laws, you should refer to the statutes and regulations themselves. The Fair Labor Standards Act prescribes standards for wages and overtime pay, which affect most public and private jobs. The law is administered by the Division of Wages and Hours. Requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay at one and a half times the regular rate of pay.
For non-farm operations, it restricts the hours that children under the age of 16 can work and prohibits the employment of children under 18 in certain jobs considered too hazardous. For agricultural operations, it prohibits the employment of children under the age of 16 during school hours and in certain jobs considered too hazardous. The Division of Wages and Hours also enforces the provisions of the labor standards of the Immigration and Nationality Act that apply to aliens authorized to work in the U.S. UU.
Under certain nonimmigrant visa programs (H-1B, H-1B1, H-1C, H2A). The Occupational Safety and Health Act (OSH) is administered by the Occupational Safety and Health Administration (OSHA). Safety and health conditions in most private industries are regulated by state programs approved by OSHA or OSHA, which also cover public sector employers. Employers covered by the OSH Act must comply with OSHA health and safety regulations and standards.
Employers also have a general obligation under the OSH Act to provide their employees with work and a workplace free from recognized serious hazards. OSHA Enforces Law Through Workplace Inspections and Investigations. Compliance assistance programs and other cooperative programs are also available. If you worked for a private company or state government, you should contact the workers' compensation program of the state where you lived or worked.
The Department of Labor's Office of Workers' Compensation Programs does not have a role in the administration or oversight of state workers' compensation programs. The Dockworkers and Dockers Compensation Act, administered by the Office of Workers' Compensation Programs (OWCP), provides compensation and medical care to certain maritime employees (including a dockworker or other person in port operations), and any dock worker, including a repairman shipbuilder and ship dismantler) and qualified dependent survivors of such employees who are disabled or die due to injuries that occur in navigable waters of the United States, or in adjacent areas that are commonly used to load, unload, repair, or build a vessel. The Federal Employee Compensation Act (FECA), 5 U, S, C. FECA, administered by OWCP, provides benefits for compensation for loss of wages due to total or partial disability, programs awards for permanent loss or loss of use of specific body members, related medical costs and vocational rehabilitation.
The Black Lung Benefits Act provides monthly cash payments and medical benefits to coal miners who are totally disabled by pneumoconiosis (black lung disease) arising from their employment in the country's coal mines. The statute also provides monthly benefits to survivors of a deceased miner if the miner's death was due to black lung disease. The Employee Retirement Income Security Act (ERISA) regulates employers who offer pension plans or welfare benefits. Title I of ERISA is administered by the Employee Benefit Security Administration (EBSA) and imposes a wide range of fiduciary, disclosure and reporting requirements on pension and benefit plan trustees and others who have relationships 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 types of retirement benefits, with premiums paid to the federal government Pension Benefit Guarantee Corporation. EBSA also administers reporting requirements for the continuation of health care provisions, mandated by the Comprehensive Budget Reconciliation Act of 1985 (COBRA) and health care portability requirements in group plans under the Insurance Portability and Accountability Act Physician (HIPAA). The Labor Administration Reporting and Disclosure Act 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 submit annual financial reports, by requiring union officials, employers and labor consultants to report on certain labor relations practices, and by establishing standards for the election of union leaders. The law is administered by the Bureau of Labor and Management Standards. Most labor and public safety laws and many environmental laws require whistleblower protection for employees who complain of violations of the law by their employers. Remedies may include returning to work and paying back wages.
OSHA applies whistleblower protections in most laws. Certain individuals who serve in the military have the right to return to work with the employer they were with when they entered the service. This includes those summoned from the reserve or the National Guard. These rights are administered by the Veterans Employment and Training Service.
This law prohibits most employers from using lie detectors on employees, but allows polygraph tests only in limited circumstances. It is managed by the Wage and Hour Division. Garnishment of employee wages by employers is regulated by the Consumer Credit Protection Act, which is administered by the Division of Wages. Administered by the Division of Wages and Hours, the Family and Medical Leave Act (FMLA) requires employers of 50 or more employees to waive 12 weeks of unpaid and work-protected leave to eligible employees because of the birth or adoption of a child or because of the employee's serious illness or a spouse, child the priest.
Veterans and other eligible individuals have special labor rights in the federal government. They are given preference in initial recruitment and protection in current reductions. Allegations of violation of these rights are investigated by the Veterans Employment and Training Service. Administration and enforcement of these laws is the responsibility of the Wage and Hour Division.
The Office of Federal Contract Compliance Programs administers and enforces three contract-based federal civil rights laws that require most federal contractors and subcontractors, as well as federally assisted construction contractors, to provide equal employment opportunity. The Civil Rights Center in the Office of the Assistant Secretary for Administration and Management administers and enforces several federal assistance-based civil rights laws that require recipients of federal financial assistance from the Department of Labor to provide equal opportunity. The Migrant and Seasonal Agricultural Worker Protection Act regulates the hiring and employment activities of agricultural employers, agricultural labor contractors and associations using migrant and seasonal farmworkers. The Act prescribes wage protections, housing and transportation safety regulations, agricultural labor contractor registration requirements, and disclosure requirements.
The Division of Wages and Hours administers this law. The Fair Labor Standards Act (FLSA) exempts farmworkers from paying overtime premiums, but requires workers employed on larger farms (farms employing more than approximately seven full-time workers) to pay the minimum wage. The Act contains special rules on child labor that apply to agricultural employment; children under 16 are prohibited from working during school hours and in certain jobs that are considered too hazardous. Children employed on their family's farms are exempt from these regulations.
OSHA also has special safety and health standards that can apply to agricultural operations. The Immigration and Nationality Act requires employers who want to use temporary foreign workers on H-2A visas to obtain a labor certificate from the Employment and Training Administration certifying that there are not enough, capable, willing and qualified U, S. Workers Available to Do the Work. Labor standards protections in the H-2A program are enforced by The Wage and Hour Division.
The Federal Mine Safety and Health Act of 1977 (Mine Act) covers everyone who works on mining properties. The Mine Safety and Health Administration (MSHA) administers this Act. The Mines Act holds mining operators accountable for the safety and health of miners; provides for the establishment of mandatory safety and health standards, mandates training requirements for miners; prescribes penalties for violations; and allows inspectors to close dangerous mines. Health and safety regulations address numerous hazards, including falling roofs, flammable and explosive gases, fire, electricity, rollover and equipment maintenance, air pollutants, noise and respirable dust.
MSHA enforces safety and health requirements at nearly 13,000 mines, investigates mine accidents, and provides training, technical assistance and compliance assistance for mining operators. Several agencies administer programs related only to the construction industry. OSHA has occupational safety and health standards for construction; the Division of Wages and Hours, according to Davis-Bacon and related laws, requires payment of current wages and benefits; the 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-bribery section of the Copeland Act prevents a federal contractor from inducing any employee to sacrifice any part of the required compensation. Most laws with labor provisions that regulate the transportation industry are administered by agencies outside the Department of Labor.
However, the safety and health standards of the marine and stevedoring industry are issued and enforced by OSHA. The Dockworkers and Longshoremen Compensation Act requires employers to ensure that workers' compensation is funded and available to eligible employees. In addition, the rights of employees in the public transportation industry are protected when federal funds are used to purchase, upgrade, or operate a transportation system. Under the Federal Traffic Act, the Department of Labor is responsible for approving employee protection agreements before the Department of Transportation can release funds to concessionaires.
Such events may be subject to the Worker Adjustment and Retraining Notification Act (WARN). WARN Offers Employees Early Warning of Impending Layoffs or Plant Closures. The Employment and Training Administration (ETA) provides information to the public about WARN, although neither ETA nor the Department of Labor has administrative responsibility for the statute, which is enforced through private actions in federal courts. The elaws poster advisor can be used to determine which poster (s) employers should display at their place (s) of business.
Posters, available in English and other languages, can be downloaded and printed directly from the Advisor. If you already know which poster (s) to display, see below to download and print the corresponding posters for free. The purpose of labor laws is to equalize bargaining power between employers and employees. The laws mainly deal with the relationship between employers and unions.
Labor laws give employees the right to unionize and allow employers and employees to participate in certain activities (for example,. strikes, pickets, requests for precautionary measures, lockouts) to ensure that their demands are met. Labor laws act as mediators between government, organizations and employers, workers and unions. They establish the rights and responsibilities of employees in a variety of work environments and can demand everything from safety and health in the workplace to workers' compensation.
The United States does not give employers vacation time, nor is it guaranteed payment for its 10 holidays, according to the U.S. CREATION OF A JOINT COMMITTEE TO STUDY AND REPORT ON BASIC ISSUES AFFECTING FRIENDLY WORKING RELATIONSHIPS AND PRODUCTIVITY. Strictly prohibits courts from violating workers' right to strike, organizing through a union, helping another person involved in a labor dispute, picketing peacefully, and assembling peacefully. For this reason, many companies hire certified professionals through OSHA and understand how to implement federal and state labor laws.
For those who want to develop their knowledge of labor laws and the safety industry, an excellent option is to explore the Master of Science in Safety, Safety and Emergency Management in line with concentration in Occupational Safety from Eastern Kentucky University. In 1935, Congress passed the National Labor Relations Act (“NLRA”), making it clear that the policy of the United States is to encourage collective bargaining while protecting the full freedom of association of workers. If, following the preponderance of the testimony taken, the Board does not believe that the person named in the complaint has participated or is participating in any of these unfair labor practices, the Board will declare its findings of fact and issue an order dismissing the complaint. The term industry affecting trade means any industry or activity in commerce, or in which a labor dispute could hinder or obstruct trade or tend to overload or obstruct trade or the free movement of trade.
The NLRA was amended by the Labor Management Relations Act (Taft-Hartley) in 1947 and the Labor Administration Information and Disclosure Act (Landrum-Griffen) in 1959. Passed in 1935, this labor law, more than any other, dictates the terms of labor relations in the private sector. When such a motion is granted, the President shall submit to Congress a full and comprehensive report of the proceedings, including the findings of the board of inquiry and the ballot taken by the National Labor Relations Board, together with any recommendations he deems appropriate for consideration and appropriate action. Nothing in this clause shall prohibit participation in an area or industry committee by an employer whose employees are not represented by a labor organization. Also known as the Landrum-Griffin Act, this labor law was passed in response to corruption and organized crime in unions.
The term labor dispute includes any dispute relating to the terms, tenure or conditions of employment, or with respect to the association or representation of persons in the negotiation, fixation, maintenance, change or search to fix the terms or conditions of employment, regardless of whether the contenders are found in the close relationship of the employer and the employee. . .