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Summary of the Major Laws of the Department of Labor

Summary of the Major Laws of the Department of Labor

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The U.S. Department of Labor (DOL) administers and enforces over 180 national laws. These mandates and the regulations which implement them pay many office activities for approximately 150 million workers and 10 million offices. Following is a short description of several of DOL's main vaccinations most commonly applicable to businesses, job seekers, employees, retirees, contractors, and grantees.

This summary is meant to familiarize you with the significant labor laws and to not offer you a thorough exposition. For authoritative advice and references to more comprehensive descriptions of such laws, you need to consult the regulations and statutes.

Rulemaking and Regulations offer short descriptions of links to different sources of information about DOL's rulemaking actions and regulations.

Benefits and Hours

The Fair Labor Standards Act (FLSA) prescribes standards for wages and overtime pay, which impact private and public employment. It requires employers to pay covered employees that aren't otherwise exempt at least the federal minimum wage and overtime pay for one-and-one-half-times the normal rate of pay. For nonagricultural surgeries, it limits the hours that kids under age 16 can operate and forbids the employment of children under age 18 in a few tasks deemed too hazardous. For agricultural operations, it prohibits the employment of children under age 16 during school hours and in certain tasks deemed too hazardous.

Safety and health conditions in most private businesses are governed by OSHA or even OSHA-approved country applications, which also protect public sector employers. Employers covered by the OSH Act must comply with the regulations as well as the safety and health standards promulgated by OSHA. Employers have a general responsibility under the OSH Act to supply their workers with a workplace free from recognized, serious dangers. OSHA enforces the Act through workplace inspections. Compliance support and other combined programs will also be offered.

Employees' Compensation

If you worked for personal business or state authorities, you need to speak to the employees' compensation program for the condition where you worked or lived out. The U.S. Department of Labor's Office of Workers' Compensation Programs doesn't have a function in the supervision or supervision of state employees' compensation applications.

The Longshore and Harbor Workers' Compensation Act (LHWCA), administered by The Office of Workers Compensation Programs (OWCP), supplies for reimbursement and medical care to certain marine workers (such as a longshore worker or another individual in longshore surgeries, and any refuge employee, such as a boat repairer, shipbuilder, and shipbreaker) and also to qualified dependent survivors of these workers that are disabled or die because of accidents which occur on the navigable waters of the USA, or in adjoining areas customarily utilized in loading, unloading, repairing or building a boat.

The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) is a payment program which offers a lump sum charge of $150,000 and potential medical advantages to workers (or some of the spouses ) of the Department of Energy and its contractors and subcontractors as a consequence of cancer brought on by exposure to radiation, or certain diseases brought on by exposure to beryllium or silica incurred in the performance of duty, in addition to for repayment of a lump $50,000 and potential medical benefits to people (or some of the spouses ) determined from the Department of Justice to qualify for reimbursement as uranium employees under section 5 of the Radiation Exposure Compensation Act (RECA).

The Federal Employees' Compensation Act (FECA), 5 U.S.C. 8101 et seq., determines a detailed and exclusive workers' compensation program that pays compensation for the disability or death of a federal employee caused by a personal injury sustained while in the performance of duty. 

The Black Lung Benefits Act (BLBA) offers monthly cash payments and health care advantages to coal miners disabled from pneumoconiosis ("black lung disease") arising from their job in the country's coal mines. The statute also provides monthly benefits to a deceased miner's survivors in the event the miner's death was due to black lung disease.

The Employee Retirement Income Security Act (ERISA) governs companies who provide welfare or pension benefit plans to their workers. Title I of ERISA is administered by the Employee Benefits Security Administration (EBSA) and borrows a broad selection of fiduciary, reporting and regulation requirements on fiduciaries of pension and welfare benefit programs and others having agreements with those programs. These terms include many similar state legislation. 

The Labor-Management Reporting and Disclosure Act (LMRDA) of 1959 (also Called the Landrum-Griffin Act) deals with the connection between a union and its associates. It protects marriage funds and boosts marriage democracy by requiring labor organizations to file annual financial reports, by requiring union officials, employers, and labor consultants to document reports concerning specific labor relations practices, and by establishing criteria for the election of union officers.

Treatments may include job reinstatement and payment of back salaries. OSHA enforces the whistleblower protections in many legislation.

These rights have been administered from the Veterans' Employment and Training Service.

This law bars many companies from using lie detectors on workers but allows polygraph tests just in restricted conditions. It's administered by the Wage and Hour Division.

The garnishment of worker wages by companies is governed under the Consumer Credit Protection Act (CCPA) that's administered by the Wage and Hour Division.


Medical and Family Leave Act

Administered from the Wage and Hour Division, the Family and Medical Leave Act (FMLA) requires employers of 50 or more workers to contribute up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or the serious illness of the employee or a partner, parent or child.

Veterans and other eligible individuals have particular employment rights with the national authorities. They're supplied preference in initial hiring and security at reductions in force. Claims of breach of those rights are researched from the Veterans' Employment and Training Service.

The Davis-Bacon Act, that requires payment of prevailing wages and benefits for employees of contractors participated in national government building jobs;

The McNamara-O'Hara Service Contract Act, which places wage rates and other labor standards for workers of contractors supplying services to the national authorities;

The Walsh-Healey Public Contracts Act, that requires payment of minimum wages and other labor standards by contractors supplying supplies and materials to the national authorities.

Administration and enforcement of those laws are by The Wage and Hour Division. The Office of Federal Contract Compliance Programs (OFCCP) administers and enforces three national contract-based civil rights legislation that needs most federal contractors and subcontractors, in addition to federally assisted construction contractors, to provide equal employment opportunity. The Office of the Assistant Secretary for Administration and Management's (ASAM) Civil Rights Center administers and enforces several federal help established civil rights legislation requiring recipients of federal financial assistance from the Department of Labor to give equal chance.

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) governs the employment and hiring activities of agricultural companies, farm labor contractors, and institutions utilizing migrant and seasonal agricultural employees. The Act prescribes wage protections, home, and transport security criteria, farm labor contractor registration requirements, and disclosure requirements. The Wage and Hour Division administers this legislation.

The Fair Labor Standards Act (FLSA) exempts agricultural workers from overtime premium pay but demands the payment of minimum wage to employees employed on bigger farms (farms using over about seven full-time employees. The Act has particular child-labor regulations that apply to agricultural employment; kids under 16 are prohibited to operate during school hours and in certain tasks deemed too hazardous. Children employed in their own families' farms are exempt from such regulations. The Wage and Hour Division administers this legislation. OSHA also has particular security and health criteria that can apply to agricultural operations.

The Immigration and Nationality Act (INA) requires companies who wish to utilize foreign temporary employees on H-2A visas to receive a labor certification from the Employment and Training Administration certifying that there aren't enough, capable, willing and qualified U.S. employees available to perform the job. The labor standards protections of this H-2A app are enforced by The Wage and Hour Division.

The Federal Mine Safety and Health Act of 1977 (Mine Act) covers most men and women working on mine land.

The Mine Act retains mine operators accountable for the security and health of miners; supplies for the setting of mandatory safety and health standards mandates miners' training conditions; prescribes penalties for offenses; also empowers inspectors to shut dangerous mines. The safety and health criteria address numerous dangers such as roof drops, flammable and volatile gases, fire, power, gear rollovers and upkeep, airborne contaminants, noise, and respirable dust. MSHA enforces safety and health conditions at over 13,000 mines, investigates mine injuries, and provides mine operators instruction, compliance, and technical support.

Structure

Several agencies administer programs related solely to the building market. OSHA has particular occupational safety and health standards for building; The Wage and Hour Division, under Davis-Bacon and associated actions, requires payment of prevailing wages and benefits; The Office of Federal Contract Compliance Programs enforces Executive Order 11246, that requires national construction contractors and subcontractors, in addition to federally assisted construction contractors, to provide equal employment opportunity; the anti-kickback part of this Copeland Act precludes a national contractor from causing any employee to forfeit any portion of the settlement required.

Transportation

Most legislation with labor provisions regulating the transport industry is administered by agencies outside the Department of Labor. But, longshoring and marine industry safety and health criteria are issued and enforced by OSHA. The Longshore and Harbor Workers' Compensation Act (LHWCA), requires companies to guarantee that employees' compensation is financed and accessible to qualified employees. Additionally, the rights of workers from the mass transit sector are shielded when federal funds are utilized to acquire, improve, or operate a transit system. Beneath the Federal Transit legislation, the Department of Labor is in charge of approving worker protection arrangements before the division of Transport might release funds to grantees.

WARN offers workers early warnings of impending layoffs or plant closings. The Employment and Training Administration (ETA) offers advice to the general public on WARN, although neither ETA nor the Department of Labor has administrative responsibility for the statute, which can be enforced through personal actions in the national courts.                                                                                       

A few of the statutes and regulations imposed by the U.S. Department of Labor (DOL) require that notices be offered to workers and/or submitted at work. DOL offers free printed and electronic copies of those necessary posters.


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