Labor Laws and Compliance
The U.S. Department of Labor (DOL) is the federal agency responsible for administering more than 180 federal labor laws that employers must comply with. To enforce these laws, the department has established a number of different acts. According to the DOL, the regulations cover occupational activities for approximately 10 million employers and 125 million employees.
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Purpose
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The DOL's mission is to promote the well-being of job seekers, wage earners and retirees in the U.S. by enhancing working conditions, guarding health care and retirement benefits, tracking employment changes and fostering better employment opportunities. To achieve these objectives, the department implemented various employment acts.
Types
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The DOL's Wage and Hour Division administers the Fair Labor Standards Act (FLSA) which regulates the federal minimum wage laws, overtime protection laws, child labor laws and record-keeping laws. The department's Occupational Safety and Health Administration (OSHA) regulates the safety and health standards for private and public sector employers. Workers' compensation acts, such as the Longshore and Harbor Workers' Compensation Act (LHWCA) and the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) provide compensation and medical benefits to disabled and injured workers.
The Employee Retirement Income Security Act (ERISA) protects employee pension funds and regulates employers who offer them. The Family and Medical Leave Act (FMLA) provides job protection to qualified employees who take unpaid leave of up to 12 weeks. Title III of the Consumer Credit Protection Act (CPCA), restricts the employer from garnishing more than 25 percent of disposable income and guards the employee against unfair dismissal resulting from the wage garnishment.
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Differing Laws
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Some states implement their own labor laws, such as overtime and minimum wage laws. When state law differs from federal law, the DOL notes that the employer should use whichever law benefits the employee the most. For instance, as of July 24, 2009, the federal minimum wage is $7.25 per hour, but California's minimum wage is $8 per hour. Consequently, California employees subject to federal and state minimum wage laws should receive the higher rate of $8 per hour.
Mandatory Posting
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The DOL requires that employers post certain notices in a visible area on the premises. The employer must contact its state's department of labor for its posting requirements. Federal posting requirements for employers include the FLSA's minimum wage poster, OSHA's safety and health poster, the FMLA's employee rights and responsibilities poster, the equal employment opportunity poster and the poster for disabilities paid at special minimum wage. Federal contractor posting requirements include the employee rights on government contracts poster and the notice to employees working on federal or federally finance projects poster.
Considerations
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The federal or state Department of Labor can take action against employers who violate the labor laws. Consequently, the employee can file a complaint with the Department of Labor agency that enforces the labor law the employer has violated.
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References
Resources
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