National Workplace Regulations
All U.S. employers must follow national workplace regulations, except where exceptions are stipulated by federal law. For example, though employers must follow federal child welfare laws, children working on their families' farms may not be subject to the same regulations. Employers should also be aware of state regulations, in case these regulations are more strict than national laws. Knowing the law is the responsibility of employers, and they should talk with an attorney to make sure their workplace complies.
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Compensation
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The Fair Labor Standards Act requires all employers to pay their workers at least the federal minimum wage, and stipulates that overtime pay must be at least one and a half times that rate. Workers compensation laws help to ensure that workers receive compensation for injuries or illness sustained on the job, or that their families receive compensation in case of death. For instance, the Black Lung Benefits Act gives medical benefits and a monthly payment to a miner afflicted by black lung disease, or gives payments to his survivors. The Employee Retirement Income Security Act requires certain employers to insure their benefit plans, and requires employers to disclose their plans to the government.
Hours
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Federal law does not limit how many hours adults can work, although employers must pay overtime wages if employees work more than 40 hours. The Fair Labor Standards Act outlines rules employers must follow if hiring minors. For example, children under age 15 may not work during school hours except within career exploration programs. They cannot work before 7:00 a.m. or after 7 p.m. except in the summer, and are not allowed to work more than 40 hours a week during school weeks.
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Safety and Health
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The Occupational Safety and Health Act sets rules for safety and health that employers must follow. The law is enforced through safety inspections, and through investigations when necessary. Employers must make sure workers are not exposed to toxic chemicals or other hazards, such as high noise levels or dangerous facilities and equipment. Employers must also make sure a workplace is as sanitary as possible, and that workers are not subjected to stress from extreme heat or cold.
Privacy
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Employers cannot ask certain questions when interviewing prospective employees. For example, they cannot ask about a disability, under the Americans with Disabilities Act, says Dawn Rosenberg McKay in "The Everything Get a Job Book." Under the National Labor Relations Act, they cannot ask about a candidate's relationship with a union, she adds. Further, they can't ask whether a candidate is or plans to become pregnant, or whether the candidate has been arrested or committed a crime. Employers also cannot subject an employee to a polygraph test except in particular circumstances stipulated by federal law.
Miscellaneous
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Veterans receive special consideration for federal government jobs, and the right to go back to work for the employer they were working for when they entered the service. Employers hiring foreign workers must gain a certificate saying that not enough qualified U.S. citizens are available to fill the positions.
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References
- U.S. Dept. of Labor (DOL): A Summary of Major DOL Laws
- EPA: Summary of the Occupational Safety and Health Act
- "The Everything Get a Job Book"; Dawn Rosenberg McKay; 2007
- "Noah's Encyclopedia of Everyday Law"; Shea Irving; 2011
- Department of Labor: Child Labor Provisions for Nonagricultural Operations
- Photo Credit Rainer Elstermann/Lifesize/Getty Images