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These are important matters
By Sophia Ramos of Always A Pleasure
Major Statutes and Regulations Administered by the Department of Labor This articles describes the requirements of each major statute enforced by the Department of Labor (DOL). The various sections are organized by the type of standard (e.g. Wage and Hours of Work; Safety and Health Standards; Health Benefits and Retirement Standards; Other Workplace Standards). Discussed are:
1. which employers or employees are covered by the stature;
2. the statures basic provisions and requirements;
3. employee rights;
4. how to obtain information and compliance assistance from DOL;
5. penalties and sanctions for non-compliance; and
6. relation of the statue to the state, local and other federal laws. These sections contain links to more detailed information, such as texts of statutes, regulations and interpretative bulletins, which can be found on DOL agencies' Web sites. To understand their full responsibilities under each statute, readers should refer to these more detailed materials. Please note that other federal agencies besides DOL enforce laws and regulations that affect employers. For example, the Equal Opportunity Commission http://www.eeoc.gov enforces many of the statutes designed to ensure non-discrimination in employment, and the National Labor Board http://www.nlrb.gov administers the Taft-hardy Act regulation employer conduct with regard to employees in a wide range of areas. Please consult these agencies for further information on their requirements. This is structured to help businesses, particularly new businesses, determine which DOL statutes are most likely to apply to them. The first statutes discussed apply to most employers, followed by those that apply to federal contractors, and finally by the statutes that apply to specific industries, i.e., agriculture, mining, construction and transportation. Other sources of assistance include the following: * DOL's Compliance Assistance Web page http://www.dol.gov/compliance * A list of major DOL-enforced statutes http://www.dol.gov/compliance/laws/main.htm and * Employment Laws Assistance for Workers and Small Businesses (elaws) Advisors http://www.dol.gov/elaws is an interactive system designed to help employers and employees understand and comply with many laws administered by the DOL.
Each elaws Advisor provides information on a specific law or regulation based on the users particular situation. Of particular interest to new or small businesses is the FirstStep Employment Law Advisor http://www.dol.gov/elaws/firststep/ that helps employers determine which laws administered by DOL apply to their business organization.
Section 1 A. Wages and Hours of Work
The Fair Labor Standards Act (FLSA) prescribes minimum wage and overtime pay standards as well as record keeping and child labor standards for most private and Division of Employment Standards Administration (ESA) administers this Act. Contact your local ESA Wage and Hour Division office for more information (1-866-4USWAGE or http://www.dol.gov/esa/contacts/whd/america2.htm). The minimum wage and overtime provisions of the FLSA require the following from employers of covered employees who are not otherwise exempt: For over ten years, as of September 1, 1997, employers must pay covered employees a minimum wage of not less than $5.15 an hour. Employers may pay employees on a piece-rate basis and, under some circumstances, may consider tips as part of wages. Youths under 20 years of age may be paid a minimum wage of not less than $4.25 an hour during the first 90 consecutive calendar days of employment with an employer. Employers may not displace any employee to hire someone at the youth minimum wage. Although the Act does not place a limit on the total hours which may be worked by an employee who is at least 16 years old, it does require that a covered employees, unless otherwise exempt, be paid not less than one and one-half times their regular rate of pay for all hours worked in excess of 40 in a work week. In addition, the FLSA's child labor provisions for non agricultural work include restrictions on the hours of work and occupations for youths under age 16 and restrictions on employment of 16 and 17 year old's in occupations found to be hazardous by the Department. Other generally applicable statutes that set workplace standards include: Under the Immigration and Nationality Act (INA), foreign workers may work i n the Unites States. ESA's Wage and Hour Division enforces rules pertaining to the employment of non immigrant workers in four visa classifications: D-1 (Crew members); H-1B and H-1B1 (workers employed in a "specialty occupation" or as fashion models); and H-2A (workers employed in temporary agriculture jobs). Under the INA, employers must verify the identity and employment authorization of all employees, including foreign workers. Contact your local ESA Wage and Hour Division Office for more information (1-866-4USWAGE or http://www.dol.gov/esa/contacts/whd/america2.htm). Garnishment of wages by employers is regulated under the Consumer Credit Protection Act. ESA's Wage and Hour Division administers this Act. Contact your local ESA Wage and Hour Division Office for more information (1-866-4USWAGE or http://www.dol.gov/esa/contacts/whd/america2.htm). |
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