Keeping Up With Common Employment Laws

The Department of Labor (DOL) is in charge of administering and enforcing the federal labor laws which number more than 180. The employment law posters are designed to cover many workplace activities for over 10 million employers and their over 125 million employees.

The DOL's principal statutes are mostly applicable to businesses, workers, retirees, contractors and grantees. The summary below is however aimed at getting you acquainted with the major labor laws to ensure that you are in right standing with the law.

WAGES AND HOURS PAYMENT GUIDELINES

The Fair Labor Standards Act (FLSA) sets the standards for wages and overtime wages which should be paid to employees. These statutes affect most private and public employment. The FLSA requires an employer to pay covered employees at least a minimum wage and an overtime pay of one and a half times the regular rate of pay. In the case of nonagricultural operations, children under the age of 16 have restricted work hours and also the FLSA forbids the employment of children below the age of 18 in certain jobs as it is deemed too dangerous. In the case of agricultural operations, children below the ages of 16 are prohibited from such employment during school hours and in certain jobs considered too dangerous.

WORKPLACE SAFETY AND HEALTH

The Occupational Safety and Health (OSH) Act which is administered by the Occupational Safety and Health Administration (OSHA) regulates most private industries or OSHA-approved state programs and public sector employers. Employers who are covered by the OSHA act are required to stay in line with the regulations listed for safety and health standard. Employers under OSHA are also responsible for the provision of a workplace which is free from recognized hazards.

WORKERS' COMPENSATION

Persons working for a private company or state government need to learn more about the workers' compensation program in their states. The United States Department of Labor, Office Worker's Compensation Programs is not responsible for the administration or supervision of the state's workers' compensation program.

Most workers' compensation programs provide health care and medical care to employees and to their qualified dependents. This is however due only in cases where it has been established that death or fatal injuries have been sustained while on the job.

EMPLOYEE BENEFIT SECURITY

The Employee Retirement Income Security Act (ERISA) regulates the actions of employers who offer to their employees' pension or welfare benefit plans. The Title 1 of ERISA is supervised by Employee Benefits Security Administration (EBSA) which imposes a wide range of fiduciary, disclosure and reporting requirement on fiduciaries of pension and welfare benefit plans.

UNIONS AND THEIR MEMBERS

The labor union and their members are controlled and supervised by the Labor-Management Reporting and Disclosure Act (LMRDA) of 1959. This act controls the relationship between a union and its members. The act's main function is to protect union funds and also promote democracy within unions of labor organizations. The act also requires labor unions to file annual financial reports and give detailed account of monies received and spent for transparency purposes.

EMPLOYEE PROTECTION FOR LABOR LAWS

Most labor and public safety laws, with the inclusion of environmental laws mandates that whistleblowers -who complain about violations of the law by their employers- should be protected. In most cases, this law may function to reinstate workers who may have lost their jobs as a result of the whistle blowing act or effect payment of back wages.

To learn more about labor laws, visit us at https://www.laborlawcc.com/. Or give us a call at (800) 801-0597

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