The Responsibilities and Authority of the Secretary of Labor
Dennis AuBuchon
December 04, 2009
The mission of the Department of Labor fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements.
Within the mission of this department are more than 180 laws which fall under its jurisdiction. Some of the principle statues and their description are indicated below while others just the topic or act is noted.
Wages and Hours
Fair Labor Standards Act - fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements.
The Wage and Hour Division also enforces the labor standards provisions of the Immigration and Nationality Act (INA) that apply to aliens authorized to work in the U.S. under certain nonimmigrant visa programs.
Workplace Safety and Health
The Occupational Safety and Health (OSH) Act is administered by the Occupational Safety and Health Administration (OSHA). Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state programs, which also cover public sector employers. Employers covered by the OSH Act must comply with the regulations and the safety and health standards promulgated by OSHA. Employers also have a general duty under the OSH Act to provide their employees with work and a workplace free from recognized, serious hazards. OSHA enforces the Act through workplace inspections and investigations. Compliance assistance and other cooperative programs are also available.
Workers´ Compensation
The Longshore and Harbor Workers´ Compensation Act (LHWCA).
The Energy Employees Occupational Illness Compensation Program Act (EEOICPA).
Radiation Exposure Compensation Act (RECA)
The Federal Employees´ Compensation Act (FECA)
The Black Lung Benefits Act (BLBA)
Employee Benefit Security
The Employee Retirement Income Security Act (ERISA)
Unions and Their Members
The Labor-Management Reporting and Disclosure Act (LMRDA)
Employee Protection
Most labor and public safety laws and many environmental laws mandate whistleblower protections for employees who complain about violations of the law by their employers. Remedies can include job reinstatement and payment of back wages. OSHA enforces the uniformed Services Employment and Reemployment Rights Act
Certain persons who serve in the armed forces have a right to reemployment with the employer they were with when they entered service. This includes those called up from the reserves or National Guard. These rights are administered by the Veterans' Employment and Training Service (VETS).
Employee Polygraph Protection Act
This law bars most employers from using lie detectors on employees, but permits polygraph tests only in limited circumstances. It is administered by the Wage and Hour Division.
Garnishment of Wages
Consumer Credit Protection Act (CPCA) which is administered by the Wage and Hour Division.
The Family and Medical Leave Act
Administered by the Wage and Hour Division, the Family and Medical Leave Act (FMLA) requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent.
Veterans' Preference
Veterans and other eligible persons have special employment rights with the federal government. They are provided preference in initial hiring and protection in reductions in force. Claims of violation of these rights are investigated by the Veterans' Employment and Training Service (VETS).
Government Contracts, Grants, or Financial Aid
Recipients of government contracts, grants or financial aid are subject to wage, hour, benefits, and safety and health standards under:
The Davis-Bacon Act, which requires payment of prevailing wages and benefits to employees of contractors engaged in federal government construction projects;
The McNamara-O'Hara Service Contract Act, which sets wage rates and other labor standards for employees of contractors furnishing services to the federal government;
The Walsh-Healey Public Contracts Act, which requires payment of minimum wages and other labor standards by contractors providing materials and supplies to the federal government.
Migrant & Seasonal Agricultural Workers
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) regulates the hiring and employment activities of agricultural employers, farm labor contractors, and associations using migrant and seasonal agricultural workers. The Act prescribes wage protections, housing and transportation safety standards, farm labor contractor registration requirements, and disclosure requirements. ESA's Wage and Hour Division administers this law.
The Fair Labor Standards Act (FLSA) exempts agricultural workers from overtime premium pay, but requires the payment of the minimum wage to workers employed on larger farms (farms employing more than approximately seven full-time workers. The Act has special child-labor regulations that apply to agricultural employment; children under 16 are forbidden to work during school hours and in certain jobs deemed too dangerous. Children employed on their families' farms are exempt from these regulations. ESA's Wage and Hour Division administers this law. OSHA also has special safety and health standards that may apply to agricultural operations.
The Immigration and Nationality Act (INA) requires employers who want to use foreign temporary workers on H-2A visas to get a labor certificate from the Employment and Training Administration certifying that there are not sufficient, able, willing and qualified U.S. workers available to do the work. The labor standards protections of the H-2A program are enforced by ESA's Wage and Hour Division.
Mine Safety & Health
The Federal Mine Safety and Health Act of 1977 (Mine Act) covers all people who work on mine property. The Mine Safety and Health Administration (MSHA) administers this Act.
The Mine Act holds mine operators responsible for the safety and health of miners; provides for the setting of mandatory safety and health standards, mandates miners' training requirements; prescribes penalties for violations; and enables inspectors to close dangerous mines. The safety and health standards address numerous hazards including roof falls, flammable and explosive gases, fire, electricity, equipment rollovers and maintenance, airborne contaminants, noise, and respirable dust. MSHA enforces safety and health requirements at more than 13,000 mines, investigates mine accidents, and offers mine operators training, technical and compliance assistance.
Construction
Several agencies administer programs related solely to the construction industry. OSHA has special occupational safety and health standards for construction; ESA's Wage and Hour Division, under Davis-Bacon and related acts, requires payment of prevailing wages and benefits; ESA's Office of Federal Contract Compliance Programs enforces Executive Order 11246, which requires federal construction contractors and subcontractors, as well as federally assisted construction contractors, to provide equal employment opportunity; the anti-kickback section of the Copeland Act precludes a federal contractor from inducing any employee to sacrifice any part of the compensation required.
Transportation
Most laws with labor provisions regulating the transportation industry are administered by agencies outside the Department of Labor. However, longshoring and maritime industry safety and health standards are issued and enforced by OSHA. The Longshoring and Harbor Workers' Compensation Act (LHWCA), administered by ESA, requires employers to assure that workers' compensation is funded and available to eligible employees. In addition, the rights of employees in the mass transit industry are protected when federal funds are used to acquire, improve, or operate a transit system. Under the Federal Transit law, the Department of Labor is responsible for approving employee protection arrangements before the department of Transportation can release funds to grantees.
Plant Closings & Layoffs
Such occurrences may be subject to the Worker Adjustment and Retraining Notification Act (WARN). WARN offers employees early warning of impending layoffs or plant closings. The Employment and Training Administration (ETA) provides information to the public on WARN, though neither ETA nor the Department of Labor has administrative responsibility for the statute, which is enforced through private action in the federal courts.
The Taft-Hartley Act
As you can see the Department of Labor is involved in critical issues in these economic times. Many of the agencies of this department are known while others are not so well known. The information provided in this article is meant to help the reader understand the function of this department and the areas covered by the various agencies within it. In today´s economy there have been many plant closings and layoffs and it is the responsibility of this department to assure the law is followed with regards to notification. Another area specifically identifies employer requirements regarding mine safety issues for their workers. The intention of this article is to provide information and not point out or suggest that any laws are broken by anyone.
As mentioned in the beginning there are over 180 laws that are managed by this department through the various agencies and the regulations they create to provide instruction for their enforcement. The number of laws that fall under this department is long but the purpose of them is important as shown in the examples identified and discussed above. This department is and the amount of laws it has the responsibility to enforce affects every individual either directly or indirectly at some point in their lives. It is important for all citizens understand the scope and mission of this department and where to find answers for specific issues. If this article has done this it has achieved its purpose.
Within the mission of this department are more than 180 laws which fall under its jurisdiction. Some of the principle statues and their description are indicated below while others just the topic or act is noted.
Wages and Hours
Fair Labor Standards Act - fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements.
The Wage and Hour Division also enforces the labor standards provisions of the Immigration and Nationality Act (INA) that apply to aliens authorized to work in the U.S. under certain nonimmigrant visa programs.
Workplace Safety and Health
The Occupational Safety and Health (OSH) Act is administered by the Occupational Safety and Health Administration (OSHA). Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved state programs, which also cover public sector employers. Employers covered by the OSH Act must comply with the regulations and the safety and health standards promulgated by OSHA. Employers also have a general duty under the OSH Act to provide their employees with work and a workplace free from recognized, serious hazards. OSHA enforces the Act through workplace inspections and investigations. Compliance assistance and other cooperative programs are also available.
Workers´ Compensation
The Longshore and Harbor Workers´ Compensation Act (LHWCA).
The Energy Employees Occupational Illness Compensation Program Act (EEOICPA).
Radiation Exposure Compensation Act (RECA)
The Federal Employees´ Compensation Act (FECA)
The Black Lung Benefits Act (BLBA)
Employee Benefit Security
The Employee Retirement Income Security Act (ERISA)
Unions and Their Members
The Labor-Management Reporting and Disclosure Act (LMRDA)
Employee Protection
Most labor and public safety laws and many environmental laws mandate whistleblower protections for employees who complain about violations of the law by their employers. Remedies can include job reinstatement and payment of back wages. OSHA enforces the uniformed Services Employment and Reemployment Rights Act
Certain persons who serve in the armed forces have a right to reemployment with the employer they were with when they entered service. This includes those called up from the reserves or National Guard. These rights are administered by the Veterans' Employment and Training Service (VETS).
Employee Polygraph Protection Act
This law bars most employers from using lie detectors on employees, but permits polygraph tests only in limited circumstances. It is administered by the Wage and Hour Division.
Garnishment of Wages
Consumer Credit Protection Act (CPCA) which is administered by the Wage and Hour Division.
The Family and Medical Leave Act
Administered by the Wage and Hour Division, the Family and Medical Leave Act (FMLA) requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent.
Veterans' Preference
Veterans and other eligible persons have special employment rights with the federal government. They are provided preference in initial hiring and protection in reductions in force. Claims of violation of these rights are investigated by the Veterans' Employment and Training Service (VETS).
Government Contracts, Grants, or Financial Aid
Recipients of government contracts, grants or financial aid are subject to wage, hour, benefits, and safety and health standards under:
The Davis-Bacon Act, which requires payment of prevailing wages and benefits to employees of contractors engaged in federal government construction projects;
The McNamara-O'Hara Service Contract Act, which sets wage rates and other labor standards for employees of contractors furnishing services to the federal government;
The Walsh-Healey Public Contracts Act, which requires payment of minimum wages and other labor standards by contractors providing materials and supplies to the federal government.
Migrant & Seasonal Agricultural Workers
The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) regulates the hiring and employment activities of agricultural employers, farm labor contractors, and associations using migrant and seasonal agricultural workers. The Act prescribes wage protections, housing and transportation safety standards, farm labor contractor registration requirements, and disclosure requirements. ESA's Wage and Hour Division administers this law.
The Fair Labor Standards Act (FLSA) exempts agricultural workers from overtime premium pay, but requires the payment of the minimum wage to workers employed on larger farms (farms employing more than approximately seven full-time workers. The Act has special child-labor regulations that apply to agricultural employment; children under 16 are forbidden to work during school hours and in certain jobs deemed too dangerous. Children employed on their families' farms are exempt from these regulations. ESA's Wage and Hour Division administers this law. OSHA also has special safety and health standards that may apply to agricultural operations.
The Immigration and Nationality Act (INA) requires employers who want to use foreign temporary workers on H-2A visas to get a labor certificate from the Employment and Training Administration certifying that there are not sufficient, able, willing and qualified U.S. workers available to do the work. The labor standards protections of the H-2A program are enforced by ESA's Wage and Hour Division.
Mine Safety & Health
The Federal Mine Safety and Health Act of 1977 (Mine Act) covers all people who work on mine property. The Mine Safety and Health Administration (MSHA) administers this Act.
The Mine Act holds mine operators responsible for the safety and health of miners; provides for the setting of mandatory safety and health standards, mandates miners' training requirements; prescribes penalties for violations; and enables inspectors to close dangerous mines. The safety and health standards address numerous hazards including roof falls, flammable and explosive gases, fire, electricity, equipment rollovers and maintenance, airborne contaminants, noise, and respirable dust. MSHA enforces safety and health requirements at more than 13,000 mines, investigates mine accidents, and offers mine operators training, technical and compliance assistance.
Construction
Several agencies administer programs related solely to the construction industry. OSHA has special occupational safety and health standards for construction; ESA's Wage and Hour Division, under Davis-Bacon and related acts, requires payment of prevailing wages and benefits; ESA's Office of Federal Contract Compliance Programs enforces Executive Order 11246, which requires federal construction contractors and subcontractors, as well as federally assisted construction contractors, to provide equal employment opportunity; the anti-kickback section of the Copeland Act precludes a federal contractor from inducing any employee to sacrifice any part of the compensation required.
Transportation
Most laws with labor provisions regulating the transportation industry are administered by agencies outside the Department of Labor. However, longshoring and maritime industry safety and health standards are issued and enforced by OSHA. The Longshoring and Harbor Workers' Compensation Act (LHWCA), administered by ESA, requires employers to assure that workers' compensation is funded and available to eligible employees. In addition, the rights of employees in the mass transit industry are protected when federal funds are used to acquire, improve, or operate a transit system. Under the Federal Transit law, the Department of Labor is responsible for approving employee protection arrangements before the department of Transportation can release funds to grantees.
Plant Closings & Layoffs
Such occurrences may be subject to the Worker Adjustment and Retraining Notification Act (WARN). WARN offers employees early warning of impending layoffs or plant closings. The Employment and Training Administration (ETA) provides information to the public on WARN, though neither ETA nor the Department of Labor has administrative responsibility for the statute, which is enforced through private action in the federal courts.
The Taft-Hartley Act
As you can see the Department of Labor is involved in critical issues in these economic times. Many of the agencies of this department are known while others are not so well known. The information provided in this article is meant to help the reader understand the function of this department and the areas covered by the various agencies within it. In today´s economy there have been many plant closings and layoffs and it is the responsibility of this department to assure the law is followed with regards to notification. Another area specifically identifies employer requirements regarding mine safety issues for their workers. The intention of this article is to provide information and not point out or suggest that any laws are broken by anyone.
As mentioned in the beginning there are over 180 laws that are managed by this department through the various agencies and the regulations they create to provide instruction for their enforcement. The number of laws that fall under this department is long but the purpose of them is important as shown in the examples identified and discussed above. This department is and the amount of laws it has the responsibility to enforce affects every individual either directly or indirectly at some point in their lives. It is important for all citizens understand the scope and mission of this department and where to find answers for specific issues. If this article has done this it has achieved its purpose.
Print
Email
