LAWS, REGULATIONS AND
TECHNICAL ASSISTANCE SERVICES
Read This First
This Handbook on the basic regulations and related services
administered by the Department of Labor (DOL) is designed primarily
for small businesses in general industry. It begins with a general
overview of DOL requirements. This is followed by ten sections
containing information on the specific laws and regulations.
Read the overview first to find out which requirements apply to
your business. For each requirement the overview refers to specific
sections or to a DOL office. Employers in certain industries (such
as agriculture and mining) or employers working on government
contracts should contact the referenced DOL offices for further
information and assistance.
Each section discusses: covered employers; basic provisions and
requirements; how to obtain information and assistance from DOL;
penalties for non-compliance; and relation to state, local and
other federal laws. The section subtitles identify the applicable
laws and the associated regulations, which can be found in the Code
of Federal Regulations (CFR). Many sections refer to an appendix
which provides additional addresses and phone numbers for obtaining
DOL assistance.
You should be aware that other federal agencies besides DOL enforce
laws and regulations that affect employers. For example, statutes
designed to ensure non-discrimination in employment are generally
enforced by the Equal Employment Opportunity Commission. Also, the
Taft-Hartley Act regulating employer conduct with regard to
employees in a wide range of areas is administered by the National
Labor Relations Board. Please consult these agencies for further
information on their requirements.
The information contained in this publication is not to be
considered a substitute for any provisions of the laws enforced by
the Department of Labor or for any regulations issued by the
Department.
CONTENTS
Overview
page 1
Section 1. Minimum Wage and Overtime Pay
page 11
Section 2. Child Labor (Nonagriculture)
page 17
Section 3. Employment Eligibility of Alien Workers
page 20
Section 4. Occupational Safety and Health
page 22
Section 5. Employee Benefit Plans
page 36
Section 6. Whistleblower Protection
page 42
Section 7. Veterans
page 44
Section 8. Plant Closings and Mass Layoffs
page 46
Section 9. Lie Detector Tests
page 48
Section 10. Wage Garnishment
page 50
Appendix
page 53
OVERVIEW: Major Statutes and Regulations Administered by the
Department of Labor
I. Requirements Applicable to Most Employers
Wages and Hours
The Fair Labor Standards Act (FLSA) prescribes minimum wage and
overtime pay (and record-keeping) standards affecting most private
and public employment, including homework. This is administered by
the Wage and Hour Division of DOL's Employment Standards
Administration (ESA).
1. The Minimum Wage and Overtime provisions of the FLSA require the following
from employers ofcovered employees who are not otherwise exempt:
Pay covered employees a minimum wage of not less than $4.25 an hour
effective April 1, 1991. (Employers may pay employees on a
piece-rate basis and under some circumstances consider the tips of
employees as part of their wages.)
Until March 31, 1993, employers may pay a training wage, under
certain conditions, of at least 85 percent of the minimum wage (but
not less than $3.35 an hour) for up to 90 days to employees under
age 20.
While not placing a limit on the total hours which may be worked,
the Act requires that covered employees, unless otherwise exempt,
be paid not less than one and one-half times their regular rates of
pay for all hours worked in excess of 40 in a workweek.
2. Homework requirements of the FLSA generally prohibit the performance of
certain types of work in an employee's home unless the employer has
obtained prior certification from the Department of Labor.
See Section 1, page 11, for more detail on wages and hours.
Who May Work, and When (administered by the Wage and Hour Division)
1. Child Labor provisions of the FLSA (Non-agriculture) include restrictions
on the hours of work and occupations for youths under age 16, and
these provisions set forth 17 hazardous occupations orders for jobs
declared by the Secretary of Labor to be too dangerous for minors
under age 18 to perform.
See Section 2, page 17, for more detail.
2. Immigrant Labor is regulated by the Immigration and Nationality Act (INA).
Under the INA, employers may legally hire workers only if they are
citizens of the U.S. or aliens authorized to work in the United
States. The INA requires that employers verify the employment
eligibility of all individuals hired after November 6, 1986.
See Section 3, page 20, for more detail.
The Immigration Nursing Relief Act of 1989 (INRA) was enacted to
provide relief for the shortage of registered nurses by legalizing
current nonimmigrant registered nurses and ensuring employer
efforts to attract and develop more U. S. employees to the nursing
profession. Contact your local ESA Wage and Hour Division office
for more details (see page 54).
Workplace Safety and Health
The Occupational Safety and Health Act (OSH Act), which is
administered by DOL's Occupational Safety and Health Administration
(OSHA) regulates safety and health conditions in most private
industries (except those regulated under other federal statutes,
e.g., transportation). Many private employers are regulated through
states operating under OSHA-approved plans.
It is the responsibility of employers to become familiar with
standards applicable to their establishments, to eliminate
hazardous conditions to the extent possible, and to comply with the
standards. Compliance may include assuring that employees have and
use personal protective equipment when required for safety or
health. Employees must comply with all rules and regulations that
are applicable to their own actions and conduct.
Covered employers are required to maintain workplaces that are safe
and healthful, including meeting many regulatory requirements. OSHA
promulgates safety and health standards, and makes distinctions by
type of industry.
Safety standards include regulations covering hazards such as
falls, explosions, electricity, fires, and cave-ins, as well as
machine and vehicle operation and maintenance, etc.
Health standards regulate exposures to a variety of health hazards
through engineering controls, the use of personal protective
equipment (e.g., respirators, ear protection etc.), and work
practices.
Where OSHA has not promulgated a specific standard, employers are
responsible for complying with the OSH Act's "general duty" clause
[Section 5(a)(1)], which states that each employer "shall furnish
. . . a place of employment which is free from recognized hazards
that are causing or are likely to cause death or serious physical
harm to his employees."
When OSHA develops effective safety and health regulations, safety
and health regulations originally issued under the following laws
administered by the Department of Labor are superseded: the
Walsh-Healey Act, the Service Contract Act, the Contract Work Hours
and Safety Standards Act, the Arts and Humanities Act, and the
Longshore and Harbor Workers' Compensation Act.
See Section 4, page 22, for more detail.
Pensions and Welfare Benefits
The Employee Retirement Income Security Act (ERISA) regulates
employers who have pension or welfare benefit plans. This statute
preempts many state laws in this area and is administered by DOL's
Pension and Welfare Benefits Administration (PWBA). The statute
also provides an insurance mechanism to protect retirement benefits
with employers required to pay annual pension benefit insurance
premiums to the Pension Benefits Guarantee Corporation (PBGC),
which is associated with the Department.
1. Pension Plans must meet a wide range of fiduciary and reporting
and disclosure requirements, with regulations defining such
concepts as the value of plan assets, what is adequate
consideration for the sale of assets, the effects of participants
having control over the assets in their plans, etc.
2. Welfare Benefit Plans also must meet a wide range of fiduciary,
reporting, and disclosure requirements. In addition, PWBA
administers the disclosure and notification requirements for the
continuation of health care provisions that were enacted as part of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).
These provisions cover group health plans of employers with 20 or
more employees on a typical business day in the previous calendar
year. COBRA gives participants and beneficiaries an election to
maintain, at their own expense, coverage under the employer's
health plan.
See Section 5, page 36, for more detail.
3. Pension Insurance information can be obtained from the Pension
Benefits Guarantee Corporation by writing PBGC, Coverage and
Inquiries Branch (25440), 2020 K Street, N.W., Washington, D.C.
20006-1860, or by calling (202) 778-8800.
Miscellaneous Requirements for Most Employers
1. The Labor-Management Reporting and Disclosure Act
(also known as the Landrum-Griffin Act, LMRDA) deals with the
relationship between a union and its members. It provides for
safeguarding of union funds, reporting and disclosure of financial
transactions, and administrative practices of union officials,
labor consultants, etc. This is administered by DOL's Office of
Labor-Management Standards (OLMS).
Call your local OLMS office for more detail (see page 65).
2. Employee Protection provisions are built into most labor and public
safety statutes, e.g., the FLSA, the OSH Act, ERISA, many environmental
protection statutes, etc. These protect employees who exercise their rights
under these Acts to complain about employers, ask for information,
etc. (remedies can include back wages and reinstatement.) They are
normally enforced by the DOL agency most concerned, e.g., OSHA
enforces those arising under the OSH Act. For more information on
employee protection under a statute administered by DOL, see the
relevant section. For information on employee protection in the
environmental context, see Section 6, page 42, for more detail.
3. Veteran's Reemployment Rights ensures that those who serve in the armed
forces have a right to reemployment with the employer they were with when they
went in service, including protection for those called up from the reserves
or National Guard. These are administered by DOL's Office of the
Assistant Secretary for Veterans' Employment and Training. See
Section 7, page 44, for more detail.
4. Plant Closings and Layoffs by employers may be subject to the Worker
Adjustment and Retraining Notification Act (WARN) which provides for early
warning to employees of the proposed layoffs or plant closings. Questions on
WARN may be addressed to DOL's Employment and Training Administration (ETA).
See Section 8, page 46, for more detail.
5. The Employee Polygraph Protection Act (EPPA) prohibits most use of lie
detectors by employers on their employees. This is administered by the Wage
and
Hour Division of ESA.
See Section 9, page 48, for more detail.
6. Garnishment of Wages by employers is subject to regulation under the
Consumer Credit Protection Act. This is administered by the Wage and Hour
Division of ESA.
See Section 10, page 50, for more detail.
II. Requirements Applicable to Employers Because of the Receipt of
Government Contracts, Grants, or Financial Assistance
1. Wage, Hour, and Fringe Benefit Standards
are determined for these contracts under: the Davis-Bacon and
related Acts (for construction); the Contract Work, Hours, and
Safety Standards Act; the McNamara-O'Hara Service Contract Act (for
services); and the Walsh-Healey Public Contracts Act (for
manufacturing). The Wage and Hour Division of ESA both makes the
determination of wages and benefits and enforces them.
Contact your local ESA Wage and Hour Division Office for more
detail (see page 54).
2. Safety and Health Standards are also issued under these Acts
and are specifically applicable to covered contracts. Contact your
local ESA Wage and Hour Division Office for more detail (see page 54).
3. Non-discrimination and Affirmative Action Requirements
are set under Executive Order 11246, Section 503 of the
Rehabilitation Act, and the Vietnam Veteran's Readjustment
Assistance Act (38 U.S.C. 4212). These programs prohibit
discrimination and require affirmative action with regard to race,
sex, ethnicity, religion, disability and veterans' status. They are
administered by ESA's Office of Federal Contract Compliance
Programs (OFCCP). OFCCP works closely with EEOC to coordinate these
efforts. Contact your local ESA Office of Federal Contract Compliance
Programs for more detail (see page 57).
III. Industry-Specific Requirements in Addition to the Above
Agriculture
Several safety and health standards issued and enforced by OSHA
(e.g., field sanitation) and the Environmental Protection Agency
(e.g., pesticides) apply to this industry. In addition, several
agriculture- specific programs are administered by ETA and ESA's
Wage and Hour Division. For more information on these programs,
contact your local ESA office (see page 54).
1. The Migrant and Seasonal Agricultural Worker Protection Act
(MSPA) requires that covered farm labor contractors, agricultural
employers and agricultural associations comply with worker
protection applicable to migrant and seasonal agricultural workers
whom they recruit, solicit, hire, employ, furnish or transport or,
in the case of migrant agricultural workers, to whom they provide
housing.
2. The Immigration and Nationality Act (INA) requires that employers
wishing to use nonimmigrant workers for temporary agricultural
employment apply with the Employment and Training Administration
for a labor certificate showing that there are not sufficient workers
in the U.S. able, willing, qualified and available to do the work
and that employment of such nonimmigrant workers will not adversely
affect the wages and working conditions of workers in the U.S.
3. INA as Amended by the Immigration Reform and Control Act
requires all employers of special and replenishment agricultural
workers (SAWs and RAWs) to provide certain information on the use
of such workers to the federal government.
4. The Fair Labor Standards Act (FLSA) contains special child labor
regulations applicable to agricultural employment. The regulations
administered and enforced by the DOL agencies apply only to those
establishments with employees (e.g., they do not apply to family-run and
family-operated farms that do not hire outside workers).
Additionally, in some cases there are minimum employment standards
which must be met before an establishment is covered by a
regulation (e.g., OSHA's field sanitation standard is not enforced
at establishments that employ fewer than 11 workers in the field).
Mining Safety and Health
The goal of the Federal Mine Safety and Health Act of 1977 is to
improve working conditions in the nation's mines. Its provisions
cover all miners and other persons employed to work on mine
property, and it is administered by the Labor Department's Mine
Safety and Health Administration (MSHA). This law strengthened an
earlier coal mining law and brought metal and nonmetal (non-coal)
miners under the same general protections as those afforded coal
miners.
Under the Act, the operators of mines, with the assistance of their
employees, have the primary responsibility for ensuring the health
and safety of the miners. MSHA is responsible for fully inspecting
every underground mine at least four times a year and every surface
mine at least twice a year to ensure that these responsibilities
are met.
This law also established mandatory miners' training requirements
and strengthened health protection measures and gassy mine safety
programs. It also included tougher civil dollar penalties for
safety or health violations by mine operators. The Act also
provided for closure of mines in cases of imminent danger to
workers or failure to correct violations within the time allowed,
and it called for greater involvement of miners and their
representatives in processes affecting workers' health than
previously had been possible.
Each mine must be legally registered with MSHA. Many mine operators
are required to submit plans to MSHA for approval before beginning
operations. Such plans must be followed during mining. Required
plans cover operational aspects such as ventilation, roof control,
and miner training. Mine operators are required to report each
individual mine accident or injury to MSHA.
MSHA's Coal Mine Safety and Health Division enforces law and
regulations at more than 4,600 underground and surface coal mines.
MSHA's Metal and Nonmetal Mine Safety and Health Division enforces
federal requirements, conducts training, and assists the mining
industry in reducing deaths, serious injuries and illnesses at more
than 11,000 non-coal mines (including open pit mines, stone
quarries, and sand and gravel operations).
Health and safety regulations cover numerous hazards, including
those associated with the following:
exposure to respirable dust, airborne contaminants and noise
design, operation and maintenance requirements for mechanical
equipment, including mobile equipment roof falls, and rib and
face rolls flammable, explosive and noxious gases, dust and smoke
electrical circuits and equipment fires storage, transportation,
and use of explosives hoisting access and egress
Contact your local MSHA office for more detail (see page 74).
Construction
Several DOL agencies are involved in administering programs solely
related to the construction industry.
1. Safety and Health:
OSHA has separate occupational safety and health standards which
apply only to the construction industry.
See Section 4, page 22, for more detail.
2. Wage and Fringe Benefits: The Davis-Bacon Act and related Acts
require most contractors and subcontractors on federally assisted
contracts in excess of $2,000 to pay the prevailing wage rates and
fringe benefits as determined by the Secretary of Labor. Contact
your local ESA Wage and Hour Division Office for more detail (see
page 54).
3. Non-discrimination:
OFCCP has special regulations on non-discrimination and affirmative
action which apply only to the construction industry.
Contact your local ESA/OFCCP office for more detail (see page 57).
4. Anti-Kickback:
The "Anti-Kickback" section of the Copeland Act applies to all
contractors and subcontractors performing on any federally funded
or assisted contract for the construction, prosecution, completion
or repair of any public building or public work -- except contracts
for which the only federal assistance is a loan guarantee. This
provision precludes a contractor or subcontractor from inducing an
employee -- in any manner -- to give up any part of his/her
compensation to which he/she is entitled under his/her contract of
employment.
Contact your local ESA Wage and Hour Division office for more
detail (see page 54).
Transportation
Many laws with labor provisions in them that affect the
transportation industry are administered by agencies outside of the
Department. For example, the Railway Labor Act is administered
primarily by the Department of Transportation and the Railway
Retirement Board. Special DOL programs for this industry are:
1. Safety and Health:
Special longshoring and maritime industry standards issued and
enforced by OSHA.
See Section 4, page 22, for more detail.
2. Longshoring and Harbor Work:
Workers' compensation coverage provided under the Longshore and
Harbor Workers' Compensation Act, which is administered by ESA.
Employers must meet the coverage, funding, and other requirements
needed to provide these benefits.
Contact your local ESA/OWCP office for more detail (see page 77).
1. MINIMUM WAGE AND OVERTIME PAY
Fair Labor Standards Act of 1938, as Amended (Title 29, U.S. Code,
Sections 201 et seq.; 29 CFR 510-800).
Who is Covered
The Fair Labor Standards Act (FLSA) establishes minimum wage,
overtime pay, record-keeping and child labor standards that affect
more than 80 million full- and part-time workers in the private
sector and in federal, state and local governments.
The Act applies to enterprises that have employees who are engaged
in interstate commerce, producing goods for interstate commerce, or
handling, selling or working on goods or materials that have been
moved in or produced for interstate commerce. For most firms, an
annual dollar volume of business test of not less than $500,000
applies. The following are covered by the Act regardless of their
dollar volume of business: hospitals, institutions primarily
engaged in the care of the sick, aged, mentally ill or disabled who
reside on the premises; schools for children who are mentally or
physically disabled or gifted; preschools, elementary and secondary
schools and institutions of higher education; and federal, state
and local government agencies.
Employees of firms that do not meet the $500,000 annual dollar
volume test may be individually covered in any workweek in which
they are individually engaged in interstate commerce, the
production of goods for interstate commerce, or an activity which
is closely related and directly essential to the production of such
goods. Domestic service workers, such as day workers, housekeepers,
chauffeurs, cooks or full-time babysitters, are also covered if
they receive at least $50 in cash wages in a calendar quarter from
their employers or work a total of more than 8 hours a week for one
or more employers.
An enterprise that was covered by the Act on March 31, 1990, and
that ceased to be covered because of the increase in the annual
dollar volume test to $500,000, as required under the 1989
amendments to the Act, must continue to pay its employees not less
than $3.35 an hour (the statutory minimum wage prior to 4/1/90) and
continues to be subject to the overtime pay, child labor and
record-keeping requirements of the Act.
Some employees are excluded from the Act's minimum wage and/or
overtime pay provisions under specific exemptions provided in the
law. Because these exemptions are generally narrowly defined,
employers should carefully check the exact terms and conditions for
each by contacting the Wage and Hour Division of the Employment
Standards Administration (ESA) at the offices referenced below.
The following are examples of employees exempt from both the
minimum wage and overtime pay requirements:
Executive, administrative and professional employees (including
teachers and academic administrative personnel in elementary and
secondary schools and also including certain skilled computer
professionals as provided in P.L. 101-583, November 15, 1990) and
outside sales persons
Employees of seasonal amusement or recreational establishments
Employees of certain small newspapers and switchboard operators of
small telephone companies
Seamen employed on foreign vessels
Employees engaged in fishing operations
Farm workers employed on small farms (i.e., those that used no more
than 500 "man-days" of farm labor in any calendar quarter of the
preceding calendar year)
Casual babysitters and persons employed as companions to the
elderly or infirm
The following are examples of employees exempt from the Act's
overtime pay requirements only:
Certain commissioned employees of retail or service establishments
Auto, truck, trailer, farm implement, boat or aircraft
salesworkers, or parts-clerks and mechanics servicing autos, trucks
or farm implements, and who are employed by non-manufacturing
establishments primarily engaged in selling these items to ultimate
purchasers
Railroad and air carrier employees, taxi drivers, certain employees
of motor carriers, seamen on American vessels and local delivery
employees paid on approved trip rate plans
Announcers, news editors and chief engineers of certain
non-metropolitan broadcasting stations
Domestic service workers who reside in their employer's residence
Employees of motion picture theaters
Farmworkers
Certain employees may be partially exempted from the Act's overtime
pay requirements. These include:
Employees engaged in certain operations on agricultural commodities
and employees of certain bulk petroleum distributors
Employees of hospitals and residential care establishments which
have agreements with the employees to work a 14-day work period in
lieu of a 7-day workweek if the employees are paid overtime premium
pay within the requirements of the Act for all hours worked over 8
in a day or 80 in the 14-day work period, whichever is the greater
number of overtime hours
Employees who lack a high school diploma or who have not completed
the eighth grade may be required by their employer to spend up to
10 hours in a workweek in remedial reading or training in other
basic skills that is not job-specific, as long as they are paid
their normal wages for the hours spent in training. Such employees
need not be paid overtime premium pay for their training hours.
Basic Provisions/Requirements
The Act requires employers of covered employees who are not
otherwise exempt to pay these employees a minimum wage of not less
than $4.25 an hour. The increases in the minimum wage mandated by
the 1989 amendments to the Act will be phased in on an
industry-by-industry basis in Puerto Rico. All Puerto Rican
industries must reach the mainland minimum wage by April 1, 1996.
Employers may pay employees on a piece-rate basis, as long as they
receive at least the equivalent of the required minimum hourly wage
rate. Employers of tipped employees, i.e., employees who
customarily and regularly receive more than $30 a month in tips,
may consider the tips of these employees as part of their wages.
This tip credit may not, however, exceed 50 percent of the required
minimum wage.
Employers may pay a training wage, under certain conditions, of at
least 85 percent of the minimum wage (but not less than $3.35 an
hour) for up to 90 days to employees under age 20, except for
migrant or seasonal agricultural workers and H-2A nonimmigrant
agricultural workers performing work of a temporary or seasonal
nature. An employee who has been paid at the training wage for 90
days can be employed for 90 additional days at the training wage by
a different employer if that employer provides on-the-job training
in accordance with rules of the Department of Labor. Employers may
not displace employees (or reduce their wages or benefits) in order
to hire employees at the training wage. These training wage
provisions expire on March 31, 1993.
The Act also permits the employment of the following individuals at
wage rates below the statutory minimum wage under certificates
issued by the Department:
Student learners
Full-time students in retail or service establishments,
agriculture, or institutions of higher education
Individuals whose earning or productive capacity is impaired by a
physical or mental disability, including those related to age or
injury, for the work to be performed
While not placing a limit on the total hours which may be worked,
the Act requires that covered employees, unless otherwise exempt,
be paid not less than one and one-half times their regular rates of
pay for all hours worked in excess of 40 in a workweek.
Employers are required to keep records on wages, hours and other
items as set out in the Department of Labor's regulations. Most of
this information is of the type generally maintained by employers
in ordinary business practice.
Performance of certain types of work in an employee's home is
prohibited under the Act unless the employer has obtained prior
certification from the Department of Labor. Restrictions apply in
the manufacture of knitted outerwear, gloves and mittens, buttons
and buckles, handkerchiefs, embroideries and jewelry (where safety
and health hazards are not involved). Employers wishing to employ
homeworkers in these industries are required to, among other
things, provide written assurances to the Department that they will
comply with the Act's monetary and other requirements. The
manufacture of women's apparel (and jewelry under hazardous
conditions) is generally prohibited, except under special
certificates that allow homework in these industries when the
homeworker is unable to adjust to factory work because of age or
physical or mental disability, or is caring for an invalid in the
home.
Special provisions apply to state and local government employment.
It is a violation of the Act to fire or in any other manner
discriminate against an employee for filing a complaint or for
participating in a legal proceeding under the Act. The Act also
prohibits the shipment of goods in interstate commerce which were
produced in violation of the minimum wage, overtime pay, child
labor, or special minimum wage provisions.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Enforcement of the Act is carried out by Wage and Hour Division
compliance officers stationed throughout the country. A variety of
remedies are available to the Department to enforce compliance with
the Act's requirements. When compliance officers encounter
violations, they recommend changes in employment practices in order
to bring the employer into compliance. Willful violations may be
prosecuted criminally and the violators fined up to $10,000. A
second conviction may result in imprisonment. Employers who
willfully and repeatedly violate the minimum wage or overtime pay
requirements are subject to civil money penalties of up to $1,000
per violation. Employers are subject to a civil money penalty of up
to $10,000 for each employee employed in violation of the child
labor provisions. When a civil money penalty is assessed, employers
have the right, within 15 days of receipt of the notice of such
penalty, to file an exception to the determination. When an
exception is filed, it is referred to an administrative law judge
for a hearing and determination as to the appropriateness of the
penalty. If an exception is not filed, the penalty becomes final.
The Secretary of Labor may also bring suit for back pay and an
equal amount in liquidated damages and obtain injunctions to
restrain persons from violating the Act. Employees may also bring
suit, where the Department has not done so, for back pay and
liquidated damages, as well as attorney's fees and court costs.
Relation to State, Local and Other Federal Laws
State laws also apply to employment subject to this Act. When both
this Act and a state law apply, the law setting the higher
standards must be observed.
2. CHILD LABOR (Nonagriculture)
Fair Labor Standards Act of 1938, as Amended (Title 29, U.S. Code,
Section 201 et seq.; 29 CFR 570-580).
Who is Covered
The child labor provisions of the Fair Labor Standards Act (the
Act) are designed to protect the educational opportunities of
youths and prohibit their employment in jobs and under conditions
detrimental to their health and well-being.
In nonagriculture, the child labor provisions apply to enterprises
that have employees who are engaged in interstate commerce,
producing goods for interstate commerce, or handling, selling or
working on goods or materials that have been moved in or produced
for interstate commerce. For most firms, an annual dollar volume of
business test of not less than $500,000 applies. The following are
covered by the Act regardless of their dollar volume of business:
hospitals; institutions primarily engaged in the care of the sick,
aged, mentally ill or disabled who reside on the premises; schools
for children who are mentally or physically disabled or gifted;
preschools, elementary and secondary schools and institutions of
higher education; and federal, state and local government agencies.
Employees of firms that do not meet the $500,000 annual dollar
volume test may be individually covered in any workweek in which
they are individually engaged in interstate commerce, the
production of goods for interstate commerce or an activity which is
closely related and directly essential to the production of such
goods. Domestic service workers, such as day workers, housekeepers,
chauffeurs, cooks or full-time babysitters, are also covered if
they receive at least $50 in cash wages in a calendar quarter from
their employers or work a total of more than 8 hours a week for one
or more employers.
An enterprise that was covered by the Act on March 31, 1990, and
ceased to be covered because of the increase in the annual dollar
volume test to $500,000 as required under the 1989 amendments to
the Act, remains subject to the Act's child labor provisions.
Sixteen is the minimum age for most nonfarm work. However, youths
may, at any age: deliver newspapers; perform in radio, television,
movies, or theatrical productions; work for their parents in their
solely owned nonfarm businesses (except in mining, manufacturing,
or in any other occupation declared hazardous by the Secretary of
Labor); or gather evergreens and make evergreen wreaths.
Basic Provisions/Requirements
The Act's child labor provisions include restrictions on the hours
of work and occupations for youths under age 16. These provisions
set forth 17 hazardous occupations orders for jobs declared by the
Secretary of Labor to be too dangerous for minors under age 18 to
perform. The Act prohibits the shipment of goods in interstate
commerce which were produced in violation of the child labor
provisions. It is also a violation of the Act to fire or in any
other manner discriminate against an employee for filing a
complaint or for participating in a legal proceeding under the Act.
The permissible jobs and hours of work, by age, in nonfarm work are
as follows:
Youths 18 years or older may perform any job for unlimited hours
Youths age 16 and 17 may perform any job not declared hazardous by
the Secretary of Labor, for unlimited hours
Youths age 14 and 15 may work outside school hours in various
nonmanufacturing, nonmining, nonhazardous jobs under the following
conditions: no more than 3 hours on a school day, 18 hours in a
school week, 8 hours on a nonschool day, or 40 hours in a nonschool
week. In addition, they may not begin work before 7 a.m. nor work
after 7 p.m., except from June 1 through Labor Day, when evening
hours are extended until 9 p.m. Youths aged 14 and 15 who are
enrolled in an approved Work Experience and Career Exploration
Program (WECEP) may be employed for up to 23 hours in school weeks
and 3 hours on school days (including during school hours).
Detailed information on the occupations determined to be hazardous
by the Secretary is available by contacting the Wage and Hour
Division at the offices listed below.
Department of Labor regulations require employers to keep records
of the date of birth of employees under age 19, including daily
starting and quitting times, daily and weekly hours worked, and the
employee's occupation.
Employers may protect themselves from unintentional violation of
the child labor provisions by keeping on file an employment or age
certificate for each youth employed to show that the youth is the
minimum age for the job. Certificates issued under most state laws
are acceptable for this purpose.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Employers are subject to a civil money penalty of up to $10,000 for
each employee employed in violation of the child labor provisions.
When a civil money penalty is assessed, employers have the right,
within 15 days of receipt of the notice of such penalty, to file an
exception to the determination. When an exception is filed, it is
referred to an administrative law judge for a hearing and
determination as to the appropriateness of the penalty. Either
party may appeal the decision of the administrative law judge to
the Secretary of Labor. If an exception is not timely filed, the
penalty becomes final. The Act also provides, in the case of a
conviction for a willful violation, for a fine of up to $10,000;
or, for a second offense committed after the conviction of such
person for a similar offense, for a fine of not more than $10,000
and imprisonment for up to six months, or both. The Secretary of
Labor may also bring suit to obtain injunctions to restrain persons
from violating the Act.
Relation to State, Local and Other Federal Laws
Many states have child labor laws. When both this Act and a state
law apply, the law setting the higher standards must be observed.
3. EMPLOYMENT ELIGIBILITY OF ALIEN WORKERS
Immigration and Nationality Act (INA) (8 U.S. Code, Section 1186).
Who is Covered
The Immigration and Nationality Act (INA) employment eligibility
verification and related nondiscrimination provisions apply to all
employers.
Basic Provisions/Requirements
Under the INA, employers may legally hire workers only if they are
citizens of the U.S. or aliens authorized to work in the United
States. For some aliens (students, nurses, "specialty occupations,"
fashion models) employers must comply with attestation procedures
through the Department of Labor. The INA requires that employers
verify the employment eligibility of all individuals hired after
November 6, 1986. To do so, employers must require applicants to
show proof of their employment eligibility, by requiring completion
of the I-9 form. Employers must keep I-9s on file for at least 3
years (or one year after employment ends, whichever is greater).
The INA also protects U.S. citizens, and aliens authorized to
accept employment in the U.S., from discrimination in hiring or
discharge on the basis of national origin and citizenship status.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Employers who fail to complete and/or retain the I-9 forms are
subject to civil fines of up to $1,000 per applicant. Enforcement
of the INA requirements on employment eligibility verification
comes under the jurisdiction of the Immigration and Naturalization
Service (INS). The Justice Department is responsible for enforcing
the anti-discrimination provisions. In conjunction with their
ongoing enforcement efforts, the Employment Standards
Administration's Wage and Hour Division and Office of Federal
Contract Compliance Programs conduct inspections of the I-9 forms.
Their findings are reported to the INS and to the Department of
Justice where there is apparent disparate treatment in the
verification process.
Relation to State, Local and Other Federal Laws
Not Applicable.
4. OCCUPATIONAL SAFETY AND HEALTH
The Occupational Safety and Health Act of 1970 (OSH Act), 29 U.S.C.
651 et seq.; Title 29 Code of Federal Regulations, Parts 1900 to
end.
Who is Covered
In general, coverage of the Act extends to all employers and their
employees in the 50 states, the District of Columbia, Puerto Rico,
and all other territories under federal government jurisdiction.
Coverage is provided either directly by the Federal Occupational
Safety and Health Administration (OSHA) or through an OSHA-approved
state job safety and health program.
As defined by the Act, an employer is any "person engaged in a
business affecting commerce who has employees, but does not include
the United States or any state or political subdivision of a
State." Therefore, the Act applies to employers and employees in
such varied fields as manufacturing, construction, longshoring,
agriculture, law and medicine, charity and disaster relief,
organized labor and private education. Such coverage includes
religious groups to the extent that they employ workers for secular
purposes.
The following are not covered by the Act:
Self-employed persons
Farms at which only immediate members of the farmer's family are
employed
Working conditions regulated by other federal agencies under other
federal statutes. This category includes most employment in mining,
nuclear energy and nuclear weapons manufacture, and many segments
of the transportation industries.
When another federal agency is authorized to regulate safety and
health working conditions in a particular industry, if it does not
do so in specific areas, then OSHA requirements apply.
As OSHA develops effective safety and health regulations of its
own, safety and health regulations originally issued under the
following laws administered by the Department of Labor are
superseded: the Walsh-Healey Act, the Service Contract Act, the
Contract Work Hours and Safety Standards Act, the Arts and
Humanities Act, and the Longshore and Harbor Workers' Compensation
Act.
Basic Provisions/Requirements
The Act assigns to OSHA two principal functions: setting standards
and conducting workplace inspections to assure employers are
complying with the standards and providing a safe and healthful
workplace. OSHA standards may require conditions, or the adoption
or use of one or more practices, means, methods or processes
reasonably necessary and appropriate to protect workers on the job.
It is the responsibility of employers to become familiar with
standards applicable to their establishments, to eliminate
hazardous conditions to the extent possible, and to comply with the
standards. Compliance may include assuring that employees have and
use personal protective equipment when required for safety or
health. Employees must comply with all rules and regulations that
are applicable to their own actions and conduct.
Where OSHA has not promulgated a specific standard, employers are
responsible for complying with the OSH Act's "general duty" clause.
The general duty clause of the Act [Section 5(a)(1)] states that
each employer "shall furnish . . . a place of employment which is
free from recognized hazards that are causing or are likely to
cause death or serious physical harm to his employees."
States with OSHA-approved job safety and health programs must set
standards that are at least as effective as the equivalent federal
standard. Many state-plan states adopt standards identical to the
federal ones.
Federal OSHA Standards
These fall into four major categories: general industry (29 CFR
1910), construction (29 CFR 1926), maritime - shipyards, marine
terminals, longshoring - (29 CFR 1915-19), and agriculture (29 CFR
1928).
Each of these four categories of standards imposes requirements
that are, in some cases, identical for each category of employers;
in others, they are either absent or vary somewhat.
Among the standards that impose similar requirements on all
industry sectors are those for access to medical and exposure
records, personal protective equipment, and hazard communication.
Access to Medical and Exposure Records: This standard requires that
employers grant employees access to any of their medical records
maintained by the employer and to any records the employer
maintains on the employees' exposure to toxic substances.
Personal Protective Equipment: This standard, included separately
in the standards for each industry segment (except agriculture)
requires that employers provide employees, at no cost to employees,
with personal protective equipment designed to protect them against
certain hazards. This can range from protective helmets in
construction and cargo handling work to prevent head injuries, to
eye protection, hearing protection, hard-toed shoes, special
goggles (for welders, for example) and gauntlets for iron workers.
Hazard Communication: This standard requires that manufacturers and
importers of hazardous materials conduct a hazard evaluation of the
products they manufacture or import. If the product is found to be
hazardous under the terms of the standard, containers of the
material must be appropriately labeled and the first shipment of
the material to a new customer must be accompanied by a material
safety data sheet (MSDS). Receiving employers must train their
employees, using the MSDSs they receive, to recognize and avoid the
hazards the materials present.
In general, however, all employers should be aware that any hazard
not covered by an industry-specific standard may be covered by a
general industry standard or by the general duty clause. This
coverage becomes important in the enforcement aspects of OSHA's
work.
Other types of requirements are imposed by regulation rather than
by a standard. OSHA regulations cover such items as record-keeping,
reporting and posting.
Record-keeping: Every employer covered by OSHA who has more than 10
employees must maintain OSHA-specified records of job-related
injuries and illnesses. There are two such records, the OSHA Form
200 and the OSHA Form 101.
The OSHA Form 200 is an injury/illness log, with a separate line
entry for each recordable injury or illness (essentially those
work-related deaths, injuries and illnesses other than minor
injuries that require only first aid treatment and that do not
involve medical treatment, loss of consciousness, restriction of
work or motion, or transfer to another job). A summary section of
the OSHA Form 200, which includes the total of the previous year's
injury and illness experience, must be posted in the workplace for
the entire month of February each year.
The OSHA Form 101 is an individual incident report that provides
added detail about each individual recordable injury or illness. A
suitable insurance or worker compensation form that provides the
same details may be substituted for the OSHA Form 101.
Unless an employer has been selected in a particular year to be
part of a national survey of workplace injuries and illnesses
conducted by the Department of Labor's Bureau of Labor Statistics
(BLS), employers with ten or fewer employees or employers in
traditionally low-hazard industries are exempt from maintaining
these records; all employers selected for the BLS survey must
maintain the records. Employers so selected will be notified before
the end of the year to begin keeping records during the coming
year, and technical assistance on completing these forms is
available from the state offices which select these employers for
the survey.
Industries designated as traditionally low hazard include:
automobile dealers; apparel and accessory stores; furniture and
home furnishing stores; eating and drinking places; finance,
insurance, and real estate industries; and service industries, such
as personal and business services, legal, educational, social and
cultural services and membership organizations.
Reporting: In addition to selected employers each year being
required to report their injury and illness experience, each
employer, regardless of number of employees or industry category,
must report to the nearest OSHA office within 48 hours any accident
that results in one or more fatalities or hospitalization of five
or more employees. Such accidents are often investigated by OSHA to
determine whether violations of standards contributed to the event.
Workplace Inspections
To enforce its standards, OSHA is authorized under the Act to
conduct workplace inspections. Every establishment covered by the
Act is subject to inspection by OSHA compliance safety and health
officers (CSHOs), who are chosen for their knowledge and experience
in the occupational safety and health field. CSHOs are thoroughly
trained in OSHA standards and in the recognition of safety and
health hazards. Similarly, states with their own occupational
safety and health programs conduct inspections using qualified
state CSHOs.
Employee Rights
Employees are granted several important rights by the Act. Among
them are the right to: complain to OSHA about safety and health
conditions in their workplace and have their identity kept
confidential from the employer, contest the time period OSHA allows
for correcting standards violations, and participate in OSHA
workplace inspections.
Anti-Discrimination Provisions
Private sector employees who exercise their rights under OSHA can
be protected against employer reprisal. Employees must notify OSHA
within 30 days of the time they learned of the alleged
discriminatory action. This notification is followed by an OSHA
investigation. If OSHA agrees that discrimination has occurred, the
employer will be asked to restore any lost benefits to the affected
employee. If necessary, OSHA can take the employer to court. In
such cases, the worker pays no legal fees.
Assistance Available
Copies of Standards
The Federal Register is one of the best sources of information on
standards, since all OSHA standards are published there when
adopted, as are all amendments, corrections, insertions or
deletions. The Federal Register, published five days a week, is
available in many public libraries. Annual subscriptions are
available from the Superintendent of Documents, U.S. Government
Printing Office (GPO), Washington, DC 20402. For the current price,
contact GPO at (202) 783-3238.
Each year the Office of the Federal Register publishes all current
regulations and standards in the Code of Federal Regulations (CFR),
available at many public libraries and from GPO. OSHA's regulations
and standards are collected in several volumes in Title 29 CFR,
Parts 1900-1999.
Since states with OSHA-approved job safety and health programs
adopt and enforce their own standards under state law, copies of
these standards can be obtained from the individual states.
Addresses and phone numbers are found beginning on page 60 in the
appendix.
Training and Education
OSHA's field offices (more than 70) are full-service centers
offering a variety of informational services such as publications,
technical advice, audio-visual aids on workplace hazards, and
lecturers for speaking engagements.
The OSHA Training Institute in Des Plaines, IL, provides basic and
advanced training and education in safety and health for federal
and state CSHOs; state consultants; other federal agency personnel;
and private sector employers, employees and their representatives.
Institute courses cover topics such as electrical hazards, machine
guarding, ventilation and ergonomics. The Institute facility
includes classrooms, laboratories, a library and an audio-visual
unit. The laboratories contain various demonstrations and
equipment, such as power presses, woodworking and welding shops, a
complete industrial ventilation unit, and a noise demonstration
laboratory. Sixty-three courses are available for students from the
private sector dealing with subjects such as safety and health in
the construction industry and methods of voluntary compliance with
OSHA standards.
OSHA also provides funds to nonprofit organizations to conduct
workplace training and education in subjects where OSHA believes
there is a current lack of workplace training. OSHA identifies
areas of unmet needs for safety and health education in the
workplace annually and invites grant applications to address these
needs. The Training Institute is OSHA's point of contact for
learning about the many valuable training products and materials
developed under such grants.
Organizations awarded grants use funds to develop training and
educational programs, reach out to workers and employers for whom
their program is appropriate, and provide these programs to
employers and employees.
Grants are awarded annually, with a one-year renewal possible.
Grant recipients are expected to contribute 20 percent of the total
grant cost.
While OSHA does not provide grant materials directly, it will
provide addresses and phone numbers of contact persons from whom
the public can order such materials for its use. Contact the OSHA
Training Institute at (708) 297-4810.
Consultation Assistance
Consultation assistance is available to employers who want help in
establishing and maintaining a safe and healthful workplace.
Largely funded by OSHA, the service is provided at no cost to the
employer.
No penalties are proposed or citations issued for hazards
identified by the consultant.
The service is provided to the employer with the assurance that his
or her name and firm and any information about the workplace will
not be routinely reported to OSHA inspection staff.
Besides helping employers identify and correct specific hazards,
consultation can include assistance in developing and implementing
effective workplace safety and health programs with emphasis on the
prevention of worker injuries and illnesses. Limited assistance
such as training and education services, is also provided away from
the worksite.
Primarily targeted for smaller employers with more hazardous
operations, the consultation service is delivered by state
government agencies or universities employing professional safety
consultants and health consultants. When delivered at the worksite,
consultation assistance includes an opening conference with the
employer to explain the ground rules for consultation, a walk
through the workplace to identify any specific hazards and to
examine those aspects of the employer's safety and health program
which relate to the scope of the visit, and a closing conference
followed by a written report to the employer of the consultant's
findings and recommendations.
This process begins with the employer's request for consultation
and the commitment to correct any serious job safety and health
hazards identified by the consultant. Possible violations of OSHA
standards will not be reported to OSHA enforcement staff unless the
employer fails or refuses to eliminate or control worker exposure
to any identified serious hazard or imminent danger situation. In
such unusual circumstances, OSHA may investigate and begin
enforcement action.
Employers who receive a comprehensive consultation visit, correct
all identified hazards, and demonstrate that an effective safety
and health program is in operation may be exempted from OSHA
general schedule enforcement inspections (not complaint or accident
investigations) for a period of one year. Comprehensive
consultation assistance includes an appraisal of all work
practices; mechanical, physical, and environmental hazards in the
workplace; and, all aspects of the employer's present job safety
and health program.
Additional information concerning consultation assistance,
including a directory of OSHA-funded consultation projects, can be
obtained by requesting OSHA publication No. 3047, Consultation
Services for the Employer.
Voluntary Protection Programs
The Voluntary Protection Programs (VPPs) represent one part of
OSHA's effort to extend worker protection beyond the minimum
required by OSHA standards. These programs, along with others such
as expanded on-site consultation services and full-service area
offices, are cooperative approaches which, when coupled with an
effective enforcement program, expand worker protection to help
meet the goals of the Occupational Safety and Health Act of 1970.
The VPPs are designed to:
Recognize outstanding achievement of those who have successfully
incorporated comprehensive safety and health programs into their
total management system
Motivate others to achieve excellent safety and health results in
the same outstanding way
Establish a relationship between employers, employees, and OSHA
that is based on cooperation rather than coercion
OSHA reviews an employer's VPP application and conducts an on-site
review to verify that the safety and health program described is in
operation at the site. Evaluations are conducted on a regular
basis, annually for Merit and Demonstration programs, and
triennially for Star. All participants must send their injury
information annually to their OSHA regional office. Sites
participating in the VPP are not scheduled for programmed
inspections; however, any employee complaints, serious accidents or
significant chemical releases that may occur are handled according
to routine enforcement procedures.
An employer may make application for any VPP at the nearest OSHA
regional office. Once OSHA is satisfied that, on paper, the
employer qualifies for the program, an onsite review will be
scheduled. The review team presents its findings in a written
report for the company's review prior to submission to the
Assistant Secretary of Labor, who heads OSHA. If approved, the
employer receives a letter from the Assistant Secretary informing
the site of its participation in the VPP. A certificate of approval
and flag are presented at a ceremony held at or near the approved
worksite. Star sites receiving reapproval after each triennial
evaluation receive plaques at similar ceremonies.
The VPPs described are available in states under federal
jurisdiction. Some states with their own safety and health programs
have similar programs. Interested companies in these states should
contact the appropriate state agency for more information (see list
beginning on page 59).
Information Sources
Information about state programs, VPP, consultation programs, and
inspections can be obtained from the nearest OSHA field office, or
from one of the 10 regional OSHA offices listed, beginning on page
63 in the appendix. The listing indicates the states and
territories under the jurisdiction of each regional office. Area
offices under regional office jurisdiction are listed in local
phone directories under U.S. Government listings for the U.S
Department of Labor.
Other Sources
A single free copy of an OSHA catalog, OSHA 2019, "OSHA
Publications and Audiovisual Programs," may be obtained by mailing
a self-addressed mailing label to the OSHA Publications Office,
Room N3101, US Department of Labor, Washington, DC 20210; telephone
(202) 219-9667. Descriptions of and ordering information for all
OSHA publications and audiovisual programs are contained in this
catalog.
Questions about OSHA programs, the status of ongoing
standards-setting activities, and general inquiries about OSHA may
be addressed to the OSHA Office of Information & Consumer Affairs,
Room N3637, U.S. Department of Labor, Washington, DC 20210;
telephone (202) 219-8151.
Those who are interested in following OSHA activities more closely
may be interested in subscribing to OSHA's official magazine, Job
Safety & Health Quarterly. Subscription orders may be placed with
the Superintendent of Documents, Government Printing Office,
Washington, DC 20402; telephone (202) 783-3238. Orders by phone may
be charged to VISA or MASTERCARD. Written orders should be
accompanied by a check or money order made payable to
"Superintendent of Documents" in the amount of $5.50 (international
orders add 25%).
Penalties
These are the types of violations that may be cited and the
penalties that may be proposed:
Other-Than-Serious Violation: A violation that has a direct
relationship to job safety and health, but probably would not cause
death or serious physical harm. A proposed penalty of up to $7,000
for each violation is discretionary. A penalty for an
other-than-serious violation may be adjusted downward by as much as
95 percent, depending on the employer's good faith (demonstrated
efforts to comply with the Act), history of previous violations,
and size of business. When the adjusted penalty amounts to less
than $50, no penalty is proposed.
Serious Violation: A violation where there is substantial
probability that death or serious physical harm could result and
that the employer knew, or should have known, of the hazard. A
mandatory penalty of up to $7,000 for each violation is proposed.
A penalty for a serious violation may be adjusted downward, based
on the employer's good faith, history of previous violations, the
gravity of the alleged violation, and size of business.
Willful Violation: A violation that the employer intentionally and
knowingly commits. The employer either knows that what he or she is
doing constitutes a violation, or is aware that a hazardous
condition existed and has made no reasonable effort to eliminate
it.
The Act provides that an employer who willfully violates the Act
may be assessed a civil penalty of not more than $70,000 but not
less than $5,000 for each violation. A proposed penalty for a
willful violation may be adjusted downward, depending on the size
of the business and its history of previous violations. Usually no
credit is given for good faith.
If an employer is convicted of a willful violation of a standard
that has resulted in the death of an employee, the offense is
punishable by a court-imposed fine or by imprisonment for up to six
months, or both. A fine of up to $250,000 for an individual, or
$500,000 for a corporation [authorized under the Comprehensive
Crime Control Act of 1984 (1984 CCA), not the OSH Act], may be
imposed for a criminal conviction.
Repeated Violation: A violation of any standard, regulation, rule
or order where, upon reinspection, a substantially similar
violation is found. Repeated violations can bring a fine of up to
$70,000 for each such violation. To be the basis of a repeat
citation, the original citation must be final; a citation under
contest may not serve as the basis for a subsequent repeat
citation.
Failure to Correct Prior Violation: Failure to correct a prior
violation may bring a civil penalty of up to $7,000 for each day
the violation continues beyond the prescribed abatement date.
Additional violations for which citations and proposed penalties
may be issued are as follows:
Falsifying records, reports or applications upon conviction can
bring a fine of $10,000 or up to six months in jail, or both
Violations of posting requirements can bring a civil penalty of up
to $7,000
Assaulting a compliance officer, or otherwise resisting, opposing,
intimidating, or interfering with a compliance officer in the
performance of his or her duties is a criminal offense, subject to
a fine of not more than $250,000 for an individual and $500,000 for
a corporation (1984 CCA) and imprisonment for not more than three
years
Citation and penalty procedures may differ somewhat in states with
their own occupational safety and health programs.
Appeals Process
Appeals by Employees: If an inspection was initiated due to an
employee complaint, the employee or authorized employee
representative may request an informal review of any decision not
to issue a citation.
Employees may not contest citations, amendments to citations,
penalties or lack of penalties. They may contest the time in the
citation for abatement of a hazardous condition. They also may
contest an employer's Petition for Modification of Abatement (PMA)
which requests an extension of the abatement period. Employees must
contest the PMA within 10 working days of its posting or within 10
working days after an authorized employee representative has
received a copy.
Within 15 working days of the employer's receipt of the citation,
the employee may submit a written objection to OSHA. The OSHA area
director forwards the objection to the Occupational Safety and
Health Review Commission, which operates independently of OSHA.
Employees may request an informal conference with OSHA to discuss
any issues raised by an inspection, citation, notice of proposed
penalty or employer's notice of intention to contest.
Appeals by Employers: When issued a citation or notice of a
proposed penalty, an employer may request an informal meeting with
OSHA's area director to discuss the case. Employee representatives
may be invited to attend the meeting. The area director is
authorized to enter into settlement agreements that revise
citations and penalties to avoid prolonged legal disputes.
Petition for Modification of Abatement (PMA): Upon receiving a
citation, the employer must correct the cited hazard by the
prescribed date unless he or she contests the citation or abatement
date. If factors beyond the employer's reasonable control prevent
the completion of corrections by that date, the employer who has
made a good faith effort to comply may file a PMA for an extended
date.
The written petition should specify all steps taken to achieve
compliance, the additional time needed to achieve complete
compliance, the reasons this additional time is needed, and all
temporary steps being taken to safeguard employees against the
cited hazard during the intervening period. It should also indicate
that a copy of the PMA was posted in a conspicuous place at or near
each place where a violation occurred, and that the employee
representative (if there is one) received a copy of the petition.
Notice of Contest: If the employer decides to contest either the
citation, the time set for abatement, or the proposed penalty, he
or she has 15 working days from the time the citation and proposed
penalty are received in which to notify the OSHA area director in
writing. An orally expressed disagreement will not suffice. This
written notification is called a "Notice of Contest."
There is no specific format for the Notice of Contest; however, it
must clearly identify the employer's basis for contesting the
citation, notice of proposed penalty, abatement period, or
notification of failure to correct violations.
A copy of the Notice of Contest must be given to the employees'
authorized representative. If any affected employees are not
represented by a recognized bargaining agent, a copy of the notice
must be posted in a prominent location in the workplace, or else
served personally upon each unrepresented employee.
Appeal Review Procedure
If the written Notice of Contest has been filed within the required
15 working days, the OSHA area director forwards the case to the
Occupational Safety and Health Review Commission (OSHRC). The
Commission is an independent agency not associated with OSHA or the
Department of Labor. The Commission assigns the case to an
administrative law judge.
The judge may disallow the contest if it is found to be legally
invalid, or a hearing may be scheduled for a public place near the
employer's workplace. The employer and the employees have the right
to participate in the hearing; the OSHRC does not require that they
be represented by attorneys.
Once the administrative law judge has ruled, any party to the case
may request a further review by OSHRC. Any of the three OSHRC
commissioners also may, at his or her own motion, bring a case
before the Commission for review. Commission rulings may be
appealed to the appropriate U.S. Court of Appeals.
Appeals In State-Plan States
States with their own occupational safety and health programs have
a state system for review and appeal of citations, penalties, and
abatement periods. The procedures are generally similar to Federal
OSHA's, but cases are heard by a state review board or equivalent
authority.
Relation to State, Local and Other Federal Laws
As discussed above in the section titled "Who is Covered," Federal
OSHA has jurisdiction over workplace safety and health issues in
all states that do not operate their own OSHA-approved programs. In
fact, any occupational safety and health issues regulated by a
state that does not have an OSHA-approved program are preempted by
OSHA jurisdiction.
The agency also covers all working conditions that are not covered
by safety and health regulations of some other federal agency under
other legislation. Industries where such regulations frequently
apply include most transportation industries (rail, air and highway
safety are under the Department of Transportation), nuclear
industries (covered either by the Department of Energy or the
Nuclear Regulatory commission) and mining (covered by the
Department of Labor's Mine Safety and Health Administration, and
discussed elsewhere in this publication). OSHA also has the
authority to monitor the safety and health of federal employees.
5. EMPLOYEE BENEFIT PLANS
Employee Retirement Income Security Act (ERISA), 29 USC §1001 et
seq., 29 CFR §2509 et seq.
Who is Covered
The provisions of Title I of ERISA are intended to require
compliance from most private sector employee benefit plans.
Employee benefit plans are voluntarily established and maintained
by an employer, an employee organization, or jointly by one or more
such employers and the employee organization. Employee benefit
plans which are pension plans are established and maintained to
provide retirement income or to defer income to termination of
covered employment or beyond. Employee benefit plans which are
welfare plans are established and maintained to provide, through
insurance or otherwise, health benefits, disability benefits, death
benefits, prepaid legal services, vacation benefits, day care
centers, scholarship funds, apprenticeship and training benefits,
or other similar benefits.
In general, ERISA does not cover plans established or maintained by
governmental entities or churches for their employees, or plans
which are maintained solely to comply with applicable workers
compensation, unemployment or disability laws. ERISA also does not
cover plans maintained outside the United States primarily for the
benefit of nonresident aliens or unfunded excess benefit plans.
Basic Provisions/Requirements
ERISA sets uniform minimum standards to assure the equitable
character of employee benefit plans and their financial soundness
to provide workers with benefits promised by their employers. In
addition, employers have an obligation to provide promised benefits
and satisfy ERISA's requirements on managing and administering
private pension and welfare plans. The Department's Pension and
Welfare Benefits Administration (PWBA), together with the Internal
Revenue Service (IRS), carries out its statutory and regulatory
authority to assure that workers receive the promised benefits. The
Department has principal jurisdiction over Title I of ERISA, which
requires persons and entities who manage and control plan funds to:
Carry out their duties in a prudent manner and refrain from
conflict-of-interest transactions expressly prohibited by law, for
the exclusive benefit of participants and beneficiaries
Comply with limitations on certain plans' investments in employer
securities and properties
Fund benefits in accordance with the law and plan rules
Report and disclose information on the operations and financial
condition of plans to the government and participants
Provide documents required in the conduct of investigations to
assure compliance with the law
The IRS administers Title II of ERISA, which includes vesting
participation, discrimination and funding standards.
Reporting and Disclosure
Part 1 of Title I requires the administrator of an employee benefit
plan to furnish participants and beneficiaries with a summary plan
description (SPD), describing in understandable terms, their
rights, benefits and responsibilities under the plan. Plan
administrators are also required to furnish participants with a
summary of any material changes to the plan or changes to the
information contained in the summary plan description. Generally,
copies of these documents must be filed with the Department.
In addition, the administrator must file an annual report (Form
5500 Series) each year containing financial and other information
concerning the operation of the plan. Plans with 100 or more
participants must file the Form 5500. Plans with fewer than 100
participants file the Form 5500-C at least every third year and may
file a Form 5500-R, an abbreviated report, in the two intervening
years. The forms are filed with the Internal Revenue Service, which
furnishes the information to the Department of Labor. Welfare
benefit plans with fewer than 100 participants that are fully
insured or unfunded (i.e., benefits are provided exclusively
through insurance contracts where the premiums are paid directly
from the general assets of the employer or the benefits are paid
from the general assets of the employer) are not required to file
an annual report under regulations issued by the Department. Plan
administrators must furnish participants and beneficiaries with a
summary of the information in the annual report.
The Department's regulations governing reporting and disclosure
requirements are set forth at 29 CFR §2520.101-1 et seq.
Fiduciary Standards
Part 4 sets forth standards and rules governing the conduct of plan
fiduciaries. In general, persons who exercise discretionary
authority or control regarding management of a plan or disposition
of its assets are "fiduciaries" for purposes of Title I of ERISA.
Fiduciaries are required, among other things, to discharge their
duties solely in the interest of plan participants and
beneficiaries and for the exclusive purpose of providing benefits
and defraying reasonable expenses of administering the plan. In
discharging their duties, fiduciaries must act prudently and in
accordance with documents governing the plan, to the extent such
documents are consistent with ERISA. Certain transactions between
an employee benefit plan and "parties in interest," which include
the employer and others who may be in a position to exercise
improper influence over the plan, are prohibited by ERISA. Most of
these transactions are also prohibited by the Internal Revenue Code
("Code"). The Code imposes an excise tax on "disqualified persons"
-- whose definition generally parallels that of parties in interest
-- who participate in such transactions.
Exemptions
Both ERISA and the Code contain various statutory exemptions from
the prohibited transaction rules and give the Departments of Labor
and Treasury, respectively, authority to grant administrative
exemptions and establish exemption procedures. Reorganization Plan
No. 4 of 1978 transferred the authority of the Treasury Department
over prohibited transaction exemptions, with certain exceptions, to
the Labor Department.
The statutory exemptions generally include loans to participants,
the provision of services necessary for operation of a plan for
reasonable compensation, loans to employee stock ownership plans,
and investment with certain financial institutions regulated by
other State or Federal agencies. (See ERISA section 408 for the
conditions of the exemptions.) Administrative exemptions may be
granted by the Department on a class or individual basis for a wide
variety of proposed transactions with a plan. Applications for
individual exemptions must include, among other information:
Percentage of assets involved in the exemption transaction
The names of persons with investment discretion
Extent of plan assets already invested in loans to, property leased
by, and securities issued by parties in interest involved in the
transaction
Copies of all contracts, agreements, instruments and relevant
portions of plan documents and trust agreements bearing on the
exemption transaction
Information regarding plan participation in pooled funds when the
exemption transaction involves such funds
Declaration, under penalty of perjury by the applicant, attesting
to the truth of representations made in such exemption submissions
Statement of consent by third-party experts acknowledging that
their statement is being submitted to the Department as part of an
exemption application
The Department's exemption procedures are set forth at 29 CFR
§2570.30 through 2570.51.
Enforcement
ERISA imposes substantial law enforcement responsibilities on the
Department. Part 5 of ERISA Title I gives the Department authority
to bring a civil action to correct violations of the law, gives
investigative authority to determine whether any person has
violated Title I, and imposes criminal penalties on any person who
willfully violates any provision of Part 1 of Title V.
Continuation Health Coverage
Continuation health care provisions were enacted as part of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).
These provisions cover group health plans of employers with 20 or
more employees on a typical working day in the previous calendar
year. COBRA gives participants and beneficiaries an election to
maintain at their own expense coverage under their health plan at
a cost that is comparable to what it would be if they were still
members of the employer's group. Employers and plan administrators
have an obligation to determine specific rights of beneficiaries
with respect to election, notification and type of coverage
options. (See 29 USC §§1161 through 1168). Plans must give covered
individuals an initial general notice informing them of their
rights under COBRA and describing the law. Plan administrators are
required to provide specific notices when certain events occur. In
most instances of employee death, termination, reduced hours of
employment, entitlement to Medicare, or bankruptcy, it becomes the
employer's responsibility to provide a specific notice to the plan
administrator.
The Department has limited regulatory and interpretative
jurisdiction over COBRA provisions. Its responsibility includes the
COBRA notification and disclosure provisions.
Jurisdiction of the Internal Revenue Service
The IRS has regulatory and interpretative responsibility for all
provisions of COBRA not under DOL's jurisdiction. (See IRS proposed
regulations in the Federal Register of June 14, 1987 (52 FR
22716).) In addition, ERISA provisions relating to participation,
vesting, funding and benefit accrual, contained in parts 2 and 3 of
Title I, are generally administered and interpreted by the Internal
Revenue Service.
Assistance Available
PWBA has numerous general publications designed to assist employers
and employees in understanding their obligations and rights under
ERISA. Publications -- a listing of PWBA booklets and pamphlets --
is available by writing to: Publications Desk, PWBA, Division of
Public Affairs, Room N-5511, 200 Constitution Ave., NW, Washington,
DC 20210.
In addition, employee benefit plan documents and other materials
are available from the PWBA Public Disclosure Room. This facility
may be used to view and to obtain copies of materials on file.
Materials include: summary plan descriptions, Form 5500 Series
reports, Master Trust reports, 103-12 Investment Entity Reports,
Common or Collective Trust or Pooled Separate Account direct
filings, Apprentice and Other Training Plans notices, "Top Hat"
plan statements, advisory opinions, announcements and transcripts
of public hearings and proceedings.
The PWBA Public Disclosure Room is open to the public Monday
through Friday, from 8:30 a.m. to 4:30 p.m. Copies of materials are
available at a cost of 15 cents per page by ordering in person or
writing to: PWBA Public Disclosure Room, U.S. Department of Labor,
Room N-5507, 200 Constitution Ave., NW, Washington, DC 20210.
Given the complexity of ERISA requirements, employers may seek the
assistance of an attorney, CPA firm, investment or brokerage firm,
and other employee benefit consultants in complying with the law.
Penalties
PWBA has authority to assess civil penalties for reporting
violations and prohibited transactions involving a plan under ERISA
Section 502(c). A penalty of up to $1,000 per day may be assessed
against plan administrators who fail to or refuse to comply with
annual reporting requirements. Section 502(i) gives the agency
authority to assess civil penalties against parties in interest who
engage in prohibited transactions with welfare and nonqualified
pension plans. The penalty can range from five percent to 100
percent of the amount involved in a transaction. A parallel
provision of the Code directly imposes an excise tax against
disqualified persons, including employee benefit plan sponsors and
service providers, who engage in prohibited transactions with
tax-qualified pension and profit sharing plans. Finally, the
Department is required under Section 502(l) to assess mandatory
civil penalties equal to 20 percent of any amount recovered with
respect to fiduciary breaches resulting from either a settlement
agreement with the Department or a court order as the result of a
lawsuit by the Department.
Relation to State, Local and Other Federal Laws
Part 5 of Title I provides that the provisions of ERISA Titles I
and IV supersede state and local laws which "relate to" an employee
benefit plan. ERISA, however, saves certain state and local laws
from ERISA preemption, including certain exceptions for state
insurance regulation of multiple employer welfare arrangements
(MEWAs). MEWAs generally constitute employee welfare benefit plans
or other arrangements providing welfare benefits to employees of
more than one employer, not pursuant to a collective bargaining
agreement.
In addition, ERISA's general prohibitions against assignment or
alienation of pension benefits does not apply to qualified domestic
relations orders. These orders must be made pursuant to state
domestic relations law and award all or part of a participant's
benefit in the form of child support, alimony, or marital property
rights to an alternative payee (spouse, former spouse, child or
other dependent). Plan administrators must comply with the terms of
such orders.
6. WHISTLEBLOWER PROTECTION
Employee Protection (Whistleblower) Provisions -- Clean Air Act
(Title 42 U.S. Code, Section 7622); Comprehensive Environmental
Response, Compensation and Liability Act (Title 42 U.S. Code,
Section 9610); Energy Reorganization Act of 1974 (Title 42 U.S.
Code, Section 5851); Safe Drinking Water Act (Title 42 U.S. Code,
Section 300j-9(i)); Solid Waste Disposal Act (Title 42 U.S. Code,
Section 6971); Toxic Substances Control Act (Title 15 U.S. Code,
Section 2622); Federal Water Pollution Control Act (Title 33 U.S.
Code, Section 1367); 29 CFR 24).
Who is covered
These environmental Acts provide protection from discharge or other
discriminatory actions by employers in retaliation for employees'
good faith complaints about safety and health hazards in the
workplace. The Acts cover all private sector employers.
Basic Provisions/Requirements
The employee protection provisions of these Acts prohibit employers
from discharging or otherwise discriminating against employees in
retaliation for their disclosure of safety and health hazards to
the employer or to the appropriate federal agency. They also
protect employee participation in formal government proceedings in
connection with safety and health hazards. The Acts specifically
exclude from protection the disclosure of hazards deliberately
caused by an employee. Additionally, the statutes do not protect
"frivolous" complaints. Employees have the right under the Acts to
refuse to work in hazardous or unsafe situations.
Employees who believe they have been discriminated against in
violation of these protective provisions may file a complaint,
within 30 days of the alleged violation, with the Employment
Standards Administration's Wage and Hour Division.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Upon receipt of a complaint, the Wage and Hour Division conducts an
investigation to determine whether a violation has occurred. When
a violation has occurred, the employer is notified of the violation
determination and efforts are made to conciliate the situation. The
employer may appeal a violation determination to an administrative
law judge, if done within 5 calendar days of the notification of
the determination. The administrative law judge's decision is
referred to the Secretary of Labor for a final order. The Secretary
may affirm or set aside the administrative law judge's decision.
Where the Secretary concludes that a violation has occurred,
his/her final order may instruct the employer to take affirmative
action to abate the violation and provide for appropriate relief,
which may include restoration of back pay, employment status and
benefits. The Secretary may also order the employer to provide
compensatory damages to the employee. If dissatisfied with the
Secretary's decision, the employer may appeal in federal court.
Final determinations on violations are enforceable through the
courts. The employee is entitled to similar appeal rights under the
Acts.
Relation to State, Local and Other Federal Laws
The current whistleblower programs do not preempt existing state
statutes and common law claims. All provisions contained in the
programs are in addition to protection provided by state laws.
7. VETERANS
Veterans' Reemployment Rights Act (VRR).
Who is Covered
VRR applies to persons who are inducted into the Armed Forces, to
persons who volunteer directly for active duty and to Reservists
and members of the National Guard who are called to active duty
either voluntarily or involuntarily. In addition, VRR covers
members of the Reserves and National Guard during initial active
duty training, active duty for training and inactive duty training.
Basic Provisions/Requirements
Veterans returning from active duty must meet the following five
eligibility requirements to be covered by VRR:
Held an "other than temporary" (not necessarily "permanent")
civilian job
Left the civilian job for the purpose of going on active duty
Did not remain on active duty longer than 4 years, unless the
period beyond 4 years (up to an additional year) was "at the
request and for convenience of the Federal Government"
Was discharged or released from active duty "under honorable
conditions"
Applied for reemployment with the pre-service employer or successor
in interest within 90 days after separation from active duty
Eligible veterans are entitled to reinstatement within a reasonable
time to a position of like seniority, status and pay. In addition,
the returning veterans do not step back on the seniority escalator
at the point they stepped off. Rather the veterans step back on at
the precise point that they would have occupied had they kept the
position continuously during the military service.
VRR provides that a reservist or member of the National Guard shall
upon request be granted a leave of absence by such person's
employer to perform active duty training or inactive duty training
and that the employee shall not be denied retention in employment
or any promotion or other incident or advantage of employment
because of any obligation as a member of a Reserve component of the
Armed Forces. In addition, while the employer is not required to
pay the Reservist or National Guard member for the hours or days
not worked because of military training obligations, it is unlawful
to require the employee to use earned vacation time for military
training.
A person who leaves a civilian job in order to perform active duty
is not required to request a leave of absence or even to notify the
employer that military service is the reason for leaving the job,
although such a person is encouraged to provide the employer with
as much information as possible. However, a Reservist or member of
the National Guard must request a leave of absence when leaving the
civilian job to perform active duty training or inactive duty
training.
VRR is enforced by DOL's Veterans' Employment and Training Service
(VETS).
Assistance Available
VETS has published two fact sheets covering the veteran
reemployment and job rights. These are OASVET 90-09 entitled "Job
Rights for Reservists and Members of the National Guard" and OAVET
90-10 entitled "Reemployment Rights for Returning Veterans."
Copies of these and other VETS' publications or answers to
questions on VRR may be obtained from the nearest VETS office, as
listed beginning on page 67 in the appendix.
Penalties
Not Applicable.
Relation to State, Local and Other Federal Laws
The VRR does not preempt state laws providing greater or additional
rights, but it does preempt state laws providing lesser rights or
imposing additional eligibility criteria.
8. PLANT CLOSINGS AND MASS LAYOFFS
Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C.
2101 et seq.; 20 CFR Part 639.
Who is Covered
In general, employers are covered by WARN if they have 100 or more
employees, not counting employees who have worked less than 6
months in the last 12 months and not counting employees who work an
average of less than 20 hours a week. Regular federal, state and
local government entities which provide public services are not
covered. Employees entitled to notice under WARN include hourly and
salaried workers, as well as managerial and supervisory employees.
Basic Provisions/Requirements
WARN requires employers to provide notice 60 days in advance of
covered plant closings and covered mass layoffs. This notice must
be provided to affected workers or their representatives (e.g., a
labor union), to the state dislocated worker unit, and to the
appropriate local government.
A covered plant closing occurs when a facility or operating unit is
shut down for more than 6 months, and 50 or more workers lose their
jobs as a result during a 30-day period. A covered mass layoff
occurs when a layoff of 6 months or longer affects 500 or more
workers, or 33 percent or more of the employer's workforce when the
layoffs affect between 50 and 499 workers. The number of affected
workers is the total number laid off during a 30-, or in some cases
90-, day period.
WARN does not apply to the closing of temporary facilities, or the
completion of an activity when the workers were hired only for the
duration of that activity. WARN also provides for less than 60 days
notice when the layoffs were the result of the closing a faltering
company, unforeseeable business circumstances, or a natural
disaster.
Assistance Available
The Department of Labor has published a pamphlet entitled "A Guide
to Advance Notice of Closings and Layoffs," which describes the
Worker Adjustment and Retraining Notification Act. Requests for
copies of the pamphlet, or general questions on the regulations,
may be addressed to:
U.S. Department of Labor
Employment and Training Administration
Office of Work-Based Learning
Room N-4469
200 Constitution Avenue, N.W. Washington, DC 20210
(202) 219-5577 (not a toll-free number)
The Department, since it does not have administrative or
enforcement authority under WARN, cannot provide specific advice or
guidance with respect to individual situations.
Penalties
An employer who violates the WARN provisions is liable to each
employee for an amount equal to back pay and benefits for the
period of the violation, up to 60 days. This may be reduced by the
period of any notice that was given, and any voluntary payments
made by the employer to the employee.
An employer who fails to provide the required notice to the unit of
local government is subject to a civil penalty not to exceed $500
for each day of violation. This may be avoided if the employer
satisfies the liability to each employee within 3 weeks after the
closing or layoff.
Enforcement of WARN requirements is through the United States
district courts. Workers, or their representatives, and units of
local government may bring individual or class action suits. The
Court may allow reasonable attorney's fees as part of any final
judgement.
Relation to State, Local and Other Federal Laws
WARN is in addition to, and does not preempt any other federal,
state or local law, or any employer/employee agreement which
requires other notification or benefit.
9. LIE DETECTOR TESTS
Employee Polygraph Protection Act of 1988 (29 U.S. Code, Section
2001 et seq.; 29 CFR Part 801).
Who is Covered
The Employee Polygraph Protection Act (EPPA) applies to most
private employers. Federal, state and local governments are not
covered by the law.
Basic Provisions/Requirements
The EPPA prohibits most private employers from using lie detector
tests either for pre-employment screening or during the course of
employment.
Employers are generally prohibited from requiring or requesting any
employee or job applicant to take a lie detector test, and from
discharging, disciplining, or discriminating against an employee or
prospective employee for refusing to take a test or for exercising
other rights under the Act. Employers may not use or inquire about
the results of a lie detector test or discharge or discriminate
against an employee, a prospective employee, or a former employee
for refusal to take a test, on the basis of the results of a test,
or for filing a complaint, or participating in a proceeding under
the Act.
The Act permits polygraph (a type of lie detector) tests to be
administered, subject to restrictions, to certain prospective
employees of security service firms (armored car, alarm, and
guard), and of pharmaceutical manufacturers, distributors and
dispensers.
The Act also permits polygraph testing, subject to restrictions, of
certain employees of private firms who are reasonably suspected of
involvement in a workplace incident (theft, embezzlement, etc.)
that resulted in specific economic loss or injury to the employer.
Where polygraph examinations are permitted, they are subject to
strict standards concerning the conduct of the test, including the
pretest, testing and post-testing phases. An examiner must also be
licensed and bonded or have professional liability coverage. The
Act strictly limits the disclosure of information obtained during
a polygraph test.
Assistance Available
The Act is administered and enforced by the Employment Standards
Administration's Wage and Hour Division. More detailed information,
including copies of explanatory brochures and regulatory and
interpretative materials, may be obtained by contacting the offices
listed beginning on page 53 in the appendix.
Penalties
The Secretary of Labor can bring court action to restrain violators
and assess civil money penalties up to $10,000 per violation
against violators. Employers who violate the law may be liable to
the employee or prospective employee for legal and equitable
relief, including employment, reinstatement, promotion and payment
of lost wages and benefits. Any person against whom a civil money
penalty is assessed may, within 30 days of the notice of
assessment, request a hearing before an administrative law judge.
If dissatisfied with the administrative law judge's decision, such
person may request a review of the decision by the Secretary of
Labor. Final determinations on violations are enforceable through
the courts.
Relation to State, Local and Other Federal Laws
The law does not preempt any provision of any state or local law or
any collective bargaining agreement which is more restrictive with
respect to lie detector tests.
10. WAGE GARNISHMENT
Title III, Consumer Credit Protection Act (15 U.S. Code, Sections
1671 et seq; 29 CFR 870).
Who is Covered
Title III of the Consumer Credit Protection Act (CCPA) protects
employees from being discharged by their employers because of
garnishment for any one indebtedness and limits the amount of
employees' earnings which may be garnished in any one week. Title
III applies to all individuals who receive personal earnings and to
their employers. Personal earnings include wages, salaries,
commissions, bonuses and income from a pension or retirement
program but does not ordinarily include tips.
The law applies in all 50 states, the District of Columbia, Puerto
Rico and all U.S. territories and possessions.
Basic Provisions/Requirements
Wage garnishment is a legal procedure through which the earnings of
an individual are required by court order to be withheld by an
employer for the payment of a debt. Title III prohibits an employer
from discharging an employee whose earnings have been subject to
garnishment for any one debt, regardless of the number of levies
made or proceedings brought to collect it. It does not, however,
protect an employee from discharge if the employee's earnings have
been subject to garnishment for a second or subsequent debts.
Title III also protects employees by limiting the amount of their
earnings that may be garnished in any workweek or pay period to the
lesser of 25 percent of disposable earnings or the amount by which
disposable earnings are greater than 30 times the federal minimum
hourly wage prescribed by section 6(a)(1) of the Fair Labor
Standards Act of 1938. This limit applies regardless of the number
of garnishment orders received by an employer. The federal minimum
wage is $4.25 per hour.
In court orders for child support or alimony, Title III allows up
to 50 percent of an employee's disposable earnings to be garnished
if the employee is supporting another spouse or child, and up to 60
percent for an employee who is not. An additional 5 percent may be
garnished for support payments which are more than 12 weeks in
arrears.
"Disposable earnings" is the amount of employee earnings left after
legally required deductions have been made for federal, state and
local taxes, Social Security, unemployment insurance and state
employee retirement systems. Other deductions which are not
required by law, e.g., union dues, health and life insurance, and
charitable contributions, are not subtracted from gross earnings
when calculating the amount of disposable earnings for garnishment
purposes.
Title III specifies that garnishment restrictions do not apply to
bankruptcy court orders and debts due for federal and state taxes.
Nor does it affect voluntary wage assignments, i.e., situations in
which workers voluntarily agree that their employers may turn over
some specified amount of their earnings to a creditor or creditors.
Assistance Available
Title III is administered and enforced by the Employment Standards
Administration's Wage and Hour Division. More detailed information,
including copies of explanatory brochures and regulatory and
interpretative materials, may be obtained by contacting the offices
listed beginning on page 53 in the appendix.
Penalties
Violations of Title III may result in the reinstatement of a
discharged employee, with back pay, and the correction of improper
garnishment amounts. Where violations cannot be resolved through
informal means, court action may be initiated to restrain and
remedy violations. Employers who willfully violate the discharge
provisions of the law may be prosecuted criminally and fined up to
$1,000, or imprisoned for not more than one year, or both.
Relation to State, Local and Other Federal Laws
If a state wage garnishment law differs from Title III, the law
resulting in the smaller garnishment, or prohibiting the discharge
of any employee because his or her earnings have been subject to
garnishment for more than one indebtedness must be observed.
APPENDIX
Wage and Hour Division
National Office
Office of Program Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3028
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-8353
Division of Farm Labor, Child Labor, and Polygraph Standards
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3510
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-4670
Division of Contract Standards Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3018
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-7541
Division of Fair Labor Standards Act Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3516
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-1407
Division of Wage Determinations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3014
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-7531
Regional Administrators
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 750
201 Varick St.
New York, New York 10014
(212) 337-2000
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 662
1375 Peachtree St., N.E.
Atlanta, Georgia 30367
(404) 347-4801
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Building, S. 800
525 S. Griffin St.
Dallas, Texas 75202
(214) 767-6894
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Office Building
1801 California St., S. 930
Denver, Colorado 80202-2614
(303) 391-6780
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
1111 Third Ave., S. 600
Seattle, Washington 98101
(206) 553-1914
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
One Congress St., 11th Fl.
Boston, Massachusetts 02114
(617) 565-2066
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 15230
Gateway Building
3535 Market St.
Philadelphia, Pennsylvania 19104
(215) 596-1185
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 820
230 South Dearborn St.
Chicago, Illinois 60604
(312) 353-7280
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Office Building, Room 2000
911 Walnut St.
Kansas City, Missouri 64106
(816) 426-5381
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, S. 930
71 Stevenson St.
San Francisco, California 94105
(415) 744-6645
Office of Federal Contract Compliance Programs
OFCCP/ESA
U.S. Department of Labor
200 Constitution Ave., N.W.
Washington, DC 20210
(202) 219-9475
OFCCP/ESA
U.S. Department of Labor
One Congress St., 11th Fl.
Boston, MA 02114
(617) 565-2055
OFCCP/ESA
U.S. Department of Labor
201 Varick St., Room 750
New York, NY 10014
(212) 337-2006
OFCCP/ESA
U.S. Department of Labor
Gateway Building, Room 15340
3535 Market St.
Philadelphia, PA 19104
(215) 596-6168
OFCCP/ESA
U.S. Department of Labor, S. 678
1375 Peachtree St., N.E.
Atlanta, GA 30367
(404) 347-3200
OFCCP/ESA
U.S. Department of Labor
New Federal Building, Room 570
230 South Dearborn St.
Chicago, IL 60604
(312) 353-0335
OFCCP/ESA
U.S. Department of Labor
Federal Building, Room 840
525 South Griffin St.
Dallas, TX 75202
(214) 767-4771
OFCCP/ESA
U.S. Department of Labor
911 Walnut St., Room 2011
Kansas City, MO 64106
(816) 426-5384
OFCCP/ESA
U.S. Department of Labor
Federal Office Building, S. 935
1801 California St.
Denver, CO 80202
(303) 844-5011
OFCCP/ESA
U.S. Department of Labor
71 Stevenson St., S. 910
San Francisco, CA 94105
(415) 744-6640
OFCCP/ESA
U.S. Department of Labor, S. 610
1111 Third Ave.
Seattle, WA 98101
(206) 553-4508
Occupational Safety and Health Administration
State Program Offices
Alaska Department of Labor
1111 West 8th St., Room 306
Juneau, AK 99802
(907) 465-2700
Industrial Comm. of Arizona
800 W. Washington
Phoenix, AZ 85007
(602) 542-5795
California Dept. of Industrial Relations
455 Golden Gate Ave., 4th Fl.
San Francisco, CA 94102
(415) 703-4590
Connecticut Dept. of Labor
200 Folly Brook Blvd.
Wethersfield, CT 06109
(203) 566-5123
Hawaii Dept. of Labor and Industrial Relations
830 Punchbowl St.
Honolulu, HI 96813
(808) 586-8844
Indiana Dept. of Labor
State Office Bldg., Room W-195
402 West Washington St.
Indianapolis, IN 46204
(317) 232-2378
Iowa Div. of Labor Services
1000 E. Grand Ave.
Des Moines, IA 50319
(515) 281-3447
Kentucky Labor Cabinet
1049 US Highway 127 South
Frankfort, KY 40601
(502) 564-3070
Maryland Div. of Labor and Industry
Dept of Licensing and Regs
501 St. Paul Pl., 2nd Fl.
Baltimore, MD 21202
(301) 333-4179
Michigan Dept. of Labor
P.O. Box 30015
Victor Office Center
201 N. Washington Square
Lansing, MI 48933
(517) 373-9600
Michigan Dept. of Public Health
P.O. Box 30195
3423 N. Logan St.
Lansing, MI 48909
(517) 335-8022
Minnesota Dept. of Labor and Industry
443 Lafayette Rd.
St. Paul, MN 55155
(612) 296-2342
Nevada Department of Industrial Relations
Division of Occupational Safety and Health
Capitol Complex
1370 S. Curry St.
Carson City, NV 89710
(702) 687-3032
New Mexico Environment Dept.
Occupational Health and Safety Bureau
P.O. Box 26110
1190 St. Francis Dr.
Santa Fe, NM 87502
(505) 827-2850
New York Dept. of Labor
State Office Building
Campus 12, Room 457
Albany, NY 12240
(518) 457-2741
North Carolina Dept. of Labor
4 W. Edenton St.
Raleigh, NC 27601
(919) 733-0360
Oregon Occupational Safety and Health Div.
Dept. of Insurance and Finance, Room 160
21 Labor and Industry Bldg.
Summer and Chemekita Sts., N.E.
Salem, OR 97310
(503) 378-3272
Puerto Rico Dept. of Labor and Human Resources
505 Munoz Rivera Ave.
Hato Rey, PR 00918
(809) 754-2119
South Carolina Dept. of Labor
P.O. Box 11329
3600 Forest Dr.
Columbia, SC 29211
(803) 734-9594
Tennessee Dept. of Labor
501 Union Bldg, 2nd Fl., S. "A"
Nashville, TN 37243
(615) 741-2582
Utah Occupational Safety and Health
160 E. 300 South
P.O. Box 5800
Salt Lake City, UT 84110
(801) 530-6900
Vermont Dept. of Labor and Industry
120 State St.
Montpelier, VT 05620
(802) 828-2288
Virgin Islands Dept. of Labor
2131 Hospital St.
Christiansted, St Croix VI 00840
(809) 773-1994
Virginia Dept. of Labor and Industry
Powers-Taylor Bldg.
13 S. 13th St.
Richmond, VA 23219
(804) 786-2376
Washington Dept. of Labor and Industries
P.O. Box 44001
Olympia, WA 98504
(206) 956-4200
Wyoming Dept. of Employment
Occupational Health and Safety Administration
Herschler Bldg, 2nd Fl. East
122 West 25th St
Cheyenne, WY 82002
(307) 777-7672
Regional OSHA Offices
Region I (CT**, MA, ME, NH, RI, VT*)
133 Portland St., 1st Fl.
Boston, MA 02114
(617) 565-7164
Region II (NJ, NY**, PR*, VI*)
201 Varick St., Room 670
New York, NY 10014
(212) 337-2378
Region III (DC, DE, MD*, PA, VA*, WV)
3535 Market St., S. 2100
Philadelphia, PA 19104
(215) 596-1201
Region IV (AL, FL, GA, KY*, MS, NC*, SC*, TN*)
1375 Peachtree St., N.E., Room 587
Atlanta, GA 30367
(404) 347-3573
Region V (IL, IN*, MI*, MN*, OH, WI)
230 S. Dearborn St., Room 3244
Chicago, IL 60604
(312) 353-2220
Region VI (AR, LA, NM*, OK, TX)
525 Griffin St, Room 602
Dallas, TX 75202
(214) 767-4731
Region VII (IA*, KS, MO, NE)
911 Walnut St., Room 406
Kansas City, MO 64106
(816) 426-5861
Region VIII (CO, MT, ND, SD, UT*, WY*)
1961 Stout St., Room 1576
Denver, CO 80294
(303) 844-3061
Region IX (American Samoa, AZ*, CA*, Guam, HI*, NV*, Pacific Trust
Territories)
71 Stevenson St., 4th Flr.
San Francisco, CA 94105
(415) 744-6670
Region X (AK*, ID, OR*, WA*)
1111 Third Ave., Room 715
Seattle, WA 98101-3212
(206) 553-5930
*State operates an OSHA-approved program in both the public and
private sectors.
**State operates a public employee-only program (NY & CT).
Office of Labor-Management Standards
OLMS
S. 600
1365 Peachtree St., NE
Atlanta, GA 30367
(404) 347-4237
OLMS
S. 302
121 High St.
Boston, MA 02110
(617) 565-8130
OLMS
S. 774
Federal Office Building
230 S. Dearborn St.
Chicago, IL 60604
(312) 353-7264
OLMS
S. 831
Federal Office Building
1240 East 9th St.
Cleveland, OH 44199
(216) 522-3855
OLMS
S. 300
525 Griffin Square Bldg.
Griffin and Young Streets
Dallas, TX 75202
(214) 767-6834
OLMS
S. 1606
Federal Office Building
Kansas City, MO 64106
(816) 426-2547
OLMS
S. 878
201 Varick St.
New York, NY 10014
(212) 337-2580
OLMS
S. 9452
William Green Federal Building
600 Arch St.
Philadelphia, PA 19106
(215) 597-4960
OLMS
S. 725
71 Stevenson St.
San Francisco, CA 94105
(415) 744-6669
OLMS
S. 558
Ridell Building
1730 K St., N.W.
Washington, DC 20006
(202) 254-6510
Veterans Employment and Training Service
MONTGOMERY, ALABAMA 36130
649 Monroe St.
(205) 223-7677
JUNEAU, ALASKA 99802
1111 West 8th St.
(907) 465-2723
PHOENIX, ARIZONA 85005
1300 West Washington
(602) 261-4961
LITTLE ROCK, ARKANSAS 72201
Employment Security Bldg.
State Capitol Mall, Rm. G-12
(501) 682-3786
SACRAMENTO, CALIFORNIA 94280
P. O. Box 942880
800 Capitol Mall, Room W1142
(916) 654-8178
SAN FRANCISCO, CALIFORNIA 94105
71 Stevenson St., S. 705
(415) 744-6677
DENVER, COLORADO 80203
600 Grant St., S. 900
(303) 866-1114
WETHERSFIELD, CONNECTICUT 06109
CT Department of Labor Building
200 Folly Brook Boulevard
(203) 566-3326
NEWARK, DELAWARE 19702
Stockton Building, Room 104
100 Chapman Rd.
(302) 368-6898
WASHINGTON, D.C. 20001
500 C St., N.W., Room 108
(202) 727-3342
TALLAHASSEE, FLORIDA 32399
S. 102, Atkins Building
1320 Executive Center Dr.
(904) 488-2967
ATLANTA, GEORGIA 30303
Sussex Place, S. 504
148 International Blvd, N.E.
(404) 656-3127
HONOLULU, HAWAII 96813
830 Punchbowl St.
Room 232A
(808) 541-1780
BOISE, IDAHO 83735
317 Main St., Room 303
(208) 334-6164 or 6163
CHICAGO, ILLINOIS 60605
401 South State St., 2 North
(312) 793-3433
INDIANAPOLIS, INDIANA 46204
10 North Senate Ave., Room 203
(317) 232-6804
DES MOINES, IOWA 50319
1000 East Grand Ave.
(515) 281-5106
TOPEKA, KANSAS 66612
1309 Topeka Boulevard
(913) 296-5032
FRANKFORT, KENTUCKY 40621
c/o Department for Employment Services
275 East Main St.
(502) 564-7062
BATON ROUGE, LOUISIANA 70804
Louisiana DOL
Employment Security Bldg.
Room 174, 1001 N. 23rd St.
(504) 342-5691
LEWISTON, MAINE 04243
522 Lisbon St.
(207) 783-5352
BALTIMORE, MARYLAND 21201
1100 North Eutaw St.
Room 205
(410) 333-5194
BOSTON, MASSACHUSETTS 02203
Room 506, JFK Federal Building
(617) 565-2081
DETROIT, MICHIGAN 48202
7310 Woodward Ave.
S. 407
(313) 876-5613, 5614, or 5615
ST. PAUL, MINNESOTA 55101
390 North Robert, 1st Fl.
(612) 296-3665
JACKSON, MISSISSIPPI 39215
1520 West Capitol St.
(601) 961-7588
JEFFERSON CITY, MISSOURI 65104
421 East Dunklin St.
(314) 751-9231
HELENA, MONTANA 59624
515 North Sanders
(406) 449-5431
LINCOLN, NEBRASKA 68509
550 South 16th St.
(402) 437-5289
CARSON CITY, NEVADA 89710
500 East Third St.
(702) 885-4632
CONCORD, NEW HAMPSHIRE 03301
55 Pleasant St., Room 325
(603) 225-1424 or 235-1425
TRENTON, NEW JERSEY 08609
28 Yard Ave., Room 200
(609) 292-2930
ALBUQUERQUE, NEW MEXICO 87108
1st National Bank Building, East
5301 Central, N.E., Room 1214
(505) 841-4592
ALBANY, NEW YORK 12240
Harriman State Campus
Building 12, Room 518
(518) 457-7465
RALEIGH, NORTH CAROLINA 27605
700 Wade Ave.
(919) 733-7402
BISMARCK, NORTH DAKOTA 58501
1000 Divide Ave.
(701) 224-2865
CLEVELAND, OHIO 44115
2728 Euclid Ave., 2nd Fl.
(216) 622-3084
COLUMBUS, OHIO 43216
OBES Building
145 South Front St.
(614) 466-2768
OKLAHOMA CITY, OKLAHOMA 73105
Will Rogers Memorial Office Building, Room 301
(405) 557-7189
SALEM, OREGON 97311
312 Employment Division Building
875 Union St., N.E.
(503) 378-3338
HARRISBURG, PENNSYLVANIA 17121
Labor and Industry Building
Room 625
Seventh and Forster Streets
(717) 787-5834
HATO REY, PUERTO RICO 00918
Puerto Rico Department of Labor and Human Resources Building
505 Munoz Rivera Ave.
15th Fl.
(809) 754-5391
PROVIDENCE, RHODE ISLAND 02903
507 Federal Building and Courthouse
(401) 528-5134
COLUMBIA, SOUTH CAROLINA 29201
914 Richland St., S. 101
(803) 253-7649
ABERDEEN, SOUTH DAKOTA 57402
420 South Roosevelt
P. O. Box 4730
(605) 226-7289
NASHVILLE, TENNESSEE 37201
301 James Robertson Parkway
Room 317
(615) 741-2135
AUSTIN, TEXAS 78701
TEC Building, Room 516-B
Trinity and 12th St.
(512) 463-2207
SALT LAKE CITY, UTAH 84111
140 E. 300 South
(801) 524-5703 or 524-5704
MONTPELIER, VERMONT 05602
Post Office Building
87 State St., Room 303
(802) 828-4441 or 828-4437
RICHMOND, VIRGINIA 23219
701 East Franklin St., S. 1409
(804) 786-7269
LACEY, WASHINGTON 98503
605 Woodview Dr., S.E.
(206) 438-4600
CHARLESTON, WEST VIRGINIA 25305
112 California Ave., Room 212
Capitol Complex
(304) 348-4001 or 347-5290
MADISON, WISCONSIN 53701
GEF I, 201 E. Washington Ave.
Room 250
(608) 266-3110
CASPER, WYOMING 82602
100 West Midwest Ave.
(307) 235-3281 or 235-3282
Mine Safety and Health Administration
Coal Mining
MSHA District 1 Office
Penn Place
20 N. Pennsylvania Ave.
Wilkes-Barre, PA 18701.
(717) 826-6321
MSHA District 2 Office
R.R. 1, Box 736
Hunker, PA 15639
(412) 925-5150
MSHA District 5 Office
P.O. Box 560
Norton, VA 24273
(703) 679-0230
MSHA District 8 Office
501 Busseron St.
Vincennes, IN 47591
(812) 882-7617
MSHA District 3 Office
5012 Mountaineer Mall
Morgantown, WV 26505
(304) 291-4277
MSHA District 4 Office
100 Bluestone Rd.
Mt. Hope, WV 25880
(304) 877-3900
MSHA District 6 Office
219 Ratliff Creek Rd.
Pikeville, KY 41501
(606) 432-0943
MSHA District 7 Office
HC 66, Box 1762
Barbourville, KY 40906
(606) 546-5123
MSHA District 10 Office
100 YMCA Dr.
Madisonville, KY 42431
(502) 821-4180
MSHA District 9 Office
P.O. Box 25367
Denver, CO 80225
(303) 231-5468
Metal and Nonmetal Mining
MSHA Northeastern District Office
230 Executive Dr.
Mars, PA 16046
(412) 772-2333
MSHA Southeastern District Office
35 Gemini Circle, S. 212
Birmingham, AL 35209
(205) 290-7294
MSHA North Central District Office
515 W. First St.
No. 228
Duluth, MN 55802
(218) 720-5448
MSHA South Central District Office
1100 Commerce St., Room 4650
Dallas, TX 75242
(214) 767-8401
MSHA Rocky Mountain District Office
P.O. Box 25367
Denver, CO 80225
(303) 231-5465
MSHA Western District Office
3333 Vaca Valley Parkway, S. 600
Vacaville, CA 95688
(707) 447-9844
Longshore and Harbor Workers
OWCP/DLHWC
U.S. Department of Labor, ESA
Room C-4315
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-8572
District NO. 1 (MA, ME, NH, VT, RI, and CT)
OWCP/DLHWC
U.S. Department of Labor, ESA
One Congress St., 11th Fl.
Boston, MA 02114
(617) 565-2103
District NO. 2 (NY, NJ, and Puerto Rico)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 249
201 Varick St., Room 750
New York, NY 10014
(212) 337-2033
District NO. 3 (PA, DE, and WV)
OWCP,DLHWC
U.S. Department of Labor, ESA
P.O. Box 7336
Gateway Building, Room 13180
3535 Market St.
Philadelphia, PA 19104
(215) 596-5570
District NO. 7 (LA and AR)
OWCP/DLHWC
U.S. Department of Labor, ESA
Room 13032
701 Loyola Ave.
New Orleans, LA 70113
(504) 589-3664
District NO. 8 (TX, OK, and NM)
OWCP/DLHWC
U.S. Department of Labor, ESA
One South Green Building, Room 105
12600 N. Featherwood Dr.
Houston, TX 77034
(713) 481-9750
District No. 10 (IL, IN, IA, KS, MI, MN, MO, NE, OH, and WI)
OWCP/DLHWC
U.S. Department of Labor, ESA
Room 800
230 South Dearborn St.
Chicago, IL 60604
(312) 353-8883
District NO. 18 (That part of the State of California south of the
northern boundaries of the counties of San Luis Obispo, Kern, and
San Bernardino)
OWCP/DLHWC
U.S. Department of Labor, ESA
S. 720
401 E. Ocean Boulevard
Long Beach, CA 90802
(213) 514-6226
District NO. 40 (Processes cases under the District of Columbia
Workmen's Compensation Act of 1928)
Labor Standards
D.C. Department of Employment Services
1200 Upshur St., N.W.
Washington, DC 20011
(202) 576-6265
District NO. 4 (MD and DC)
OWCP/DLHWC
U.S. Department of Labor, ESA
Federal Building, Room 1026
31 Hopkins Plaza
Baltimore, MD 21201
(410) 962-3677
District NO. 5 (VA)
OWCP/DLHWC
U.S. Department of Labor, ESA
Federal Building, Room 212
200 Granby Mall
Norfolk, VA 23510
(804) 441-3071
District NO. 6 (FL, NC, KY, TN, SC, GA, AL, and MS)
OWCP/DLHWC
U.S. Department of Labor, ESA
Edward Ball Building, Fl. 10
214 Hogan St.
Jacksonville, FL 32202
(904) 791-2881
District No. 13 (AZ NV, and that part of the State of California
north of the northern boundaries of the counties of San Luis
Obispo, Kern, and San Bernardino)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 3770
71 Stevenson St., Room 210
San Francisco, CA 94119
(415) 744-6869
District NO. 14 (AK, CO, ID, MT, ND, SD, OR, UT, WA, and WY)
OWCP/DLHWC
U.S. Department of Labor, ESA
1111 3rd. Ave., S. 620
Seattle, WA 98101
(206) 442-4471
Dallas Office
OWCP
U.S. Department of Labor, ESA
Griffin Square Building, Room 407
525 Griffin Square
Dallas, TX 75202
(214) 767-4712
District NO. 15 (Hawaii)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 50209, Room 5108
300 Ala Moana Boulevard
Honolulu, HI 96850
(808) 551-1983
TECHNICAL ASSISTANCE SERVICES
Read This First
This Handbook on the basic regulations and related services
administered by the Department of Labor (DOL) is designed primarily
for small businesses in general industry. It begins with a general
overview of DOL requirements. This is followed by ten sections
containing information on the specific laws and regulations.
Read the overview first to find out which requirements apply to
your business. For each requirement the overview refers to specific
sections or to a DOL office. Employers in certain industries (such
as agriculture and mining) or employers working on government
contracts should contact the referenced DOL offices for further
information and assistance.
Each section discusses: covered employers; basic provisions and
requirements; how to obtain information and assistance from DOL;
penalties for non-compliance; and relation to state, local and
other federal laws. The section subtitles identify the applicable
laws and the associated regulations, which can be found in the Code
of Federal Regulations (CFR). Many sections refer to an appendix
which provides additional addresses and phone numbers for obtaining
DOL assistance.
You should be aware that other federal agencies besides DOL enforce
laws and regulations that affect employers. For example, statutes
designed to ensure non-discrimination in employment are generally
enforced by the Equal Employment Opportunity Commission. Also, the
Taft-Hartley Act regulating employer conduct with regard to
employees in a wide range of areas is administered by the National
Labor Relations Board. Please consult these agencies for further
information on their requirements.
The information contained in this publication is not to be
considered a substitute for any provisions of the laws enforced by
the Department of Labor or for any regulations issued by the
Department.
CONTENTS
Overview
page 1
Section 1. Minimum Wage and Overtime Pay
page 11
Section 2. Child Labor (Nonagriculture)
page 17
Section 3. Employment Eligibility of Alien Workers
page 20
Section 4. Occupational Safety and Health
page 22
Section 5. Employee Benefit Plans
page 36
Section 6. Whistleblower Protection
page 42
Section 7. Veterans
page 44
Section 8. Plant Closings and Mass Layoffs
page 46
Section 9. Lie Detector Tests
page 48
Section 10. Wage Garnishment
page 50
Appendix
page 53
OVERVIEW: Major Statutes and Regulations Administered by the
Department of Labor
I. Requirements Applicable to Most Employers
Wages and Hours
The Fair Labor Standards Act (FLSA) prescribes minimum wage and
overtime pay (and record-keeping) standards affecting most private
and public employment, including homework. This is administered by
the Wage and Hour Division of DOL's Employment Standards
Administration (ESA).
1. The Minimum Wage and Overtime provisions of the FLSA require the following
from employers ofcovered employees who are not otherwise exempt:
Pay covered employees a minimum wage of not less than $4.25 an hour
effective April 1, 1991. (Employers may pay employees on a
piece-rate basis and under some circumstances consider the tips of
employees as part of their wages.)
Until March 31, 1993, employers may pay a training wage, under
certain conditions, of at least 85 percent of the minimum wage (but
not less than $3.35 an hour) for up to 90 days to employees under
age 20.
While not placing a limit on the total hours which may be worked,
the Act requires that covered employees, unless otherwise exempt,
be paid not less than one and one-half times their regular rates of
pay for all hours worked in excess of 40 in a workweek.
2. Homework requirements of the FLSA generally prohibit the performance of
certain types of work in an employee's home unless the employer has
obtained prior certification from the Department of Labor.
See Section 1, page 11, for more detail on wages and hours.
Who May Work, and When (administered by the Wage and Hour Division)
1. Child Labor provisions of the FLSA (Non-agriculture) include restrictions
on the hours of work and occupations for youths under age 16, and
these provisions set forth 17 hazardous occupations orders for jobs
declared by the Secretary of Labor to be too dangerous for minors
under age 18 to perform.
See Section 2, page 17, for more detail.
2. Immigrant Labor is regulated by the Immigration and Nationality Act (INA).
Under the INA, employers may legally hire workers only if they are
citizens of the U.S. or aliens authorized to work in the United
States. The INA requires that employers verify the employment
eligibility of all individuals hired after November 6, 1986.
See Section 3, page 20, for more detail.
The Immigration Nursing Relief Act of 1989 (INRA) was enacted to
provide relief for the shortage of registered nurses by legalizing
current nonimmigrant registered nurses and ensuring employer
efforts to attract and develop more U. S. employees to the nursing
profession. Contact your local ESA Wage and Hour Division office
for more details (see page 54).
Workplace Safety and Health
The Occupational Safety and Health Act (OSH Act), which is
administered by DOL's Occupational Safety and Health Administration
(OSHA) regulates safety and health conditions in most private
industries (except those regulated under other federal statutes,
e.g., transportation). Many private employers are regulated through
states operating under OSHA-approved plans.
It is the responsibility of employers to become familiar with
standards applicable to their establishments, to eliminate
hazardous conditions to the extent possible, and to comply with the
standards. Compliance may include assuring that employees have and
use personal protective equipment when required for safety or
health. Employees must comply with all rules and regulations that
are applicable to their own actions and conduct.
Covered employers are required to maintain workplaces that are safe
and healthful, including meeting many regulatory requirements. OSHA
promulgates safety and health standards, and makes distinctions by
type of industry.
Safety standards include regulations covering hazards such as
falls, explosions, electricity, fires, and cave-ins, as well as
machine and vehicle operation and maintenance, etc.
Health standards regulate exposures to a variety of health hazards
through engineering controls, the use of personal protective
equipment (e.g., respirators, ear protection etc.), and work
practices.
Where OSHA has not promulgated a specific standard, employers are
responsible for complying with the OSH Act's "general duty" clause
[Section 5(a)(1)], which states that each employer "shall furnish
. . . a place of employment which is free from recognized hazards
that are causing or are likely to cause death or serious physical
harm to his employees."
When OSHA develops effective safety and health regulations, safety
and health regulations originally issued under the following laws
administered by the Department of Labor are superseded: the
Walsh-Healey Act, the Service Contract Act, the Contract Work Hours
and Safety Standards Act, the Arts and Humanities Act, and the
Longshore and Harbor Workers' Compensation Act.
See Section 4, page 22, for more detail.
Pensions and Welfare Benefits
The Employee Retirement Income Security Act (ERISA) regulates
employers who have pension or welfare benefit plans. This statute
preempts many state laws in this area and is administered by DOL's
Pension and Welfare Benefits Administration (PWBA). The statute
also provides an insurance mechanism to protect retirement benefits
with employers required to pay annual pension benefit insurance
premiums to the Pension Benefits Guarantee Corporation (PBGC),
which is associated with the Department.
1. Pension Plans must meet a wide range of fiduciary and reporting
and disclosure requirements, with regulations defining such
concepts as the value of plan assets, what is adequate
consideration for the sale of assets, the effects of participants
having control over the assets in their plans, etc.
2. Welfare Benefit Plans also must meet a wide range of fiduciary,
reporting, and disclosure requirements. In addition, PWBA
administers the disclosure and notification requirements for the
continuation of health care provisions that were enacted as part of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).
These provisions cover group health plans of employers with 20 or
more employees on a typical business day in the previous calendar
year. COBRA gives participants and beneficiaries an election to
maintain, at their own expense, coverage under the employer's
health plan.
See Section 5, page 36, for more detail.
3. Pension Insurance information can be obtained from the Pension
Benefits Guarantee Corporation by writing PBGC, Coverage and
Inquiries Branch (25440), 2020 K Street, N.W., Washington, D.C.
20006-1860, or by calling (202) 778-8800.
Miscellaneous Requirements for Most Employers
1. The Labor-Management Reporting and Disclosure Act
(also known as the Landrum-Griffin Act, LMRDA) deals with the
relationship between a union and its members. It provides for
safeguarding of union funds, reporting and disclosure of financial
transactions, and administrative practices of union officials,
labor consultants, etc. This is administered by DOL's Office of
Labor-Management Standards (OLMS).
Call your local OLMS office for more detail (see page 65).
2. Employee Protection provisions are built into most labor and public
safety statutes, e.g., the FLSA, the OSH Act, ERISA, many environmental
protection statutes, etc. These protect employees who exercise their rights
under these Acts to complain about employers, ask for information,
etc. (remedies can include back wages and reinstatement.) They are
normally enforced by the DOL agency most concerned, e.g., OSHA
enforces those arising under the OSH Act. For more information on
employee protection under a statute administered by DOL, see the
relevant section. For information on employee protection in the
environmental context, see Section 6, page 42, for more detail.
3. Veteran's Reemployment Rights ensures that those who serve in the armed
forces have a right to reemployment with the employer they were with when they
went in service, including protection for those called up from the reserves
or National Guard. These are administered by DOL's Office of the
Assistant Secretary for Veterans' Employment and Training. See
Section 7, page 44, for more detail.
4. Plant Closings and Layoffs by employers may be subject to the Worker
Adjustment and Retraining Notification Act (WARN) which provides for early
warning to employees of the proposed layoffs or plant closings. Questions on
WARN may be addressed to DOL's Employment and Training Administration (ETA).
See Section 8, page 46, for more detail.
5. The Employee Polygraph Protection Act (EPPA) prohibits most use of lie
detectors by employers on their employees. This is administered by the Wage
and
Hour Division of ESA.
See Section 9, page 48, for more detail.
6. Garnishment of Wages by employers is subject to regulation under the
Consumer Credit Protection Act. This is administered by the Wage and Hour
Division of ESA.
See Section 10, page 50, for more detail.
II. Requirements Applicable to Employers Because of the Receipt of
Government Contracts, Grants, or Financial Assistance
1. Wage, Hour, and Fringe Benefit Standards
are determined for these contracts under: the Davis-Bacon and
related Acts (for construction); the Contract Work, Hours, and
Safety Standards Act; the McNamara-O'Hara Service Contract Act (for
services); and the Walsh-Healey Public Contracts Act (for
manufacturing). The Wage and Hour Division of ESA both makes the
determination of wages and benefits and enforces them.
Contact your local ESA Wage and Hour Division Office for more
detail (see page 54).
2. Safety and Health Standards are also issued under these Acts
and are specifically applicable to covered contracts. Contact your
local ESA Wage and Hour Division Office for more detail (see page 54).
3. Non-discrimination and Affirmative Action Requirements
are set under Executive Order 11246, Section 503 of the
Rehabilitation Act, and the Vietnam Veteran's Readjustment
Assistance Act (38 U.S.C. 4212). These programs prohibit
discrimination and require affirmative action with regard to race,
sex, ethnicity, religion, disability and veterans' status. They are
administered by ESA's Office of Federal Contract Compliance
Programs (OFCCP). OFCCP works closely with EEOC to coordinate these
efforts. Contact your local ESA Office of Federal Contract Compliance
Programs for more detail (see page 57).
III. Industry-Specific Requirements in Addition to the Above
Agriculture
Several safety and health standards issued and enforced by OSHA
(e.g., field sanitation) and the Environmental Protection Agency
(e.g., pesticides) apply to this industry. In addition, several
agriculture- specific programs are administered by ETA and ESA's
Wage and Hour Division. For more information on these programs,
contact your local ESA office (see page 54).
1. The Migrant and Seasonal Agricultural Worker Protection Act
(MSPA) requires that covered farm labor contractors, agricultural
employers and agricultural associations comply with worker
protection applicable to migrant and seasonal agricultural workers
whom they recruit, solicit, hire, employ, furnish or transport or,
in the case of migrant agricultural workers, to whom they provide
housing.
2. The Immigration and Nationality Act (INA) requires that employers
wishing to use nonimmigrant workers for temporary agricultural
employment apply with the Employment and Training Administration
for a labor certificate showing that there are not sufficient workers
in the U.S. able, willing, qualified and available to do the work
and that employment of such nonimmigrant workers will not adversely
affect the wages and working conditions of workers in the U.S.
3. INA as Amended by the Immigration Reform and Control Act
requires all employers of special and replenishment agricultural
workers (SAWs and RAWs) to provide certain information on the use
of such workers to the federal government.
4. The Fair Labor Standards Act (FLSA) contains special child labor
regulations applicable to agricultural employment. The regulations
administered and enforced by the DOL agencies apply only to those
establishments with employees (e.g., they do not apply to family-run and
family-operated farms that do not hire outside workers).
Additionally, in some cases there are minimum employment standards
which must be met before an establishment is covered by a
regulation (e.g., OSHA's field sanitation standard is not enforced
at establishments that employ fewer than 11 workers in the field).
Mining Safety and Health
The goal of the Federal Mine Safety and Health Act of 1977 is to
improve working conditions in the nation's mines. Its provisions
cover all miners and other persons employed to work on mine
property, and it is administered by the Labor Department's Mine
Safety and Health Administration (MSHA). This law strengthened an
earlier coal mining law and brought metal and nonmetal (non-coal)
miners under the same general protections as those afforded coal
miners.
Under the Act, the operators of mines, with the assistance of their
employees, have the primary responsibility for ensuring the health
and safety of the miners. MSHA is responsible for fully inspecting
every underground mine at least four times a year and every surface
mine at least twice a year to ensure that these responsibilities
are met.
This law also established mandatory miners' training requirements
and strengthened health protection measures and gassy mine safety
programs. It also included tougher civil dollar penalties for
safety or health violations by mine operators. The Act also
provided for closure of mines in cases of imminent danger to
workers or failure to correct violations within the time allowed,
and it called for greater involvement of miners and their
representatives in processes affecting workers' health than
previously had been possible.
Each mine must be legally registered with MSHA. Many mine operators
are required to submit plans to MSHA for approval before beginning
operations. Such plans must be followed during mining. Required
plans cover operational aspects such as ventilation, roof control,
and miner training. Mine operators are required to report each
individual mine accident or injury to MSHA.
MSHA's Coal Mine Safety and Health Division enforces law and
regulations at more than 4,600 underground and surface coal mines.
MSHA's Metal and Nonmetal Mine Safety and Health Division enforces
federal requirements, conducts training, and assists the mining
industry in reducing deaths, serious injuries and illnesses at more
than 11,000 non-coal mines (including open pit mines, stone
quarries, and sand and gravel operations).
Health and safety regulations cover numerous hazards, including
those associated with the following:
exposure to respirable dust, airborne contaminants and noise
design, operation and maintenance requirements for mechanical
equipment, including mobile equipment roof falls, and rib and
face rolls flammable, explosive and noxious gases, dust and smoke
electrical circuits and equipment fires storage, transportation,
and use of explosives hoisting access and egress
Contact your local MSHA office for more detail (see page 74).
Construction
Several DOL agencies are involved in administering programs solely
related to the construction industry.
1. Safety and Health:
OSHA has separate occupational safety and health standards which
apply only to the construction industry.
See Section 4, page 22, for more detail.
2. Wage and Fringe Benefits: The Davis-Bacon Act and related Acts
require most contractors and subcontractors on federally assisted
contracts in excess of $2,000 to pay the prevailing wage rates and
fringe benefits as determined by the Secretary of Labor. Contact
your local ESA Wage and Hour Division Office for more detail (see
page 54).
3. Non-discrimination:
OFCCP has special regulations on non-discrimination and affirmative
action which apply only to the construction industry.
Contact your local ESA/OFCCP office for more detail (see page 57).
4. Anti-Kickback:
The "Anti-Kickback" section of the Copeland Act applies to all
contractors and subcontractors performing on any federally funded
or assisted contract for the construction, prosecution, completion
or repair of any public building or public work -- except contracts
for which the only federal assistance is a loan guarantee. This
provision precludes a contractor or subcontractor from inducing an
employee -- in any manner -- to give up any part of his/her
compensation to which he/she is entitled under his/her contract of
employment.
Contact your local ESA Wage and Hour Division office for more
detail (see page 54).
Transportation
Many laws with labor provisions in them that affect the
transportation industry are administered by agencies outside of the
Department. For example, the Railway Labor Act is administered
primarily by the Department of Transportation and the Railway
Retirement Board. Special DOL programs for this industry are:
1. Safety and Health:
Special longshoring and maritime industry standards issued and
enforced by OSHA.
See Section 4, page 22, for more detail.
2. Longshoring and Harbor Work:
Workers' compensation coverage provided under the Longshore and
Harbor Workers' Compensation Act, which is administered by ESA.
Employers must meet the coverage, funding, and other requirements
needed to provide these benefits.
Contact your local ESA/OWCP office for more detail (see page 77).
1. MINIMUM WAGE AND OVERTIME PAY
Fair Labor Standards Act of 1938, as Amended (Title 29, U.S. Code,
Sections 201 et seq.; 29 CFR 510-800).
Who is Covered
The Fair Labor Standards Act (FLSA) establishes minimum wage,
overtime pay, record-keeping and child labor standards that affect
more than 80 million full- and part-time workers in the private
sector and in federal, state and local governments.
The Act applies to enterprises that have employees who are engaged
in interstate commerce, producing goods for interstate commerce, or
handling, selling or working on goods or materials that have been
moved in or produced for interstate commerce. For most firms, an
annual dollar volume of business test of not less than $500,000
applies. The following are covered by the Act regardless of their
dollar volume of business: hospitals, institutions primarily
engaged in the care of the sick, aged, mentally ill or disabled who
reside on the premises; schools for children who are mentally or
physically disabled or gifted; preschools, elementary and secondary
schools and institutions of higher education; and federal, state
and local government agencies.
Employees of firms that do not meet the $500,000 annual dollar
volume test may be individually covered in any workweek in which
they are individually engaged in interstate commerce, the
production of goods for interstate commerce, or an activity which
is closely related and directly essential to the production of such
goods. Domestic service workers, such as day workers, housekeepers,
chauffeurs, cooks or full-time babysitters, are also covered if
they receive at least $50 in cash wages in a calendar quarter from
their employers or work a total of more than 8 hours a week for one
or more employers.
An enterprise that was covered by the Act on March 31, 1990, and
that ceased to be covered because of the increase in the annual
dollar volume test to $500,000, as required under the 1989
amendments to the Act, must continue to pay its employees not less
than $3.35 an hour (the statutory minimum wage prior to 4/1/90) and
continues to be subject to the overtime pay, child labor and
record-keeping requirements of the Act.
Some employees are excluded from the Act's minimum wage and/or
overtime pay provisions under specific exemptions provided in the
law. Because these exemptions are generally narrowly defined,
employers should carefully check the exact terms and conditions for
each by contacting the Wage and Hour Division of the Employment
Standards Administration (ESA) at the offices referenced below.
The following are examples of employees exempt from both the
minimum wage and overtime pay requirements:
Executive, administrative and professional employees (including
teachers and academic administrative personnel in elementary and
secondary schools and also including certain skilled computer
professionals as provided in P.L. 101-583, November 15, 1990) and
outside sales persons
Employees of seasonal amusement or recreational establishments
Employees of certain small newspapers and switchboard operators of
small telephone companies
Seamen employed on foreign vessels
Employees engaged in fishing operations
Farm workers employed on small farms (i.e., those that used no more
than 500 "man-days" of farm labor in any calendar quarter of the
preceding calendar year)
Casual babysitters and persons employed as companions to the
elderly or infirm
The following are examples of employees exempt from the Act's
overtime pay requirements only:
Certain commissioned employees of retail or service establishments
Auto, truck, trailer, farm implement, boat or aircraft
salesworkers, or parts-clerks and mechanics servicing autos, trucks
or farm implements, and who are employed by non-manufacturing
establishments primarily engaged in selling these items to ultimate
purchasers
Railroad and air carrier employees, taxi drivers, certain employees
of motor carriers, seamen on American vessels and local delivery
employees paid on approved trip rate plans
Announcers, news editors and chief engineers of certain
non-metropolitan broadcasting stations
Domestic service workers who reside in their employer's residence
Employees of motion picture theaters
Farmworkers
Certain employees may be partially exempted from the Act's overtime
pay requirements. These include:
Employees engaged in certain operations on agricultural commodities
and employees of certain bulk petroleum distributors
Employees of hospitals and residential care establishments which
have agreements with the employees to work a 14-day work period in
lieu of a 7-day workweek if the employees are paid overtime premium
pay within the requirements of the Act for all hours worked over 8
in a day or 80 in the 14-day work period, whichever is the greater
number of overtime hours
Employees who lack a high school diploma or who have not completed
the eighth grade may be required by their employer to spend up to
10 hours in a workweek in remedial reading or training in other
basic skills that is not job-specific, as long as they are paid
their normal wages for the hours spent in training. Such employees
need not be paid overtime premium pay for their training hours.
Basic Provisions/Requirements
The Act requires employers of covered employees who are not
otherwise exempt to pay these employees a minimum wage of not less
than $4.25 an hour. The increases in the minimum wage mandated by
the 1989 amendments to the Act will be phased in on an
industry-by-industry basis in Puerto Rico. All Puerto Rican
industries must reach the mainland minimum wage by April 1, 1996.
Employers may pay employees on a piece-rate basis, as long as they
receive at least the equivalent of the required minimum hourly wage
rate. Employers of tipped employees, i.e., employees who
customarily and regularly receive more than $30 a month in tips,
may consider the tips of these employees as part of their wages.
This tip credit may not, however, exceed 50 percent of the required
minimum wage.
Employers may pay a training wage, under certain conditions, of at
least 85 percent of the minimum wage (but not less than $3.35 an
hour) for up to 90 days to employees under age 20, except for
migrant or seasonal agricultural workers and H-2A nonimmigrant
agricultural workers performing work of a temporary or seasonal
nature. An employee who has been paid at the training wage for 90
days can be employed for 90 additional days at the training wage by
a different employer if that employer provides on-the-job training
in accordance with rules of the Department of Labor. Employers may
not displace employees (or reduce their wages or benefits) in order
to hire employees at the training wage. These training wage
provisions expire on March 31, 1993.
The Act also permits the employment of the following individuals at
wage rates below the statutory minimum wage under certificates
issued by the Department:
Student learners
Full-time students in retail or service establishments,
agriculture, or institutions of higher education
Individuals whose earning or productive capacity is impaired by a
physical or mental disability, including those related to age or
injury, for the work to be performed
While not placing a limit on the total hours which may be worked,
the Act requires that covered employees, unless otherwise exempt,
be paid not less than one and one-half times their regular rates of
pay for all hours worked in excess of 40 in a workweek.
Employers are required to keep records on wages, hours and other
items as set out in the Department of Labor's regulations. Most of
this information is of the type generally maintained by employers
in ordinary business practice.
Performance of certain types of work in an employee's home is
prohibited under the Act unless the employer has obtained prior
certification from the Department of Labor. Restrictions apply in
the manufacture of knitted outerwear, gloves and mittens, buttons
and buckles, handkerchiefs, embroideries and jewelry (where safety
and health hazards are not involved). Employers wishing to employ
homeworkers in these industries are required to, among other
things, provide written assurances to the Department that they will
comply with the Act's monetary and other requirements. The
manufacture of women's apparel (and jewelry under hazardous
conditions) is generally prohibited, except under special
certificates that allow homework in these industries when the
homeworker is unable to adjust to factory work because of age or
physical or mental disability, or is caring for an invalid in the
home.
Special provisions apply to state and local government employment.
It is a violation of the Act to fire or in any other manner
discriminate against an employee for filing a complaint or for
participating in a legal proceeding under the Act. The Act also
prohibits the shipment of goods in interstate commerce which were
produced in violation of the minimum wage, overtime pay, child
labor, or special minimum wage provisions.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Enforcement of the Act is carried out by Wage and Hour Division
compliance officers stationed throughout the country. A variety of
remedies are available to the Department to enforce compliance with
the Act's requirements. When compliance officers encounter
violations, they recommend changes in employment practices in order
to bring the employer into compliance. Willful violations may be
prosecuted criminally and the violators fined up to $10,000. A
second conviction may result in imprisonment. Employers who
willfully and repeatedly violate the minimum wage or overtime pay
requirements are subject to civil money penalties of up to $1,000
per violation. Employers are subject to a civil money penalty of up
to $10,000 for each employee employed in violation of the child
labor provisions. When a civil money penalty is assessed, employers
have the right, within 15 days of receipt of the notice of such
penalty, to file an exception to the determination. When an
exception is filed, it is referred to an administrative law judge
for a hearing and determination as to the appropriateness of the
penalty. If an exception is not filed, the penalty becomes final.
The Secretary of Labor may also bring suit for back pay and an
equal amount in liquidated damages and obtain injunctions to
restrain persons from violating the Act. Employees may also bring
suit, where the Department has not done so, for back pay and
liquidated damages, as well as attorney's fees and court costs.
Relation to State, Local and Other Federal Laws
State laws also apply to employment subject to this Act. When both
this Act and a state law apply, the law setting the higher
standards must be observed.
2. CHILD LABOR (Nonagriculture)
Fair Labor Standards Act of 1938, as Amended (Title 29, U.S. Code,
Section 201 et seq.; 29 CFR 570-580).
Who is Covered
The child labor provisions of the Fair Labor Standards Act (the
Act) are designed to protect the educational opportunities of
youths and prohibit their employment in jobs and under conditions
detrimental to their health and well-being.
In nonagriculture, the child labor provisions apply to enterprises
that have employees who are engaged in interstate commerce,
producing goods for interstate commerce, or handling, selling or
working on goods or materials that have been moved in or produced
for interstate commerce. For most firms, an annual dollar volume of
business test of not less than $500,000 applies. The following are
covered by the Act regardless of their dollar volume of business:
hospitals; institutions primarily engaged in the care of the sick,
aged, mentally ill or disabled who reside on the premises; schools
for children who are mentally or physically disabled or gifted;
preschools, elementary and secondary schools and institutions of
higher education; and federal, state and local government agencies.
Employees of firms that do not meet the $500,000 annual dollar
volume test may be individually covered in any workweek in which
they are individually engaged in interstate commerce, the
production of goods for interstate commerce or an activity which is
closely related and directly essential to the production of such
goods. Domestic service workers, such as day workers, housekeepers,
chauffeurs, cooks or full-time babysitters, are also covered if
they receive at least $50 in cash wages in a calendar quarter from
their employers or work a total of more than 8 hours a week for one
or more employers.
An enterprise that was covered by the Act on March 31, 1990, and
ceased to be covered because of the increase in the annual dollar
volume test to $500,000 as required under the 1989 amendments to
the Act, remains subject to the Act's child labor provisions.
Sixteen is the minimum age for most nonfarm work. However, youths
may, at any age: deliver newspapers; perform in radio, television,
movies, or theatrical productions; work for their parents in their
solely owned nonfarm businesses (except in mining, manufacturing,
or in any other occupation declared hazardous by the Secretary of
Labor); or gather evergreens and make evergreen wreaths.
Basic Provisions/Requirements
The Act's child labor provisions include restrictions on the hours
of work and occupations for youths under age 16. These provisions
set forth 17 hazardous occupations orders for jobs declared by the
Secretary of Labor to be too dangerous for minors under age 18 to
perform. The Act prohibits the shipment of goods in interstate
commerce which were produced in violation of the child labor
provisions. It is also a violation of the Act to fire or in any
other manner discriminate against an employee for filing a
complaint or for participating in a legal proceeding under the Act.
The permissible jobs and hours of work, by age, in nonfarm work are
as follows:
Youths 18 years or older may perform any job for unlimited hours
Youths age 16 and 17 may perform any job not declared hazardous by
the Secretary of Labor, for unlimited hours
Youths age 14 and 15 may work outside school hours in various
nonmanufacturing, nonmining, nonhazardous jobs under the following
conditions: no more than 3 hours on a school day, 18 hours in a
school week, 8 hours on a nonschool day, or 40 hours in a nonschool
week. In addition, they may not begin work before 7 a.m. nor work
after 7 p.m., except from June 1 through Labor Day, when evening
hours are extended until 9 p.m. Youths aged 14 and 15 who are
enrolled in an approved Work Experience and Career Exploration
Program (WECEP) may be employed for up to 23 hours in school weeks
and 3 hours on school days (including during school hours).
Detailed information on the occupations determined to be hazardous
by the Secretary is available by contacting the Wage and Hour
Division at the offices listed below.
Department of Labor regulations require employers to keep records
of the date of birth of employees under age 19, including daily
starting and quitting times, daily and weekly hours worked, and the
employee's occupation.
Employers may protect themselves from unintentional violation of
the child labor provisions by keeping on file an employment or age
certificate for each youth employed to show that the youth is the
minimum age for the job. Certificates issued under most state laws
are acceptable for this purpose.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Employers are subject to a civil money penalty of up to $10,000 for
each employee employed in violation of the child labor provisions.
When a civil money penalty is assessed, employers have the right,
within 15 days of receipt of the notice of such penalty, to file an
exception to the determination. When an exception is filed, it is
referred to an administrative law judge for a hearing and
determination as to the appropriateness of the penalty. Either
party may appeal the decision of the administrative law judge to
the Secretary of Labor. If an exception is not timely filed, the
penalty becomes final. The Act also provides, in the case of a
conviction for a willful violation, for a fine of up to $10,000;
or, for a second offense committed after the conviction of such
person for a similar offense, for a fine of not more than $10,000
and imprisonment for up to six months, or both. The Secretary of
Labor may also bring suit to obtain injunctions to restrain persons
from violating the Act.
Relation to State, Local and Other Federal Laws
Many states have child labor laws. When both this Act and a state
law apply, the law setting the higher standards must be observed.
3. EMPLOYMENT ELIGIBILITY OF ALIEN WORKERS
Immigration and Nationality Act (INA) (8 U.S. Code, Section 1186).
Who is Covered
The Immigration and Nationality Act (INA) employment eligibility
verification and related nondiscrimination provisions apply to all
employers.
Basic Provisions/Requirements
Under the INA, employers may legally hire workers only if they are
citizens of the U.S. or aliens authorized to work in the United
States. For some aliens (students, nurses, "specialty occupations,"
fashion models) employers must comply with attestation procedures
through the Department of Labor. The INA requires that employers
verify the employment eligibility of all individuals hired after
November 6, 1986. To do so, employers must require applicants to
show proof of their employment eligibility, by requiring completion
of the I-9 form. Employers must keep I-9s on file for at least 3
years (or one year after employment ends, whichever is greater).
The INA also protects U.S. citizens, and aliens authorized to
accept employment in the U.S., from discrimination in hiring or
discharge on the basis of national origin and citizenship status.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Employers who fail to complete and/or retain the I-9 forms are
subject to civil fines of up to $1,000 per applicant. Enforcement
of the INA requirements on employment eligibility verification
comes under the jurisdiction of the Immigration and Naturalization
Service (INS). The Justice Department is responsible for enforcing
the anti-discrimination provisions. In conjunction with their
ongoing enforcement efforts, the Employment Standards
Administration's Wage and Hour Division and Office of Federal
Contract Compliance Programs conduct inspections of the I-9 forms.
Their findings are reported to the INS and to the Department of
Justice where there is apparent disparate treatment in the
verification process.
Relation to State, Local and Other Federal Laws
Not Applicable.
4. OCCUPATIONAL SAFETY AND HEALTH
The Occupational Safety and Health Act of 1970 (OSH Act), 29 U.S.C.
651 et seq.; Title 29 Code of Federal Regulations, Parts 1900 to
end.
Who is Covered
In general, coverage of the Act extends to all employers and their
employees in the 50 states, the District of Columbia, Puerto Rico,
and all other territories under federal government jurisdiction.
Coverage is provided either directly by the Federal Occupational
Safety and Health Administration (OSHA) or through an OSHA-approved
state job safety and health program.
As defined by the Act, an employer is any "person engaged in a
business affecting commerce who has employees, but does not include
the United States or any state or political subdivision of a
State." Therefore, the Act applies to employers and employees in
such varied fields as manufacturing, construction, longshoring,
agriculture, law and medicine, charity and disaster relief,
organized labor and private education. Such coverage includes
religious groups to the extent that they employ workers for secular
purposes.
The following are not covered by the Act:
Self-employed persons
Farms at which only immediate members of the farmer's family are
employed
Working conditions regulated by other federal agencies under other
federal statutes. This category includes most employment in mining,
nuclear energy and nuclear weapons manufacture, and many segments
of the transportation industries.
When another federal agency is authorized to regulate safety and
health working conditions in a particular industry, if it does not
do so in specific areas, then OSHA requirements apply.
As OSHA develops effective safety and health regulations of its
own, safety and health regulations originally issued under the
following laws administered by the Department of Labor are
superseded: the Walsh-Healey Act, the Service Contract Act, the
Contract Work Hours and Safety Standards Act, the Arts and
Humanities Act, and the Longshore and Harbor Workers' Compensation
Act.
Basic Provisions/Requirements
The Act assigns to OSHA two principal functions: setting standards
and conducting workplace inspections to assure employers are
complying with the standards and providing a safe and healthful
workplace. OSHA standards may require conditions, or the adoption
or use of one or more practices, means, methods or processes
reasonably necessary and appropriate to protect workers on the job.
It is the responsibility of employers to become familiar with
standards applicable to their establishments, to eliminate
hazardous conditions to the extent possible, and to comply with the
standards. Compliance may include assuring that employees have and
use personal protective equipment when required for safety or
health. Employees must comply with all rules and regulations that
are applicable to their own actions and conduct.
Where OSHA has not promulgated a specific standard, employers are
responsible for complying with the OSH Act's "general duty" clause.
The general duty clause of the Act [Section 5(a)(1)] states that
each employer "shall furnish . . . a place of employment which is
free from recognized hazards that are causing or are likely to
cause death or serious physical harm to his employees."
States with OSHA-approved job safety and health programs must set
standards that are at least as effective as the equivalent federal
standard. Many state-plan states adopt standards identical to the
federal ones.
Federal OSHA Standards
These fall into four major categories: general industry (29 CFR
1910), construction (29 CFR 1926), maritime - shipyards, marine
terminals, longshoring - (29 CFR 1915-19), and agriculture (29 CFR
1928).
Each of these four categories of standards imposes requirements
that are, in some cases, identical for each category of employers;
in others, they are either absent or vary somewhat.
Among the standards that impose similar requirements on all
industry sectors are those for access to medical and exposure
records, personal protective equipment, and hazard communication.
Access to Medical and Exposure Records: This standard requires that
employers grant employees access to any of their medical records
maintained by the employer and to any records the employer
maintains on the employees' exposure to toxic substances.
Personal Protective Equipment: This standard, included separately
in the standards for each industry segment (except agriculture)
requires that employers provide employees, at no cost to employees,
with personal protective equipment designed to protect them against
certain hazards. This can range from protective helmets in
construction and cargo handling work to prevent head injuries, to
eye protection, hearing protection, hard-toed shoes, special
goggles (for welders, for example) and gauntlets for iron workers.
Hazard Communication: This standard requires that manufacturers and
importers of hazardous materials conduct a hazard evaluation of the
products they manufacture or import. If the product is found to be
hazardous under the terms of the standard, containers of the
material must be appropriately labeled and the first shipment of
the material to a new customer must be accompanied by a material
safety data sheet (MSDS). Receiving employers must train their
employees, using the MSDSs they receive, to recognize and avoid the
hazards the materials present.
In general, however, all employers should be aware that any hazard
not covered by an industry-specific standard may be covered by a
general industry standard or by the general duty clause. This
coverage becomes important in the enforcement aspects of OSHA's
work.
Other types of requirements are imposed by regulation rather than
by a standard. OSHA regulations cover such items as record-keeping,
reporting and posting.
Record-keeping: Every employer covered by OSHA who has more than 10
employees must maintain OSHA-specified records of job-related
injuries and illnesses. There are two such records, the OSHA Form
200 and the OSHA Form 101.
The OSHA Form 200 is an injury/illness log, with a separate line
entry for each recordable injury or illness (essentially those
work-related deaths, injuries and illnesses other than minor
injuries that require only first aid treatment and that do not
involve medical treatment, loss of consciousness, restriction of
work or motion, or transfer to another job). A summary section of
the OSHA Form 200, which includes the total of the previous year's
injury and illness experience, must be posted in the workplace for
the entire month of February each year.
The OSHA Form 101 is an individual incident report that provides
added detail about each individual recordable injury or illness. A
suitable insurance or worker compensation form that provides the
same details may be substituted for the OSHA Form 101.
Unless an employer has been selected in a particular year to be
part of a national survey of workplace injuries and illnesses
conducted by the Department of Labor's Bureau of Labor Statistics
(BLS), employers with ten or fewer employees or employers in
traditionally low-hazard industries are exempt from maintaining
these records; all employers selected for the BLS survey must
maintain the records. Employers so selected will be notified before
the end of the year to begin keeping records during the coming
year, and technical assistance on completing these forms is
available from the state offices which select these employers for
the survey.
Industries designated as traditionally low hazard include:
automobile dealers; apparel and accessory stores; furniture and
home furnishing stores; eating and drinking places; finance,
insurance, and real estate industries; and service industries, such
as personal and business services, legal, educational, social and
cultural services and membership organizations.
Reporting: In addition to selected employers each year being
required to report their injury and illness experience, each
employer, regardless of number of employees or industry category,
must report to the nearest OSHA office within 48 hours any accident
that results in one or more fatalities or hospitalization of five
or more employees. Such accidents are often investigated by OSHA to
determine whether violations of standards contributed to the event.
Workplace Inspections
To enforce its standards, OSHA is authorized under the Act to
conduct workplace inspections. Every establishment covered by the
Act is subject to inspection by OSHA compliance safety and health
officers (CSHOs), who are chosen for their knowledge and experience
in the occupational safety and health field. CSHOs are thoroughly
trained in OSHA standards and in the recognition of safety and
health hazards. Similarly, states with their own occupational
safety and health programs conduct inspections using qualified
state CSHOs.
Employee Rights
Employees are granted several important rights by the Act. Among
them are the right to: complain to OSHA about safety and health
conditions in their workplace and have their identity kept
confidential from the employer, contest the time period OSHA allows
for correcting standards violations, and participate in OSHA
workplace inspections.
Anti-Discrimination Provisions
Private sector employees who exercise their rights under OSHA can
be protected against employer reprisal. Employees must notify OSHA
within 30 days of the time they learned of the alleged
discriminatory action. This notification is followed by an OSHA
investigation. If OSHA agrees that discrimination has occurred, the
employer will be asked to restore any lost benefits to the affected
employee. If necessary, OSHA can take the employer to court. In
such cases, the worker pays no legal fees.
Assistance Available
Copies of Standards
The Federal Register is one of the best sources of information on
standards, since all OSHA standards are published there when
adopted, as are all amendments, corrections, insertions or
deletions. The Federal Register, published five days a week, is
available in many public libraries. Annual subscriptions are
available from the Superintendent of Documents, U.S. Government
Printing Office (GPO), Washington, DC 20402. For the current price,
contact GPO at (202) 783-3238.
Each year the Office of the Federal Register publishes all current
regulations and standards in the Code of Federal Regulations (CFR),
available at many public libraries and from GPO. OSHA's regulations
and standards are collected in several volumes in Title 29 CFR,
Parts 1900-1999.
Since states with OSHA-approved job safety and health programs
adopt and enforce their own standards under state law, copies of
these standards can be obtained from the individual states.
Addresses and phone numbers are found beginning on page 60 in the
appendix.
Training and Education
OSHA's field offices (more than 70) are full-service centers
offering a variety of informational services such as publications,
technical advice, audio-visual aids on workplace hazards, and
lecturers for speaking engagements.
The OSHA Training Institute in Des Plaines, IL, provides basic and
advanced training and education in safety and health for federal
and state CSHOs; state consultants; other federal agency personnel;
and private sector employers, employees and their representatives.
Institute courses cover topics such as electrical hazards, machine
guarding, ventilation and ergonomics. The Institute facility
includes classrooms, laboratories, a library and an audio-visual
unit. The laboratories contain various demonstrations and
equipment, such as power presses, woodworking and welding shops, a
complete industrial ventilation unit, and a noise demonstration
laboratory. Sixty-three courses are available for students from the
private sector dealing with subjects such as safety and health in
the construction industry and methods of voluntary compliance with
OSHA standards.
OSHA also provides funds to nonprofit organizations to conduct
workplace training and education in subjects where OSHA believes
there is a current lack of workplace training. OSHA identifies
areas of unmet needs for safety and health education in the
workplace annually and invites grant applications to address these
needs. The Training Institute is OSHA's point of contact for
learning about the many valuable training products and materials
developed under such grants.
Organizations awarded grants use funds to develop training and
educational programs, reach out to workers and employers for whom
their program is appropriate, and provide these programs to
employers and employees.
Grants are awarded annually, with a one-year renewal possible.
Grant recipients are expected to contribute 20 percent of the total
grant cost.
While OSHA does not provide grant materials directly, it will
provide addresses and phone numbers of contact persons from whom
the public can order such materials for its use. Contact the OSHA
Training Institute at (708) 297-4810.
Consultation Assistance
Consultation assistance is available to employers who want help in
establishing and maintaining a safe and healthful workplace.
Largely funded by OSHA, the service is provided at no cost to the
employer.
No penalties are proposed or citations issued for hazards
identified by the consultant.
The service is provided to the employer with the assurance that his
or her name and firm and any information about the workplace will
not be routinely reported to OSHA inspection staff.
Besides helping employers identify and correct specific hazards,
consultation can include assistance in developing and implementing
effective workplace safety and health programs with emphasis on the
prevention of worker injuries and illnesses. Limited assistance
such as training and education services, is also provided away from
the worksite.
Primarily targeted for smaller employers with more hazardous
operations, the consultation service is delivered by state
government agencies or universities employing professional safety
consultants and health consultants. When delivered at the worksite,
consultation assistance includes an opening conference with the
employer to explain the ground rules for consultation, a walk
through the workplace to identify any specific hazards and to
examine those aspects of the employer's safety and health program
which relate to the scope of the visit, and a closing conference
followed by a written report to the employer of the consultant's
findings and recommendations.
This process begins with the employer's request for consultation
and the commitment to correct any serious job safety and health
hazards identified by the consultant. Possible violations of OSHA
standards will not be reported to OSHA enforcement staff unless the
employer fails or refuses to eliminate or control worker exposure
to any identified serious hazard or imminent danger situation. In
such unusual circumstances, OSHA may investigate and begin
enforcement action.
Employers who receive a comprehensive consultation visit, correct
all identified hazards, and demonstrate that an effective safety
and health program is in operation may be exempted from OSHA
general schedule enforcement inspections (not complaint or accident
investigations) for a period of one year. Comprehensive
consultation assistance includes an appraisal of all work
practices; mechanical, physical, and environmental hazards in the
workplace; and, all aspects of the employer's present job safety
and health program.
Additional information concerning consultation assistance,
including a directory of OSHA-funded consultation projects, can be
obtained by requesting OSHA publication No. 3047, Consultation
Services for the Employer.
Voluntary Protection Programs
The Voluntary Protection Programs (VPPs) represent one part of
OSHA's effort to extend worker protection beyond the minimum
required by OSHA standards. These programs, along with others such
as expanded on-site consultation services and full-service area
offices, are cooperative approaches which, when coupled with an
effective enforcement program, expand worker protection to help
meet the goals of the Occupational Safety and Health Act of 1970.
The VPPs are designed to:
Recognize outstanding achievement of those who have successfully
incorporated comprehensive safety and health programs into their
total management system
Motivate others to achieve excellent safety and health results in
the same outstanding way
Establish a relationship between employers, employees, and OSHA
that is based on cooperation rather than coercion
OSHA reviews an employer's VPP application and conducts an on-site
review to verify that the safety and health program described is in
operation at the site. Evaluations are conducted on a regular
basis, annually for Merit and Demonstration programs, and
triennially for Star. All participants must send their injury
information annually to their OSHA regional office. Sites
participating in the VPP are not scheduled for programmed
inspections; however, any employee complaints, serious accidents or
significant chemical releases that may occur are handled according
to routine enforcement procedures.
An employer may make application for any VPP at the nearest OSHA
regional office. Once OSHA is satisfied that, on paper, the
employer qualifies for the program, an onsite review will be
scheduled. The review team presents its findings in a written
report for the company's review prior to submission to the
Assistant Secretary of Labor, who heads OSHA. If approved, the
employer receives a letter from the Assistant Secretary informing
the site of its participation in the VPP. A certificate of approval
and flag are presented at a ceremony held at or near the approved
worksite. Star sites receiving reapproval after each triennial
evaluation receive plaques at similar ceremonies.
The VPPs described are available in states under federal
jurisdiction. Some states with their own safety and health programs
have similar programs. Interested companies in these states should
contact the appropriate state agency for more information (see list
beginning on page 59).
Information Sources
Information about state programs, VPP, consultation programs, and
inspections can be obtained from the nearest OSHA field office, or
from one of the 10 regional OSHA offices listed, beginning on page
63 in the appendix. The listing indicates the states and
territories under the jurisdiction of each regional office. Area
offices under regional office jurisdiction are listed in local
phone directories under U.S. Government listings for the U.S
Department of Labor.
Other Sources
A single free copy of an OSHA catalog, OSHA 2019, "OSHA
Publications and Audiovisual Programs," may be obtained by mailing
a self-addressed mailing label to the OSHA Publications Office,
Room N3101, US Department of Labor, Washington, DC 20210; telephone
(202) 219-9667. Descriptions of and ordering information for all
OSHA publications and audiovisual programs are contained in this
catalog.
Questions about OSHA programs, the status of ongoing
standards-setting activities, and general inquiries about OSHA may
be addressed to the OSHA Office of Information & Consumer Affairs,
Room N3637, U.S. Department of Labor, Washington, DC 20210;
telephone (202) 219-8151.
Those who are interested in following OSHA activities more closely
may be interested in subscribing to OSHA's official magazine, Job
Safety & Health Quarterly. Subscription orders may be placed with
the Superintendent of Documents, Government Printing Office,
Washington, DC 20402; telephone (202) 783-3238. Orders by phone may
be charged to VISA or MASTERCARD. Written orders should be
accompanied by a check or money order made payable to
"Superintendent of Documents" in the amount of $5.50 (international
orders add 25%).
Penalties
These are the types of violations that may be cited and the
penalties that may be proposed:
Other-Than-Serious Violation: A violation that has a direct
relationship to job safety and health, but probably would not cause
death or serious physical harm. A proposed penalty of up to $7,000
for each violation is discretionary. A penalty for an
other-than-serious violation may be adjusted downward by as much as
95 percent, depending on the employer's good faith (demonstrated
efforts to comply with the Act), history of previous violations,
and size of business. When the adjusted penalty amounts to less
than $50, no penalty is proposed.
Serious Violation: A violation where there is substantial
probability that death or serious physical harm could result and
that the employer knew, or should have known, of the hazard. A
mandatory penalty of up to $7,000 for each violation is proposed.
A penalty for a serious violation may be adjusted downward, based
on the employer's good faith, history of previous violations, the
gravity of the alleged violation, and size of business.
Willful Violation: A violation that the employer intentionally and
knowingly commits. The employer either knows that what he or she is
doing constitutes a violation, or is aware that a hazardous
condition existed and has made no reasonable effort to eliminate
it.
The Act provides that an employer who willfully violates the Act
may be assessed a civil penalty of not more than $70,000 but not
less than $5,000 for each violation. A proposed penalty for a
willful violation may be adjusted downward, depending on the size
of the business and its history of previous violations. Usually no
credit is given for good faith.
If an employer is convicted of a willful violation of a standard
that has resulted in the death of an employee, the offense is
punishable by a court-imposed fine or by imprisonment for up to six
months, or both. A fine of up to $250,000 for an individual, or
$500,000 for a corporation [authorized under the Comprehensive
Crime Control Act of 1984 (1984 CCA), not the OSH Act], may be
imposed for a criminal conviction.
Repeated Violation: A violation of any standard, regulation, rule
or order where, upon reinspection, a substantially similar
violation is found. Repeated violations can bring a fine of up to
$70,000 for each such violation. To be the basis of a repeat
citation, the original citation must be final; a citation under
contest may not serve as the basis for a subsequent repeat
citation.
Failure to Correct Prior Violation: Failure to correct a prior
violation may bring a civil penalty of up to $7,000 for each day
the violation continues beyond the prescribed abatement date.
Additional violations for which citations and proposed penalties
may be issued are as follows:
Falsifying records, reports or applications upon conviction can
bring a fine of $10,000 or up to six months in jail, or both
Violations of posting requirements can bring a civil penalty of up
to $7,000
Assaulting a compliance officer, or otherwise resisting, opposing,
intimidating, or interfering with a compliance officer in the
performance of his or her duties is a criminal offense, subject to
a fine of not more than $250,000 for an individual and $500,000 for
a corporation (1984 CCA) and imprisonment for not more than three
years
Citation and penalty procedures may differ somewhat in states with
their own occupational safety and health programs.
Appeals Process
Appeals by Employees: If an inspection was initiated due to an
employee complaint, the employee or authorized employee
representative may request an informal review of any decision not
to issue a citation.
Employees may not contest citations, amendments to citations,
penalties or lack of penalties. They may contest the time in the
citation for abatement of a hazardous condition. They also may
contest an employer's Petition for Modification of Abatement (PMA)
which requests an extension of the abatement period. Employees must
contest the PMA within 10 working days of its posting or within 10
working days after an authorized employee representative has
received a copy.
Within 15 working days of the employer's receipt of the citation,
the employee may submit a written objection to OSHA. The OSHA area
director forwards the objection to the Occupational Safety and
Health Review Commission, which operates independently of OSHA.
Employees may request an informal conference with OSHA to discuss
any issues raised by an inspection, citation, notice of proposed
penalty or employer's notice of intention to contest.
Appeals by Employers: When issued a citation or notice of a
proposed penalty, an employer may request an informal meeting with
OSHA's area director to discuss the case. Employee representatives
may be invited to attend the meeting. The area director is
authorized to enter into settlement agreements that revise
citations and penalties to avoid prolonged legal disputes.
Petition for Modification of Abatement (PMA): Upon receiving a
citation, the employer must correct the cited hazard by the
prescribed date unless he or she contests the citation or abatement
date. If factors beyond the employer's reasonable control prevent
the completion of corrections by that date, the employer who has
made a good faith effort to comply may file a PMA for an extended
date.
The written petition should specify all steps taken to achieve
compliance, the additional time needed to achieve complete
compliance, the reasons this additional time is needed, and all
temporary steps being taken to safeguard employees against the
cited hazard during the intervening period. It should also indicate
that a copy of the PMA was posted in a conspicuous place at or near
each place where a violation occurred, and that the employee
representative (if there is one) received a copy of the petition.
Notice of Contest: If the employer decides to contest either the
citation, the time set for abatement, or the proposed penalty, he
or she has 15 working days from the time the citation and proposed
penalty are received in which to notify the OSHA area director in
writing. An orally expressed disagreement will not suffice. This
written notification is called a "Notice of Contest."
There is no specific format for the Notice of Contest; however, it
must clearly identify the employer's basis for contesting the
citation, notice of proposed penalty, abatement period, or
notification of failure to correct violations.
A copy of the Notice of Contest must be given to the employees'
authorized representative. If any affected employees are not
represented by a recognized bargaining agent, a copy of the notice
must be posted in a prominent location in the workplace, or else
served personally upon each unrepresented employee.
Appeal Review Procedure
If the written Notice of Contest has been filed within the required
15 working days, the OSHA area director forwards the case to the
Occupational Safety and Health Review Commission (OSHRC). The
Commission is an independent agency not associated with OSHA or the
Department of Labor. The Commission assigns the case to an
administrative law judge.
The judge may disallow the contest if it is found to be legally
invalid, or a hearing may be scheduled for a public place near the
employer's workplace. The employer and the employees have the right
to participate in the hearing; the OSHRC does not require that they
be represented by attorneys.
Once the administrative law judge has ruled, any party to the case
may request a further review by OSHRC. Any of the three OSHRC
commissioners also may, at his or her own motion, bring a case
before the Commission for review. Commission rulings may be
appealed to the appropriate U.S. Court of Appeals.
Appeals In State-Plan States
States with their own occupational safety and health programs have
a state system for review and appeal of citations, penalties, and
abatement periods. The procedures are generally similar to Federal
OSHA's, but cases are heard by a state review board or equivalent
authority.
Relation to State, Local and Other Federal Laws
As discussed above in the section titled "Who is Covered," Federal
OSHA has jurisdiction over workplace safety and health issues in
all states that do not operate their own OSHA-approved programs. In
fact, any occupational safety and health issues regulated by a
state that does not have an OSHA-approved program are preempted by
OSHA jurisdiction.
The agency also covers all working conditions that are not covered
by safety and health regulations of some other federal agency under
other legislation. Industries where such regulations frequently
apply include most transportation industries (rail, air and highway
safety are under the Department of Transportation), nuclear
industries (covered either by the Department of Energy or the
Nuclear Regulatory commission) and mining (covered by the
Department of Labor's Mine Safety and Health Administration, and
discussed elsewhere in this publication). OSHA also has the
authority to monitor the safety and health of federal employees.
5. EMPLOYEE BENEFIT PLANS
Employee Retirement Income Security Act (ERISA), 29 USC §1001 et
seq., 29 CFR §2509 et seq.
Who is Covered
The provisions of Title I of ERISA are intended to require
compliance from most private sector employee benefit plans.
Employee benefit plans are voluntarily established and maintained
by an employer, an employee organization, or jointly by one or more
such employers and the employee organization. Employee benefit
plans which are pension plans are established and maintained to
provide retirement income or to defer income to termination of
covered employment or beyond. Employee benefit plans which are
welfare plans are established and maintained to provide, through
insurance or otherwise, health benefits, disability benefits, death
benefits, prepaid legal services, vacation benefits, day care
centers, scholarship funds, apprenticeship and training benefits,
or other similar benefits.
In general, ERISA does not cover plans established or maintained by
governmental entities or churches for their employees, or plans
which are maintained solely to comply with applicable workers
compensation, unemployment or disability laws. ERISA also does not
cover plans maintained outside the United States primarily for the
benefit of nonresident aliens or unfunded excess benefit plans.
Basic Provisions/Requirements
ERISA sets uniform minimum standards to assure the equitable
character of employee benefit plans and their financial soundness
to provide workers with benefits promised by their employers. In
addition, employers have an obligation to provide promised benefits
and satisfy ERISA's requirements on managing and administering
private pension and welfare plans. The Department's Pension and
Welfare Benefits Administration (PWBA), together with the Internal
Revenue Service (IRS), carries out its statutory and regulatory
authority to assure that workers receive the promised benefits. The
Department has principal jurisdiction over Title I of ERISA, which
requires persons and entities who manage and control plan funds to:
Carry out their duties in a prudent manner and refrain from
conflict-of-interest transactions expressly prohibited by law, for
the exclusive benefit of participants and beneficiaries
Comply with limitations on certain plans' investments in employer
securities and properties
Fund benefits in accordance with the law and plan rules
Report and disclose information on the operations and financial
condition of plans to the government and participants
Provide documents required in the conduct of investigations to
assure compliance with the law
The IRS administers Title II of ERISA, which includes vesting
participation, discrimination and funding standards.
Reporting and Disclosure
Part 1 of Title I requires the administrator of an employee benefit
plan to furnish participants and beneficiaries with a summary plan
description (SPD), describing in understandable terms, their
rights, benefits and responsibilities under the plan. Plan
administrators are also required to furnish participants with a
summary of any material changes to the plan or changes to the
information contained in the summary plan description. Generally,
copies of these documents must be filed with the Department.
In addition, the administrator must file an annual report (Form
5500 Series) each year containing financial and other information
concerning the operation of the plan. Plans with 100 or more
participants must file the Form 5500. Plans with fewer than 100
participants file the Form 5500-C at least every third year and may
file a Form 5500-R, an abbreviated report, in the two intervening
years. The forms are filed with the Internal Revenue Service, which
furnishes the information to the Department of Labor. Welfare
benefit plans with fewer than 100 participants that are fully
insured or unfunded (i.e., benefits are provided exclusively
through insurance contracts where the premiums are paid directly
from the general assets of the employer or the benefits are paid
from the general assets of the employer) are not required to file
an annual report under regulations issued by the Department. Plan
administrators must furnish participants and beneficiaries with a
summary of the information in the annual report.
The Department's regulations governing reporting and disclosure
requirements are set forth at 29 CFR §2520.101-1 et seq.
Fiduciary Standards
Part 4 sets forth standards and rules governing the conduct of plan
fiduciaries. In general, persons who exercise discretionary
authority or control regarding management of a plan or disposition
of its assets are "fiduciaries" for purposes of Title I of ERISA.
Fiduciaries are required, among other things, to discharge their
duties solely in the interest of plan participants and
beneficiaries and for the exclusive purpose of providing benefits
and defraying reasonable expenses of administering the plan. In
discharging their duties, fiduciaries must act prudently and in
accordance with documents governing the plan, to the extent such
documents are consistent with ERISA. Certain transactions between
an employee benefit plan and "parties in interest," which include
the employer and others who may be in a position to exercise
improper influence over the plan, are prohibited by ERISA. Most of
these transactions are also prohibited by the Internal Revenue Code
("Code"). The Code imposes an excise tax on "disqualified persons"
-- whose definition generally parallels that of parties in interest
-- who participate in such transactions.
Exemptions
Both ERISA and the Code contain various statutory exemptions from
the prohibited transaction rules and give the Departments of Labor
and Treasury, respectively, authority to grant administrative
exemptions and establish exemption procedures. Reorganization Plan
No. 4 of 1978 transferred the authority of the Treasury Department
over prohibited transaction exemptions, with certain exceptions, to
the Labor Department.
The statutory exemptions generally include loans to participants,
the provision of services necessary for operation of a plan for
reasonable compensation, loans to employee stock ownership plans,
and investment with certain financial institutions regulated by
other State or Federal agencies. (See ERISA section 408 for the
conditions of the exemptions.) Administrative exemptions may be
granted by the Department on a class or individual basis for a wide
variety of proposed transactions with a plan. Applications for
individual exemptions must include, among other information:
Percentage of assets involved in the exemption transaction
The names of persons with investment discretion
Extent of plan assets already invested in loans to, property leased
by, and securities issued by parties in interest involved in the
transaction
Copies of all contracts, agreements, instruments and relevant
portions of plan documents and trust agreements bearing on the
exemption transaction
Information regarding plan participation in pooled funds when the
exemption transaction involves such funds
Declaration, under penalty of perjury by the applicant, attesting
to the truth of representations made in such exemption submissions
Statement of consent by third-party experts acknowledging that
their statement is being submitted to the Department as part of an
exemption application
The Department's exemption procedures are set forth at 29 CFR
§2570.30 through 2570.51.
Enforcement
ERISA imposes substantial law enforcement responsibilities on the
Department. Part 5 of ERISA Title I gives the Department authority
to bring a civil action to correct violations of the law, gives
investigative authority to determine whether any person has
violated Title I, and imposes criminal penalties on any person who
willfully violates any provision of Part 1 of Title V.
Continuation Health Coverage
Continuation health care provisions were enacted as part of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).
These provisions cover group health plans of employers with 20 or
more employees on a typical working day in the previous calendar
year. COBRA gives participants and beneficiaries an election to
maintain at their own expense coverage under their health plan at
a cost that is comparable to what it would be if they were still
members of the employer's group. Employers and plan administrators
have an obligation to determine specific rights of beneficiaries
with respect to election, notification and type of coverage
options. (See 29 USC §§1161 through 1168). Plans must give covered
individuals an initial general notice informing them of their
rights under COBRA and describing the law. Plan administrators are
required to provide specific notices when certain events occur. In
most instances of employee death, termination, reduced hours of
employment, entitlement to Medicare, or bankruptcy, it becomes the
employer's responsibility to provide a specific notice to the plan
administrator.
The Department has limited regulatory and interpretative
jurisdiction over COBRA provisions. Its responsibility includes the
COBRA notification and disclosure provisions.
Jurisdiction of the Internal Revenue Service
The IRS has regulatory and interpretative responsibility for all
provisions of COBRA not under DOL's jurisdiction. (See IRS proposed
regulations in the Federal Register of June 14, 1987 (52 FR
22716).) In addition, ERISA provisions relating to participation,
vesting, funding and benefit accrual, contained in parts 2 and 3 of
Title I, are generally administered and interpreted by the Internal
Revenue Service.
Assistance Available
PWBA has numerous general publications designed to assist employers
and employees in understanding their obligations and rights under
ERISA. Publications -- a listing of PWBA booklets and pamphlets --
is available by writing to: Publications Desk, PWBA, Division of
Public Affairs, Room N-5511, 200 Constitution Ave., NW, Washington,
DC 20210.
In addition, employee benefit plan documents and other materials
are available from the PWBA Public Disclosure Room. This facility
may be used to view and to obtain copies of materials on file.
Materials include: summary plan descriptions, Form 5500 Series
reports, Master Trust reports, 103-12 Investment Entity Reports,
Common or Collective Trust or Pooled Separate Account direct
filings, Apprentice and Other Training Plans notices, "Top Hat"
plan statements, advisory opinions, announcements and transcripts
of public hearings and proceedings.
The PWBA Public Disclosure Room is open to the public Monday
through Friday, from 8:30 a.m. to 4:30 p.m. Copies of materials are
available at a cost of 15 cents per page by ordering in person or
writing to: PWBA Public Disclosure Room, U.S. Department of Labor,
Room N-5507, 200 Constitution Ave., NW, Washington, DC 20210.
Given the complexity of ERISA requirements, employers may seek the
assistance of an attorney, CPA firm, investment or brokerage firm,
and other employee benefit consultants in complying with the law.
Penalties
PWBA has authority to assess civil penalties for reporting
violations and prohibited transactions involving a plan under ERISA
Section 502(c). A penalty of up to $1,000 per day may be assessed
against plan administrators who fail to or refuse to comply with
annual reporting requirements. Section 502(i) gives the agency
authority to assess civil penalties against parties in interest who
engage in prohibited transactions with welfare and nonqualified
pension plans. The penalty can range from five percent to 100
percent of the amount involved in a transaction. A parallel
provision of the Code directly imposes an excise tax against
disqualified persons, including employee benefit plan sponsors and
service providers, who engage in prohibited transactions with
tax-qualified pension and profit sharing plans. Finally, the
Department is required under Section 502(l) to assess mandatory
civil penalties equal to 20 percent of any amount recovered with
respect to fiduciary breaches resulting from either a settlement
agreement with the Department or a court order as the result of a
lawsuit by the Department.
Relation to State, Local and Other Federal Laws
Part 5 of Title I provides that the provisions of ERISA Titles I
and IV supersede state and local laws which "relate to" an employee
benefit plan. ERISA, however, saves certain state and local laws
from ERISA preemption, including certain exceptions for state
insurance regulation of multiple employer welfare arrangements
(MEWAs). MEWAs generally constitute employee welfare benefit plans
or other arrangements providing welfare benefits to employees of
more than one employer, not pursuant to a collective bargaining
agreement.
In addition, ERISA's general prohibitions against assignment or
alienation of pension benefits does not apply to qualified domestic
relations orders. These orders must be made pursuant to state
domestic relations law and award all or part of a participant's
benefit in the form of child support, alimony, or marital property
rights to an alternative payee (spouse, former spouse, child or
other dependent). Plan administrators must comply with the terms of
such orders.
6. WHISTLEBLOWER PROTECTION
Employee Protection (Whistleblower) Provisions -- Clean Air Act
(Title 42 U.S. Code, Section 7622); Comprehensive Environmental
Response, Compensation and Liability Act (Title 42 U.S. Code,
Section 9610); Energy Reorganization Act of 1974 (Title 42 U.S.
Code, Section 5851); Safe Drinking Water Act (Title 42 U.S. Code,
Section 300j-9(i)); Solid Waste Disposal Act (Title 42 U.S. Code,
Section 6971); Toxic Substances Control Act (Title 15 U.S. Code,
Section 2622); Federal Water Pollution Control Act (Title 33 U.S.
Code, Section 1367); 29 CFR 24).
Who is covered
These environmental Acts provide protection from discharge or other
discriminatory actions by employers in retaliation for employees'
good faith complaints about safety and health hazards in the
workplace. The Acts cover all private sector employers.
Basic Provisions/Requirements
The employee protection provisions of these Acts prohibit employers
from discharging or otherwise discriminating against employees in
retaliation for their disclosure of safety and health hazards to
the employer or to the appropriate federal agency. They also
protect employee participation in formal government proceedings in
connection with safety and health hazards. The Acts specifically
exclude from protection the disclosure of hazards deliberately
caused by an employee. Additionally, the statutes do not protect
"frivolous" complaints. Employees have the right under the Acts to
refuse to work in hazardous or unsafe situations.
Employees who believe they have been discriminated against in
violation of these protective provisions may file a complaint,
within 30 days of the alleged violation, with the Employment
Standards Administration's Wage and Hour Division.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Upon receipt of a complaint, the Wage and Hour Division conducts an
investigation to determine whether a violation has occurred. When
a violation has occurred, the employer is notified of the violation
determination and efforts are made to conciliate the situation. The
employer may appeal a violation determination to an administrative
law judge, if done within 5 calendar days of the notification of
the determination. The administrative law judge's decision is
referred to the Secretary of Labor for a final order. The Secretary
may affirm or set aside the administrative law judge's decision.
Where the Secretary concludes that a violation has occurred,
his/her final order may instruct the employer to take affirmative
action to abate the violation and provide for appropriate relief,
which may include restoration of back pay, employment status and
benefits. The Secretary may also order the employer to provide
compensatory damages to the employee. If dissatisfied with the
Secretary's decision, the employer may appeal in federal court.
Final determinations on violations are enforceable through the
courts. The employee is entitled to similar appeal rights under the
Acts.
Relation to State, Local and Other Federal Laws
The current whistleblower programs do not preempt existing state
statutes and common law claims. All provisions contained in the
programs are in addition to protection provided by state laws.
7. VETERANS
Veterans' Reemployment Rights Act (VRR).
Who is Covered
VRR applies to persons who are inducted into the Armed Forces, to
persons who volunteer directly for active duty and to Reservists
and members of the National Guard who are called to active duty
either voluntarily or involuntarily. In addition, VRR covers
members of the Reserves and National Guard during initial active
duty training, active duty for training and inactive duty training.
Basic Provisions/Requirements
Veterans returning from active duty must meet the following five
eligibility requirements to be covered by VRR:
Held an "other than temporary" (not necessarily "permanent")
civilian job
Left the civilian job for the purpose of going on active duty
Did not remain on active duty longer than 4 years, unless the
period beyond 4 years (up to an additional year) was "at the
request and for convenience of the Federal Government"
Was discharged or released from active duty "under honorable
conditions"
Applied for reemployment with the pre-service employer or successor
in interest within 90 days after separation from active duty
Eligible veterans are entitled to reinstatement within a reasonable
time to a position of like seniority, status and pay. In addition,
the returning veterans do not step back on the seniority escalator
at the point they stepped off. Rather the veterans step back on at
the precise point that they would have occupied had they kept the
position continuously during the military service.
VRR provides that a reservist or member of the National Guard shall
upon request be granted a leave of absence by such person's
employer to perform active duty training or inactive duty training
and that the employee shall not be denied retention in employment
or any promotion or other incident or advantage of employment
because of any obligation as a member of a Reserve component of the
Armed Forces. In addition, while the employer is not required to
pay the Reservist or National Guard member for the hours or days
not worked because of military training obligations, it is unlawful
to require the employee to use earned vacation time for military
training.
A person who leaves a civilian job in order to perform active duty
is not required to request a leave of absence or even to notify the
employer that military service is the reason for leaving the job,
although such a person is encouraged to provide the employer with
as much information as possible. However, a Reservist or member of
the National Guard must request a leave of absence when leaving the
civilian job to perform active duty training or inactive duty
training.
VRR is enforced by DOL's Veterans' Employment and Training Service
(VETS).
Assistance Available
VETS has published two fact sheets covering the veteran
reemployment and job rights. These are OASVET 90-09 entitled "Job
Rights for Reservists and Members of the National Guard" and OAVET
90-10 entitled "Reemployment Rights for Returning Veterans."
Copies of these and other VETS' publications or answers to
questions on VRR may be obtained from the nearest VETS office, as
listed beginning on page 67 in the appendix.
Penalties
Not Applicable.
Relation to State, Local and Other Federal Laws
The VRR does not preempt state laws providing greater or additional
rights, but it does preempt state laws providing lesser rights or
imposing additional eligibility criteria.
8. PLANT CLOSINGS AND MASS LAYOFFS
Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C.
2101 et seq.; 20 CFR Part 639.
Who is Covered
In general, employers are covered by WARN if they have 100 or more
employees, not counting employees who have worked less than 6
months in the last 12 months and not counting employees who work an
average of less than 20 hours a week. Regular federal, state and
local government entities which provide public services are not
covered. Employees entitled to notice under WARN include hourly and
salaried workers, as well as managerial and supervisory employees.
Basic Provisions/Requirements
WARN requires employers to provide notice 60 days in advance of
covered plant closings and covered mass layoffs. This notice must
be provided to affected workers or their representatives (e.g., a
labor union), to the state dislocated worker unit, and to the
appropriate local government.
A covered plant closing occurs when a facility or operating unit is
shut down for more than 6 months, and 50 or more workers lose their
jobs as a result during a 30-day period. A covered mass layoff
occurs when a layoff of 6 months or longer affects 500 or more
workers, or 33 percent or more of the employer's workforce when the
layoffs affect between 50 and 499 workers. The number of affected
workers is the total number laid off during a 30-, or in some cases
90-, day period.
WARN does not apply to the closing of temporary facilities, or the
completion of an activity when the workers were hired only for the
duration of that activity. WARN also provides for less than 60 days
notice when the layoffs were the result of the closing a faltering
company, unforeseeable business circumstances, or a natural
disaster.
Assistance Available
The Department of Labor has published a pamphlet entitled "A Guide
to Advance Notice of Closings and Layoffs," which describes the
Worker Adjustment and Retraining Notification Act. Requests for
copies of the pamphlet, or general questions on the regulations,
may be addressed to:
U.S. Department of Labor
Employment and Training Administration
Office of Work-Based Learning
Room N-4469
200 Constitution Avenue, N.W. Washington, DC 20210
(202) 219-5577 (not a toll-free number)
The Department, since it does not have administrative or
enforcement authority under WARN, cannot provide specific advice or
guidance with respect to individual situations.
Penalties
An employer who violates the WARN provisions is liable to each
employee for an amount equal to back pay and benefits for the
period of the violation, up to 60 days. This may be reduced by the
period of any notice that was given, and any voluntary payments
made by the employer to the employee.
An employer who fails to provide the required notice to the unit of
local government is subject to a civil penalty not to exceed $500
for each day of violation. This may be avoided if the employer
satisfies the liability to each employee within 3 weeks after the
closing or layoff.
Enforcement of WARN requirements is through the United States
district courts. Workers, or their representatives, and units of
local government may bring individual or class action suits. The
Court may allow reasonable attorney's fees as part of any final
judgement.
Relation to State, Local and Other Federal Laws
WARN is in addition to, and does not preempt any other federal,
state or local law, or any employer/employee agreement which
requires other notification or benefit.
9. LIE DETECTOR TESTS
Employee Polygraph Protection Act of 1988 (29 U.S. Code, Section
2001 et seq.; 29 CFR Part 801).
Who is Covered
The Employee Polygraph Protection Act (EPPA) applies to most
private employers. Federal, state and local governments are not
covered by the law.
Basic Provisions/Requirements
The EPPA prohibits most private employers from using lie detector
tests either for pre-employment screening or during the course of
employment.
Employers are generally prohibited from requiring or requesting any
employee or job applicant to take a lie detector test, and from
discharging, disciplining, or discriminating against an employee or
prospective employee for refusing to take a test or for exercising
other rights under the Act. Employers may not use or inquire about
the results of a lie detector test or discharge or discriminate
against an employee, a prospective employee, or a former employee
for refusal to take a test, on the basis of the results of a test,
or for filing a complaint, or participating in a proceeding under
the Act.
The Act permits polygraph (a type of lie detector) tests to be
administered, subject to restrictions, to certain prospective
employees of security service firms (armored car, alarm, and
guard), and of pharmaceutical manufacturers, distributors and
dispensers.
The Act also permits polygraph testing, subject to restrictions, of
certain employees of private firms who are reasonably suspected of
involvement in a workplace incident (theft, embezzlement, etc.)
that resulted in specific economic loss or injury to the employer.
Where polygraph examinations are permitted, they are subject to
strict standards concerning the conduct of the test, including the
pretest, testing and post-testing phases. An examiner must also be
licensed and bonded or have professional liability coverage. The
Act strictly limits the disclosure of information obtained during
a polygraph test.
Assistance Available
The Act is administered and enforced by the Employment Standards
Administration's Wage and Hour Division. More detailed information,
including copies of explanatory brochures and regulatory and
interpretative materials, may be obtained by contacting the offices
listed beginning on page 53 in the appendix.
Penalties
The Secretary of Labor can bring court action to restrain violators
and assess civil money penalties up to $10,000 per violation
against violators. Employers who violate the law may be liable to
the employee or prospective employee for legal and equitable
relief, including employment, reinstatement, promotion and payment
of lost wages and benefits. Any person against whom a civil money
penalty is assessed may, within 30 days of the notice of
assessment, request a hearing before an administrative law judge.
If dissatisfied with the administrative law judge's decision, such
person may request a review of the decision by the Secretary of
Labor. Final determinations on violations are enforceable through
the courts.
Relation to State, Local and Other Federal Laws
The law does not preempt any provision of any state or local law or
any collective bargaining agreement which is more restrictive with
respect to lie detector tests.
10. WAGE GARNISHMENT
Title III, Consumer Credit Protection Act (15 U.S. Code, Sections
1671 et seq; 29 CFR 870).
Who is Covered
Title III of the Consumer Credit Protection Act (CCPA) protects
employees from being discharged by their employers because of
garnishment for any one indebtedness and limits the amount of
employees' earnings which may be garnished in any one week. Title
III applies to all individuals who receive personal earnings and to
their employers. Personal earnings include wages, salaries,
commissions, bonuses and income from a pension or retirement
program but does not ordinarily include tips.
The law applies in all 50 states, the District of Columbia, Puerto
Rico and all U.S. territories and possessions.
Basic Provisions/Requirements
Wage garnishment is a legal procedure through which the earnings of
an individual are required by court order to be withheld by an
employer for the payment of a debt. Title III prohibits an employer
from discharging an employee whose earnings have been subject to
garnishment for any one debt, regardless of the number of levies
made or proceedings brought to collect it. It does not, however,
protect an employee from discharge if the employee's earnings have
been subject to garnishment for a second or subsequent debts.
Title III also protects employees by limiting the amount of their
earnings that may be garnished in any workweek or pay period to the
lesser of 25 percent of disposable earnings or the amount by which
disposable earnings are greater than 30 times the federal minimum
hourly wage prescribed by section 6(a)(1) of the Fair Labor
Standards Act of 1938. This limit applies regardless of the number
of garnishment orders received by an employer. The federal minimum
wage is $4.25 per hour.
In court orders for child support or alimony, Title III allows up
to 50 percent of an employee's disposable earnings to be garnished
if the employee is supporting another spouse or child, and up to 60
percent for an employee who is not. An additional 5 percent may be
garnished for support payments which are more than 12 weeks in
arrears.
"Disposable earnings" is the amount of employee earnings left after
legally required deductions have been made for federal, state and
local taxes, Social Security, unemployment insurance and state
employee retirement systems. Other deductions which are not
required by law, e.g., union dues, health and life insurance, and
charitable contributions, are not subtracted from gross earnings
when calculating the amount of disposable earnings for garnishment
purposes.
Title III specifies that garnishment restrictions do not apply to
bankruptcy court orders and debts due for federal and state taxes.
Nor does it affect voluntary wage assignments, i.e., situations in
which workers voluntarily agree that their employers may turn over
some specified amount of their earnings to a creditor or creditors.
Assistance Available
Title III is administered and enforced by the Employment Standards
Administration's Wage and Hour Division. More detailed information,
including copies of explanatory brochures and regulatory and
interpretative materials, may be obtained by contacting the offices
listed beginning on page 53 in the appendix.
Penalties
Violations of Title III may result in the reinstatement of a
discharged employee, with back pay, and the correction of improper
garnishment amounts. Where violations cannot be resolved through
informal means, court action may be initiated to restrain and
remedy violations. Employers who willfully violate the discharge
provisions of the law may be prosecuted criminally and fined up to
$1,000, or imprisoned for not more than one year, or both.
Relation to State, Local and Other Federal Laws
If a state wage garnishment law differs from Title III, the law
resulting in the smaller garnishment, or prohibiting the discharge
of any employee because his or her earnings have been subject to
garnishment for more than one indebtedness must be observed.
APPENDIX
Wage and Hour Division
National Office
Office of Program Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3028
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-8353
Division of Farm Labor, Child Labor, and Polygraph Standards
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3510
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-4670
Division of Contract Standards Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3018
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-7541
Division of Fair Labor Standards Act Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3516
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-1407
Division of Wage Determinations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3014
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-7531
Regional Administrators
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 750
201 Varick St.
New York, New York 10014
(212) 337-2000
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 662
1375 Peachtree St., N.E.
Atlanta, Georgia 30367
(404) 347-4801
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Building, S. 800
525 S. Griffin St.
Dallas, Texas 75202
(214) 767-6894
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Office Building
1801 California St., S. 930
Denver, Colorado 80202-2614
(303) 391-6780
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
1111 Third Ave., S. 600
Seattle, Washington 98101
(206) 553-1914
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
One Congress St., 11th Fl.
Boston, Massachusetts 02114
(617) 565-2066
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 15230
Gateway Building
3535 Market St.
Philadelphia, Pennsylvania 19104
(215) 596-1185
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 820
230 South Dearborn St.
Chicago, Illinois 60604
(312) 353-7280
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Office Building, Room 2000
911 Walnut St.
Kansas City, Missouri 64106
(816) 426-5381
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, S. 930
71 Stevenson St.
San Francisco, California 94105
(415) 744-6645
Office of Federal Contract Compliance Programs
OFCCP/ESA
U.S. Department of Labor
200 Constitution Ave., N.W.
Washington, DC 20210
(202) 219-9475
OFCCP/ESA
U.S. Department of Labor
One Congress St., 11th Fl.
Boston, MA 02114
(617) 565-2055
OFCCP/ESA
U.S. Department of Labor
201 Varick St., Room 750
New York, NY 10014
(212) 337-2006
OFCCP/ESA
U.S. Department of Labor
Gateway Building, Room 15340
3535 Market St.
Philadelphia, PA 19104
(215) 596-6168
OFCCP/ESA
U.S. Department of Labor, S. 678
1375 Peachtree St., N.E.
Atlanta, GA 30367
(404) 347-3200
OFCCP/ESA
U.S. Department of Labor
New Federal Building, Room 570
230 South Dearborn St.
Chicago, IL 60604
(312) 353-0335
OFCCP/ESA
U.S. Department of Labor
Federal Building, Room 840
525 South Griffin St.
Dallas, TX 75202
(214) 767-4771
OFCCP/ESA
U.S. Department of Labor
911 Walnut St., Room 2011
Kansas City, MO 64106
(816) 426-5384
OFCCP/ESA
U.S. Department of Labor
Federal Office Building, S. 935
1801 California St.
Denver, CO 80202
(303) 844-5011
OFCCP/ESA
U.S. Department of Labor
71 Stevenson St., S. 910
San Francisco, CA 94105
(415) 744-6640
OFCCP/ESA
U.S. Department of Labor, S. 610
1111 Third Ave.
Seattle, WA 98101
(206) 553-4508
Occupational Safety and Health Administration
State Program Offices
Alaska Department of Labor
1111 West 8th St., Room 306
Juneau, AK 99802
(907) 465-2700
Industrial Comm. of Arizona
800 W. Washington
Phoenix, AZ 85007
(602) 542-5795
California Dept. of Industrial Relations
455 Golden Gate Ave., 4th Fl.
San Francisco, CA 94102
(415) 703-4590
Connecticut Dept. of Labor
200 Folly Brook Blvd.
Wethersfield, CT 06109
(203) 566-5123
Hawaii Dept. of Labor and Industrial Relations
830 Punchbowl St.
Honolulu, HI 96813
(808) 586-8844
Indiana Dept. of Labor
State Office Bldg., Room W-195
402 West Washington St.
Indianapolis, IN 46204
(317) 232-2378
Iowa Div. of Labor Services
1000 E. Grand Ave.
Des Moines, IA 50319
(515) 281-3447
Kentucky Labor Cabinet
1049 US Highway 127 South
Frankfort, KY 40601
(502) 564-3070
Maryland Div. of Labor and Industry
Dept of Licensing and Regs
501 St. Paul Pl., 2nd Fl.
Baltimore, MD 21202
(301) 333-4179
Michigan Dept. of Labor
P.O. Box 30015
Victor Office Center
201 N. Washington Square
Lansing, MI 48933
(517) 373-9600
Michigan Dept. of Public Health
P.O. Box 30195
3423 N. Logan St.
Lansing, MI 48909
(517) 335-8022
Minnesota Dept. of Labor and Industry
443 Lafayette Rd.
St. Paul, MN 55155
(612) 296-2342
Nevada Department of Industrial Relations
Division of Occupational Safety and Health
Capitol Complex
1370 S. Curry St.
Carson City, NV 89710
(702) 687-3032
New Mexico Environment Dept.
Occupational Health and Safety Bureau
P.O. Box 26110
1190 St. Francis Dr.
Santa Fe, NM 87502
(505) 827-2850
New York Dept. of Labor
State Office Building
Campus 12, Room 457
Albany, NY 12240
(518) 457-2741
North Carolina Dept. of Labor
4 W. Edenton St.
Raleigh, NC 27601
(919) 733-0360
Oregon Occupational Safety and Health Div.
Dept. of Insurance and Finance, Room 160
21 Labor and Industry Bldg.
Summer and Chemekita Sts., N.E.
Salem, OR 97310
(503) 378-3272
Puerto Rico Dept. of Labor and Human Resources
505 Munoz Rivera Ave.
Hato Rey, PR 00918
(809) 754-2119
South Carolina Dept. of Labor
P.O. Box 11329
3600 Forest Dr.
Columbia, SC 29211
(803) 734-9594
Tennessee Dept. of Labor
501 Union Bldg, 2nd Fl., S. "A"
Nashville, TN 37243
(615) 741-2582
Utah Occupational Safety and Health
160 E. 300 South
P.O. Box 5800
Salt Lake City, UT 84110
(801) 530-6900
Vermont Dept. of Labor and Industry
120 State St.
Montpelier, VT 05620
(802) 828-2288
Virgin Islands Dept. of Labor
2131 Hospital St.
Christiansted, St Croix VI 00840
(809) 773-1994
Virginia Dept. of Labor and Industry
Powers-Taylor Bldg.
13 S. 13th St.
Richmond, VA 23219
(804) 786-2376
Washington Dept. of Labor and Industries
P.O. Box 44001
Olympia, WA 98504
(206) 956-4200
Wyoming Dept. of Employment
Occupational Health and Safety Administration
Herschler Bldg, 2nd Fl. East
122 West 25th St
Cheyenne, WY 82002
(307) 777-7672
Regional OSHA Offices
Region I (CT**, MA, ME, NH, RI, VT*)
133 Portland St., 1st Fl.
Boston, MA 02114
(617) 565-7164
Region II (NJ, NY**, PR*, VI*)
201 Varick St., Room 670
New York, NY 10014
(212) 337-2378
Region III (DC, DE, MD*, PA, VA*, WV)
3535 Market St., S. 2100
Philadelphia, PA 19104
(215) 596-1201
Region IV (AL, FL, GA, KY*, MS, NC*, SC*, TN*)
1375 Peachtree St., N.E., Room 587
Atlanta, GA 30367
(404) 347-3573
Region V (IL, IN*, MI*, MN*, OH, WI)
230 S. Dearborn St., Room 3244
Chicago, IL 60604
(312) 353-2220
Region VI (AR, LA, NM*, OK, TX)
525 Griffin St, Room 602
Dallas, TX 75202
(214) 767-4731
Region VII (IA*, KS, MO, NE)
911 Walnut St., Room 406
Kansas City, MO 64106
(816) 426-5861
Region VIII (CO, MT, ND, SD, UT*, WY*)
1961 Stout St., Room 1576
Denver, CO 80294
(303) 844-3061
Region IX (American Samoa, AZ*, CA*, Guam, HI*, NV*, Pacific Trust
Territories)
71 Stevenson St., 4th Flr.
San Francisco, CA 94105
(415) 744-6670
Region X (AK*, ID, OR*, WA*)
1111 Third Ave., Room 715
Seattle, WA 98101-3212
(206) 553-5930
*State operates an OSHA-approved program in both the public and
private sectors.
**State operates a public employee-only program (NY & CT).
Office of Labor-Management Standards
OLMS
S. 600
1365 Peachtree St., NE
Atlanta, GA 30367
(404) 347-4237
OLMS
S. 302
121 High St.
Boston, MA 02110
(617) 565-8130
OLMS
S. 774
Federal Office Building
230 S. Dearborn St.
Chicago, IL 60604
(312) 353-7264
OLMS
S. 831
Federal Office Building
1240 East 9th St.
Cleveland, OH 44199
(216) 522-3855
OLMS
S. 300
525 Griffin Square Bldg.
Griffin and Young Streets
Dallas, TX 75202
(214) 767-6834
OLMS
S. 1606
Federal Office Building
Kansas City, MO 64106
(816) 426-2547
OLMS
S. 878
201 Varick St.
New York, NY 10014
(212) 337-2580
OLMS
S. 9452
William Green Federal Building
600 Arch St.
Philadelphia, PA 19106
(215) 597-4960
OLMS
S. 725
71 Stevenson St.
San Francisco, CA 94105
(415) 744-6669
OLMS
S. 558
Ridell Building
1730 K St., N.W.
Washington, DC 20006
(202) 254-6510
Veterans Employment and Training Service
MONTGOMERY, ALABAMA 36130
649 Monroe St.
(205) 223-7677
JUNEAU, ALASKA 99802
1111 West 8th St.
(907) 465-2723
PHOENIX, ARIZONA 85005
1300 West Washington
(602) 261-4961
LITTLE ROCK, ARKANSAS 72201
Employment Security Bldg.
State Capitol Mall, Rm. G-12
(501) 682-3786
SACRAMENTO, CALIFORNIA 94280
P. O. Box 942880
800 Capitol Mall, Room W1142
(916) 654-8178
SAN FRANCISCO, CALIFORNIA 94105
71 Stevenson St., S. 705
(415) 744-6677
DENVER, COLORADO 80203
600 Grant St., S. 900
(303) 866-1114
WETHERSFIELD, CONNECTICUT 06109
CT Department of Labor Building
200 Folly Brook Boulevard
(203) 566-3326
NEWARK, DELAWARE 19702
Stockton Building, Room 104
100 Chapman Rd.
(302) 368-6898
WASHINGTON, D.C. 20001
500 C St., N.W., Room 108
(202) 727-3342
TALLAHASSEE, FLORIDA 32399
S. 102, Atkins Building
1320 Executive Center Dr.
(904) 488-2967
ATLANTA, GEORGIA 30303
Sussex Place, S. 504
148 International Blvd, N.E.
(404) 656-3127
HONOLULU, HAWAII 96813
830 Punchbowl St.
Room 232A
(808) 541-1780
BOISE, IDAHO 83735
317 Main St., Room 303
(208) 334-6164 or 6163
CHICAGO, ILLINOIS 60605
401 South State St., 2 North
(312) 793-3433
INDIANAPOLIS, INDIANA 46204
10 North Senate Ave., Room 203
(317) 232-6804
DES MOINES, IOWA 50319
1000 East Grand Ave.
(515) 281-5106
TOPEKA, KANSAS 66612
1309 Topeka Boulevard
(913) 296-5032
FRANKFORT, KENTUCKY 40621
c/o Department for Employment Services
275 East Main St.
(502) 564-7062
BATON ROUGE, LOUISIANA 70804
Louisiana DOL
Employment Security Bldg.
Room 174, 1001 N. 23rd St.
(504) 342-5691
LEWISTON, MAINE 04243
522 Lisbon St.
(207) 783-5352
BALTIMORE, MARYLAND 21201
1100 North Eutaw St.
Room 205
(410) 333-5194
BOSTON, MASSACHUSETTS 02203
Room 506, JFK Federal Building
(617) 565-2081
DETROIT, MICHIGAN 48202
7310 Woodward Ave.
S. 407
(313) 876-5613, 5614, or 5615
ST. PAUL, MINNESOTA 55101
390 North Robert, 1st Fl.
(612) 296-3665
JACKSON, MISSISSIPPI 39215
1520 West Capitol St.
(601) 961-7588
JEFFERSON CITY, MISSOURI 65104
421 East Dunklin St.
(314) 751-9231
HELENA, MONTANA 59624
515 North Sanders
(406) 449-5431
LINCOLN, NEBRASKA 68509
550 South 16th St.
(402) 437-5289
CARSON CITY, NEVADA 89710
500 East Third St.
(702) 885-4632
CONCORD, NEW HAMPSHIRE 03301
55 Pleasant St., Room 325
(603) 225-1424 or 235-1425
TRENTON, NEW JERSEY 08609
28 Yard Ave., Room 200
(609) 292-2930
ALBUQUERQUE, NEW MEXICO 87108
1st National Bank Building, East
5301 Central, N.E., Room 1214
(505) 841-4592
ALBANY, NEW YORK 12240
Harriman State Campus
Building 12, Room 518
(518) 457-7465
RALEIGH, NORTH CAROLINA 27605
700 Wade Ave.
(919) 733-7402
BISMARCK, NORTH DAKOTA 58501
1000 Divide Ave.
(701) 224-2865
CLEVELAND, OHIO 44115
2728 Euclid Ave., 2nd Fl.
(216) 622-3084
COLUMBUS, OHIO 43216
OBES Building
145 South Front St.
(614) 466-2768
OKLAHOMA CITY, OKLAHOMA 73105
Will Rogers Memorial Office Building, Room 301
(405) 557-7189
SALEM, OREGON 97311
312 Employment Division Building
875 Union St., N.E.
(503) 378-3338
HARRISBURG, PENNSYLVANIA 17121
Labor and Industry Building
Room 625
Seventh and Forster Streets
(717) 787-5834
HATO REY, PUERTO RICO 00918
Puerto Rico Department of Labor and Human Resources Building
505 Munoz Rivera Ave.
15th Fl.
(809) 754-5391
PROVIDENCE, RHODE ISLAND 02903
507 Federal Building and Courthouse
(401) 528-5134
COLUMBIA, SOUTH CAROLINA 29201
914 Richland St., S. 101
(803) 253-7649
ABERDEEN, SOUTH DAKOTA 57402
420 South Roosevelt
P. O. Box 4730
(605) 226-7289
NASHVILLE, TENNESSEE 37201
301 James Robertson Parkway
Room 317
(615) 741-2135
AUSTIN, TEXAS 78701
TEC Building, Room 516-B
Trinity and 12th St.
(512) 463-2207
SALT LAKE CITY, UTAH 84111
140 E. 300 South
(801) 524-5703 or 524-5704
MONTPELIER, VERMONT 05602
Post Office Building
87 State St., Room 303
(802) 828-4441 or 828-4437
RICHMOND, VIRGINIA 23219
701 East Franklin St., S. 1409
(804) 786-7269
LACEY, WASHINGTON 98503
605 Woodview Dr., S.E.
(206) 438-4600
CHARLESTON, WEST VIRGINIA 25305
112 California Ave., Room 212
Capitol Complex
(304) 348-4001 or 347-5290
MADISON, WISCONSIN 53701
GEF I, 201 E. Washington Ave.
Room 250
(608) 266-3110
CASPER, WYOMING 82602
100 West Midwest Ave.
(307) 235-3281 or 235-3282
Mine Safety and Health Administration
Coal Mining
MSHA District 1 Office
Penn Place
20 N. Pennsylvania Ave.
Wilkes-Barre, PA 18701.
(717) 826-6321
MSHA District 2 Office
R.R. 1, Box 736
Hunker, PA 15639
(412) 925-5150
MSHA District 5 Office
P.O. Box 560
Norton, VA 24273
(703) 679-0230
MSHA District 8 Office
501 Busseron St.
Vincennes, IN 47591
(812) 882-7617
MSHA District 3 Office
5012 Mountaineer Mall
Morgantown, WV 26505
(304) 291-4277
MSHA District 4 Office
100 Bluestone Rd.
Mt. Hope, WV 25880
(304) 877-3900
MSHA District 6 Office
219 Ratliff Creek Rd.
Pikeville, KY 41501
(606) 432-0943
MSHA District 7 Office
HC 66, Box 1762
Barbourville, KY 40906
(606) 546-5123
MSHA District 10 Office
100 YMCA Dr.
Madisonville, KY 42431
(502) 821-4180
MSHA District 9 Office
P.O. Box 25367
Denver, CO 80225
(303) 231-5468
Metal and Nonmetal Mining
MSHA Northeastern District Office
230 Executive Dr.
Mars, PA 16046
(412) 772-2333
MSHA Southeastern District Office
35 Gemini Circle, S. 212
Birmingham, AL 35209
(205) 290-7294
MSHA North Central District Office
515 W. First St.
No. 228
Duluth, MN 55802
(218) 720-5448
MSHA South Central District Office
1100 Commerce St., Room 4650
Dallas, TX 75242
(214) 767-8401
MSHA Rocky Mountain District Office
P.O. Box 25367
Denver, CO 80225
(303) 231-5465
MSHA Western District Office
3333 Vaca Valley Parkway, S. 600
Vacaville, CA 95688
(707) 447-9844
Longshore and Harbor Workers
OWCP/DLHWC
U.S. Department of Labor, ESA
Room C-4315
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-8572
District NO. 1 (MA, ME, NH, VT, RI, and CT)
OWCP/DLHWC
U.S. Department of Labor, ESA
One Congress St., 11th Fl.
Boston, MA 02114
(617) 565-2103
District NO. 2 (NY, NJ, and Puerto Rico)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 249
201 Varick St., Room 750
New York, NY 10014
(212) 337-2033
District NO. 3 (PA, DE, and WV)
OWCP,DLHWC
U.S. Department of Labor, ESA
P.O. Box 7336
Gateway Building, Room 13180
3535 Market St.
Philadelphia, PA 19104
(215) 596-5570
District NO. 7 (LA and AR)
OWCP/DLHWC
U.S. Department of Labor, ESA
Room 13032
701 Loyola Ave.
New Orleans, LA 70113
(504) 589-3664
District NO. 8 (TX, OK, and NM)
OWCP/DLHWC
U.S. Department of Labor, ESA
One South Green Building, Room 105
12600 N. Featherwood Dr.
Houston, TX 77034
(713) 481-9750
District No. 10 (IL, IN, IA, KS, MI, MN, MO, NE, OH, and WI)
OWCP/DLHWC
U.S. Department of Labor, ESA
Room 800
230 South Dearborn St.
Chicago, IL 60604
(312) 353-8883
District NO. 18 (That part of the State of California south of the
northern boundaries of the counties of San Luis Obispo, Kern, and
San Bernardino)
OWCP/DLHWC
U.S. Department of Labor, ESA
S. 720
401 E. Ocean Boulevard
Long Beach, CA 90802
(213) 514-6226
District NO. 40 (Processes cases under the District of Columbia
Workmen's Compensation Act of 1928)
Labor Standards
D.C. Department of Employment Services
1200 Upshur St., N.W.
Washington, DC 20011
(202) 576-6265
District NO. 4 (MD and DC)
OWCP/DLHWC
U.S. Department of Labor, ESA
Federal Building, Room 1026
31 Hopkins Plaza
Baltimore, MD 21201
(410) 962-3677
District NO. 5 (VA)
OWCP/DLHWC
U.S. Department of Labor, ESA
Federal Building, Room 212
200 Granby Mall
Norfolk, VA 23510
(804) 441-3071
District NO. 6 (FL, NC, KY, TN, SC, GA, AL, and MS)
OWCP/DLHWC
U.S. Department of Labor, ESA
Edward Ball Building, Fl. 10
214 Hogan St.
Jacksonville, FL 32202
(904) 791-2881
District No. 13 (AZ NV, and that part of the State of California
north of the northern boundaries of the counties of San Luis
Obispo, Kern, and San Bernardino)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 3770
71 Stevenson St., Room 210
San Francisco, CA 94119
(415) 744-6869
District NO. 14 (AK, CO, ID, MT, ND, SD, OR, UT, WA, and WY)
OWCP/DLHWC
U.S. Department of Labor, ESA
1111 3rd. Ave., S. 620
Seattle, WA 98101
(206) 442-4471
Dallas Office
OWCP
U.S. Department of Labor, ESA
Griffin Square Building, Room 407
525 Griffin Square
Dallas, TX 75202
(214) 767-4712
District NO. 15 (Hawaii)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 50209, Room 5108
300 Ala Moana Boulevard
Honolulu, HI 96850
(808) 551-1983
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