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Labour law mediates the relationship between workers, employing entities, trade unions and the government. Collective labour law relates to the tripartite relationship between employee, employer and union. Individual labour law concerns employees' rights at work also through the contract for work. Employment standards are social norms for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies enforce labour law.
The United States Department of Labor (DOL) is a cabinet-level department of the U.S. federal government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, reemployment services, and some economic statistics; many U.S. states also have such departments. The department is headed by the U.S. Secretary of Labor.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. The collective agreements reached by these negotiations usually set out wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs.
Overtime is the amount of time someone works beyond normal working hours. The term is also used for the pay received for this time. Normal hours may be determined in several ways:
The United States Women's Bureau (WB) is an agency of the United States government within the United States Department of Labor. The Women's Bureau works to create parity for women in the labor force by conducting research and policy analysis, to inform and promote policy change, and to increase public awareness and education.
The Philippines' Department of Labor and Employment is the executive department of the Philippine Government mandated to formulate policies, implement programs and services, and serve as the policy-coordinating arm of the Executive Branch in the field of labor and employment. It is tasked with the enforcement of the provisions of the Labor Code.
Financial Core refers to a legal carve out that allows workers opposed to unions to be employed in a union environment without being required to be a member of a Labor Union.
The National Apprenticeship Act, is a federal law in the United States which regulates apprenticeship and on-the-job training programs.
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process.
The Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901–950, commonly referred to as the "Longshore Act" or "LHWCA" is statutory workers' compensation scheme enacted in 1927. Initially, it provided coverage to employees injured only on navigable waters of the United States. Today, it provides coverages to certain maritime workers, including most dock workers and maritime workers not otherwise covered by the Jones Act. In addition, Congress has extended the LHWCA to cover non-appropriated fund employees, Outer Continental Shelf workers, and U.S. government contractors working in foreign countries under the Defense Base Act
In government contracting, a prevailing wage is defined as the hourly wage, usual benefits and overtime, paid to the majority of workers, laborers, and mechanics within a particular area. This is usually the union wage.
The Oklahoma Department of Labor (ODOL) is an agency of the government of Oklahoma that is headed by the Oklahoma Labor Commissioner, a statewide elected position. ODOL is responsible for supervising the administration of all state laws relating to labor and workplace safety and gathers and publishes information about the workforce of Oklahoma.
The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppressive child labor". It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage.
The Davis–Bacon Act of 1931 is a United States federal law that establishes the requirement for paying the local prevailing wages on public works projects for laborers and mechanics. It applies to "contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair of public buildings or public works".
The Office of Inspector General (OIG) at the U.S. Department of Labor (DOL) conducts investigations, audits and evaluations to review the effectiveness, efficiency, economy, and integrity of all DOL programs and operations, including those performed by its contractors and grantees. This work is conducted in order to determine whether: the programs and operations are in compliance with the applicable laws and regulations; DOL resources are efficiently and economically being utilized; and DOL programs achieve their intended results.
The Wage and Hour Division (WHD) of the United States Department of Labor is the federal office responsible for enforcing federal labor laws. The Division was formed with the enactment of the Fair Labor Standards Act of 1938. The Wage and Hour mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the Nation's workforce. WHD protects over 144 million workers in more than 9.8 million establishments throughout the United States and its territories. The Wage and Hour Division enforces over 13 laws, most notably the Fair Labor Standards Act and the Family Medical Leave Act. In FY18, WHD recovered $304,000,000 in back wages for over 240,000 workers.
Wage theft is the denial of wages or employee benefits rightfully owed to an employee. It can be conducted by employers in various ways, among them failing to pay overtime; violating minimum-wage laws; the misclassification of employees as independent contractors, illegal deductions in pay; forcing employees to work "off the clock", not paying annual leave or holiday entitlements, or simply not paying an employee at all.
The tipped wage is base wage paid to an employee that receives a substantial portion of their compensation from tips. According to a common labor law provision referred to as a "tip credit", the employee must earn at least the state’s minimum wage when tips and wages are combined or the employer is required to increase the wage to fulfill that threshold. This ensures that all tipped employees earn at least the minimum wage: significantly more than the tipped minimum wage.
The Streamlining Claims Processing for Federal Contractor Employees Act was signed into law by President Barack Obama in 2013. It transfers some authority from the Government Accountability Office to the United States Department of Labor in order to streamline the implementation and enforcement of federal contractor wage laws. Previously, the United States Department of Labor was responsible for implementing the Davis–Bacon Act, "which requires that federally-contracted workers be paid the 'local prevailing wage' on government projects, and the Contract Work Hours and Safety Standards Act (CWHSSA), which mandates that federal contractors pay their employees overtime for hours worked in excess of 40 per week." Meanwhile, the Government Accountability Office was responsible for dealing with the claims of workers who did not make the correct wage. This law was designed to improve efficiency by transferring that responsibility to the Department of Labor.
Unemployment benefits in the United States vary by state.
References
- ↑ "Employment Standards Administration". U.S. Department of Labor. Archived from the original on June 4, 2006. Retrieved June 8, 2006.
- ↑ CCH (2009-11-08). "DOL confirms Shiu will be OFCCP Director". Hr.cch.com. Retrieved 2013-08-18.
- ↑ CCH (2009-11-08). "DOL's Employment Standards Administration to be eliminated - 09/24/09". Hr.cch.com. Retrieved 2013-08-18.
