This paper provides an overview of major federal employment laws governing the American workplace. It examines the Fair Labor Standards Act (FLSA), including its wage and hour standards, child labor provisions, and special minimum wage provisions for workers with disabilities. The paper also covers the Civil Rights Act of 1991, the Age Discrimination in Employment Act (ADEA), the Employment Verification System under IRCA, and the role of the Equal Employment Opportunity Commission (EEOC) in enforcing anti-discrimination statutes. A brief comparison of federal protections with state-level protections, using New York as an example, concludes the discussion.
The U.S. Department of Labor administers and enforces more than 180 federal laws. These statutes and the regulations that implement them govern a wide range of workplace activities affecting nearly 100 million employers and 125 million employees across the country. The major areas covered include wages and hours, workplace safety and health, and workers' compensation, among others.
Under Section 14(c) of the Fair Labor Standards Act (FLSA), employers are authorized — after obtaining a certificate from the U.S. Department of Labor's Wage and Hour Division — to pay special minimum wages lower than the federal minimum wage to workers whose disabilities affect their productivity for the job being performed. The regulation applicable to FLSA Section 14(c) is contained at 29 CFR Part 525. A worker with a disability for the job being performed is defined as a person whose earning capacity or efficiency is impaired by a physical or mental disability, including conditions related to age or injury. Disabilities that may impair a worker's efficiency include loss of vision, mental illness, intellectual disability, cerebral palsy, alcoholism, and drug addiction.
The federal minimum wage has been set at $5.15 per hour, in effect since September 1, 1997. Employees under 20 years of age may be paid $4.25 per hour during their first 90 consecutive calendar days of employment with an employer. Overtime pay must be at least 1.5 times an employee's regular rate of pay for all hours worked beyond 40 in a workweek. The Department of Labor is empowered to recover back wages, either through administrative action or through court action, on behalf of employees who have been underpaid in violation of the law.
Violations may result in civil or criminal penalties. Employers who violate the child labor provisions of the law may be assessed a civil penalty of up to $11,000 per violation, and employers who willfully or repeatedly violate minimum wage or overtime pay requirements may face penalties of up to $1,000 per violation. The FLSA also prohibits employers from retaliating against or discharging employees who file a complaint or participate in any proceeding under the Act.
It is worth noting that certain occupations and enterprises fall outside the scope of the minimum wage and/or overtime pay provisions. Where state law requires a higher minimum wage, the higher standard applies.
The Wage and Hour Division of the Employment Standards Administration (ESA) administers the FLSA. The Act requires employers to pay covered, non-exempt employees at least the federal minimum wage and overtime at 1.5 times the regular rate of pay. In non-agricultural operations, it restricts the number of hours that children under 16 may work and prohibits the employment of children under 18 in occupations deemed hazardous.
The Occupational Safety and Health Act (OSH Act) is enforced by the Occupational Safety and Health Administration (OSHA). Safety and health conditions in most private-sector industries are regulated by OSHA or by OSHA-approved state programs that also cover public-sector employers. Employers covered under the OSH Act must comply with OSHA's regulations and safety and health standards. Employers also have a general duty under the OSH Act to provide a workplace free from recognized, serious hazards. OSHA enforces these requirements through workplace inspections and investigations.
The Longshore and Harbor Workers' Compensation Act (LHWCA), administered by the ESA, provides compensation and medical care for certain maritime employees and for the qualifying dependent survivors of employees who are disabled or killed due to injuries occurring on the navigable waters of the United States or in adjacent areas ordinarily used for loading, unloading, repairing, or building a vessel.
"Damage caps, anti-discrimination rules, and ADEA remedies"
"EEOC charge filing process and enforcement authority"
"New York state law versus federal coverage thresholds"
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