DOL’s Employment Law Guide

The U.S. Department of Labor (DOL) has recently updated its Employment Law Guide: Laws, Regulations, and Technical Assistance Services. It’s not the be-all and end-all, but it is a handy reference for basic laws enforced by the DOL. It’s not a substitute for legal advice when complex issues arise under these laws.

The first section is on “wages and hours worked” and covers the Fair Labor Standards Act (FLSA), Consumer Credit Protection Act, Migrant and Seasonal Agricultural Worker Protection Act, FLSA – Child Labor Provisions, and more.

The second section is on “safety and health standards” and covers the Occupational Safety and Health Act (OSHA), Mine Safety and Health Act, Migrant and Seasonal Agricultural Worker Protection Act, and FLSA – Child Labor Provisions.

The third section is on “health benefits, retirements standards, and workers’ compensation” and covers the Employee Retirement Income Security Act (ERISA), Black Lung Benefits Act, Longshore and Harbor Workers’ Compensation Act, Defense Base Act, and Family and Medical Leave Act (FMLA).

The fourth section is on “other workplace standards” and covers the Employee Polygraph Protection Act, OSHA, Surface Transportation Assistance Act, Worker Adjustment and Retraining Notification (WARN) Act, Labor-Management Reporting and Disclosure Act, and Uniformed Services Employment and Reemployment Rights Act (USERRA). 

The fifth section is on “work authorization for non-U.S. citizens” and covers the” Immigration and Nationality Act — H-2A, H-2B, H-1B, H-1B1, E-3, D-1, and H1-C.

The sixth section is on “federal contracts: working conditions” and covers the Walsh-Healy Public Contracts Act, McNamara-O’Hara Service Contract Act, Davis-Bacon Act, Contract Work Hours and Safety Standards Act, and Copeland Anti-Kickback Act.

The seventh section is on “federal contracts: equal opportunity in employment” and covers Executive Order 11246, the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act.

1. 

   Fines Mosby says:

   April 12, 2010 at 12:03 pm

   I have been worked as a secretary at current job for more than 20 years, it is an education institution. After I received degree, I asked for promotion or at least a upgrade in the job title. The only change was froms secretary to support staff (which includes secretaries and other professional support staff).

   I have been given 2 additional departments to work as their only support staff along with the current position.

   In addition to the new jobs, there seems to be an non stop ongoing additional of new jobs. The new jobs included responsibilities of the Direct and Assitant Director and a positiont that was previously held by the Dean of the LAS Dept. When questioned I the amount and ongoing additions of job, I was referred to the verbage “all other duties assigned.”

   I am retirement age, and I am a minority. Can employer continue to add new jobs without any monetary or upgrade change?
2. 

   John Phillips says:

   April 12, 2010 at 12:54 pm

   Employers have much flexibility in making decisions on adding work to a job, scheduling and the like. However, there are a couple of things worth thinking about. Some state laws may have an impact on this. You would need to talk with a lawyer in your state to determine if state law applies to what your employer is doing. If your employer is adding work only to the jobs held by minorities or employees in the protected age group, then that could be discriminatory under Title VII of the Civil Rights Act. You could contact a lawyer about this or the Equal Employment Opportunity Commission.