Generally, the federal and state laws are pro-labor and have been made to protect the rights and welfare of workers who are considered to be the lifeline of the economy.
To provide workers with more protection against abusive companies and employers, the US Congress established the Department of Labor (DOL) in 1888.
Today, DOL is responsible for establishing and implementing labor laws, wage and hour standards, occupational safety, re-employment services, unemployment benefits, and economic statistics.
Meanwhile, here is the summary of the violation of labor law according to DOL:
1. Not following the minimum wage standard.
According to the Fair Labor Standards Act (FLSA), the current federal minimum wage is $6.55 per hour and will increase to $7.25 per hour on July 24, 2009.
In most cases, the federal minimum wage is either higher or lower than the state’s. As a general rule, employers should follow the one that will provide more benefits to their workers.
On the other hand, FLSA does not cover some professionals and workers such as casual babysitters, criminal investigators, switchboard operators, volunteer workers, seafarers, independent contractors, newspaper deliverers, and fishermen.
2. Not providing workers their overtime pays
If an employee has worked more than 40 hours per week, he should receive overtime pays. (The rate should be not less than one-and-a-half the amount of his regular pay.)
3. Unsafe workplace
According to the Occupational Safety and Health (OSH) Act, employers should ensure the safety of the work environment to avoid accidents and diseases.
Occupational Safety and Health Administration (OSHA), which is under DOL, conducts regular inspections and investigations to make sure that the companies are following the federal health and safety standards.
4. Not providing worker’s compensation
Because some workers are vulnerable to accidents and diseases because of the nature of their jobs, the Congress has passed several laws that will provide financial benefits to employees who sustained work-related injuries.
• Longshore and Harbor Workers' Compensation Act (LHWCA) – provides financial assistance and medical care to maritime employees who were disabled or injured while doing their job. Certain family members of such employees are also qualified to receive compensation and benefits.
• The Federal Employees' Compensation Act (FECA) – provides funeral assistance, wage loss compensation, medical care, and disability benefits to federal employees who died or sustained injuries while performing their jobs.
• Energy Employees Occupational Illness Compensation Program Act – this provides one-time payment worth $150,000 and medical benefits to employees, contractors, and subcontractors of the Department of Energy who will acquire cancer triggered by radiation or certain illnesses which are caused by their jobs. Meanwhile, workers (and certain family members) who are exposed to uranium and fell sick will also receive one-time payment of $50,000 and medical benefits.
• The Black Lung Benefits Act – provides monthly benefits and medical assistance to coal miners (and certain family members) who acquired pneumoconiosis, also known as black lung disease, which is caused by their work.
5. Prohibiting workers from establishing a union
Workers have the right to establish a union according to the federal and state laws.
