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Work Place Issues

| Pay & Compensation | Discrimination | Medical Leave | On-the-Job Safety
| Lunch & Other Breaks | Pension | Workplace Posters |

As with many consumer issues, State governments often offer protection and advice to workers in lieu of or in addition to the Federal Government. If you’re unsure which agency in your State would handle a particular issue, you may call the National Contact Center toll-free at 1 (800) FED INFO, or you may visit our State and Local Government Section.

Pay and Compensation

Minimum Wage and Pay for Hours Worked:

The Department of Labor’s Wage and Hour Division enforces the Federal minimum wage. This minimum wage was raised on September 1, 1997, to $5.15 per hour. The Wage and Hour Division can also assist you if you have not received pay for hours worked as required under Federal law.

The Department of Labor provides the elaws Fair Labor Standards Act (FLSA) Advisor to help employees and employers answer questions on the Federal minimum wage, overtime, hours worked, child labor, and record keeping requirements.

For further information from the Department of Labor, please contact the Wage and Hour toll-free line at 1-866-4-US-WAGE.

Workers' Compensation Programs:

Most private-sector employees who have been hurt on the job should contact their State workers compensation office to inquire about receiving benefits.

Federal employees should contact the Office of Workers' Compensation Programs or the Federal Employees’ Compensation toll-free line at 1-866-999-3322.

Employees and former employees of the Department of Energy, its contractors and subcontractors, or survivors of such individuals who believe that they may be entitled to compensation under the Energy Employees Occupational Illness Compensation Program Act should contact the Office of Workers' Compensation Programs or the Energy Employees Compensation toll-free line at 1-866-888-3322.

Injured workers who may be eligible for the coal-mine, longshore, or harbor workers' compensation should also contact the Office of Workers' Compensation Programs to inquire about possible benefits.

Unemployment Insurance Payments and Employment Assistance:

Although some benefits and special programs (veterans, bonding, etc.) are mandated by the Federal Government, people who are unemployed or underemployed should contact their closest State or local employment services office to inquire about possible payments and other services.

Discrimination

Private-sector employees who have been discriminated against in the workplace or have not been hired for a job or terminated due to age , race or color, religion, marital status, pregnancy , disability, or who have been a victim of sexual harassment in the workplace should contact the Equal Employment Opportunity Commission (EEOC) for complaint procedures. In many cases, the EEOC has approved State and local government agencies to handle their complaints for them. These non-Federal offices often have significantly smaller backlogs of work and process complaints more readily. They offer the same protection under the law as does the EEOC. If you are unsure whether your local employment office has been approved by the EEOC, you may check with the EEOC via its toll-free number, 1-800-669-4000 (TTY users, call: 1-800-669-6820), or check with our National Contact Center by calling toll-free 1 (800) FED INFO.

Employers, reservists, National Guard members and veterans can visit the elaws Uniformed Services Employment & Reemployment Rights Act (USERRA) Advisor for discrimination related issues in the workplace. For further information from the Department of Labor, contact the toll-free information service at 1-866-4-USA-DOL.

Federal employees who encounter discrimination on the job should contact their own agency’s equal employment opportunity office, often a part of the agency’s personnel office.

Federal contractors and subcontractors can find additional assistance with coverage and compliance issues related to Equal Employment Opportunity laws administered by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) by using the elaws OFCCP's Compliance Assistance Advisor.

For further information from the Department of Labor, contact the toll-free information service at 1-866-4-USA-DOL.

Family Medical Leave Act

The Family and Medical Leave Act (FMLA) was signed into law in 1993 and provides certain employees with the option of taking 12 weeks of unpaid leave from their job due to a family or medical reason.

The Department of Labor’s elaws FMLA Advisor can help answer questions about employee eligibility under the Family and Medical Leave Act. It covers valid reasons for leave, employee/employer notification responsibilities, and employee rights and benefits.

For further information from the Department of Labor, contact the Wage and Hour toll-free line at 1-866-4-US-WAGE.

On-the-Job Safety

The Occupational Safety and Health Administration (OSHA) is responsible for most workplace safety nationwide. Enforcement of OSHA rules or stricter rules may be handled - depending on the State - by OSHA, by either OSHA or the State authority, or by the State authority. The enforcement of some safety rules, particularly in the mining and transportation industries, may be handled exclusively by specific Federal authorities. You may contact your State’s occupational safety office or the closest OSHA office to see if your situation is covered by State or Federal law, as well as how and with which office to file a complaint about unsafe conditions.

The Department of Labor’s elaws Advisors provide assistance with OSHA related issues: OSHA Confined Space Advisor; OSHA Fire Safety Advisor; OSHA Hazard Awareness Advisor; OSHA Lead in Construction Advisor; and OSHA Software Expert Advisors, which are available to download to your computer.

For more information on workplace safety and health issues, contact the OSHA toll-free line at 1-800-321-OSHA.

Lunch and Other Breaks

Some States have provisions for break times in their labor codes. Unless taking breaks is a safety issue (e.g., for some transportation workers), you should contact your State’s labor office for information about this subject.

The Department of Labor’s elaws FLSA Hours Worked Advisor helps determine which work-related activities are considered “hours worked” under the Fair Labor Standards Act (FLSA).

For further information from the Department of Labor, contact the Wage and Hour toll-free line at 1-866-4-US-WAGE.

Pension Information

At least three Federal agencies have rules regarding pension plans of private companies. An agency other than the three listed below may handle a specific issue that concerns you. If you’re not sure, feel free to call the Federal Information Center.

The Department of Labor’s Employee Benefits Security Administration (EBSA) enforces provisions mandated under ERISA concerning pension plans. These provisions refer primarily to the proper administration of the plans, including reports to participants. The Department of Labor also provides the elaws Small Business Retirement Savings
Advisor
that reviews available retirement savings options and identifies which plans may be most appropriate for your business.

For further information from the Department of Labor, please contact the PWBA toll-free line at 1-866-275-7922.

The Internal Revenue Service is, in general, responsible for vesting, participation, and other standards of private pension plans. Check with their toll-free number, 1-800-829-1040 (TTY: 800-829-4059) for more information.

The Pension Benefit Guaranty Corporation guarantees payment of non-forfeitable pension benefits in plans that it covers.

Workplace Posters

Federal laws require several posters to be displayed in the workplace. As always, State laws may require additional posters to be displayed in addition to or instead of the posters mentioned below.

If your computer can read .pdf files, you can download some of the posters that deal with the minimum wages, polygraphs, and family leave from the Wage and Hour Division.

You may have to request most of the posters directly from the responsible agencies. Ask for the required Federal contracts poster at your closest office of the Wage and Hour Division. Ask for the Equal Employment Opportunity poster and the Americans with Disabilities Act poster at the Equal Employment Opportunity Commission. And, ask for the required safety poster at the Occupational Safety and Health Administration.

The Department of Labor provides an elaws Poster Advisor to help determine which workplace posters you are required to display at your business. Posters can be downloaded and printed for free directly from this Advisor. For further information from the Department of Labor, contact the toll-free information service at 1-866-4-USA-DOL. Image linking to top of page

Reviewed: August 4, 2004

Logo of the General Services AdministrationThis service is provided by the Federal Citizen Information Center of the U.S. General Services Administration. If you have a comment or question, e-mail us.