Certification Information Related to the Use of Fair Labor Practices

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Information on the Fair Labor Standards Act (FLSA)

The Employment Standards Administration (ESA), the largest agency within the U.S. Department of Labor, enforces and administers laws governing legally-mandated wages and working conditions, including child labor, minimum wages, overtime and family and medical leave; equal employment opportunity in businesses with federal contracts and subcontracts; workers' compensation for certain employees injured on their jobs; internal union democracy and financial integrity, and union elections, which protect the rights of union members; and other laws and regulations governing employment standards and practices. The Wage and Hour Division of ESA administers the Fair Labor Standards Act (FLSA), which includes minimum wage, overtime pay and child labor provisions. In addition to the FLSA, Wage and Hour has responsibility for enforcement and administration of a number of other labor laws. These programs include government contract labor standards statutes, the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, various so-called "whistleblower" protection laws, and immigration laws which provide certain employment standards and worker protections.

For information on what the Fair Labor Standards Act requires, click http://www.dol.gov/dol/compliance/comp-flsa.htm.

For information on what the Fair Labor Standars Act/Child Labor requires, click http://www.dol.gov/dol/compliance/comp-flsa-childlabor.htm

The Fair Labor Standards Act (FLSA) Advisor provides employers and employees with the information they need to understand Federal minimum wage, overtime, child labor and recordkeeping requirements. To contact the FLSA Advisor, click http://www.dol.gov/elaws/flsa.htm.

Executive Order Dated June 12, 1999 on Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor

The Executive Order instructs executive agencies to take appropriate actions to enforce the laws prohibiting the manufacture or importation of goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part by forced or indentured child labor. It requires that within 120 days after the date of this order, the Department of Labor, in consultation and cooperation with the Department of the Treasury and the Department of State, shall publish in the Federal Register a list of products (identified by their country of origin) that those Departments believe might have been mined, produced, or manufactured by forced or indentured child labor. Also within 120 days after the date of this order, the Federal Acquisition Regulatory Council is to issue proposed rules to implement federal procurement policies contained in the order. For a copy of the EO, click http://www2.dol.gov/ILAB/regs/eo13126/eotext.htm .

PRIVATE SECTOR PROGRAMS

Information on the Apparel Industry Partnership Agreement

The Apparel Industry Partnership has prepared a Workplace Code of Conduct which addresses lab practices related to: forced labor; child labor; harassment or abuse; nondiscrimination; health and safety; freedom of association and collective bargaining; wages and benefits; hours of work; and overtime compensation. The partnership has also prepared Principles of Monitoring the implementation of that Code. For additional information on the Partnership, click http://www.itcilo.it/english/actrav/telearn/global/ilo/guide/apparell.htm.

Information on the Fair Labor Association

The partnership has also established a Fair Labor Association (FLA) to:

• Accredit independent external monitors to conduct independent external monitoring and inspections of Applicable Facilities of Participating Companies;
• To certify whether the Applicable Brands of each Participating Company are produced in Compliance with the Fair Labor Association Standards;
• To continue to address questions critical to the elimination of sweatshop practices; and
• To serve as a source of information to consumers about the Workplace Code, the Monitoring Principles and Participating Companies.

For additional information on the FLA, click http://www.fairlabor.org/.

Information on SA 8000

Social Accountability (SA) 8000 was developed under the auspices of the Council on Economic Priorities Accreditation Agency (CEPAA) (now Social Accountability International (SAI)) by a diverse group of organizations, which included labor unions, human rights and children's rights organizations, academia, retailers, manufacturers, contractors, as well as consulting, accounting, and certification firms. SA 8000 is designed to be the first auditable international standard for companies seeking to guarantee the basic rights of workers. It is based on 12 International Labor Organization (ILO) conventions, the United Nation's Universal Declaration of Human Rights, and the UN Convention on the Rights of the Child. For additional information on the SA 8000, click Social Accountability 8000.