The Employment Law Guide describes the statutes and regulations administered by the U.S. Department of Labor (DOL) that affect businesses and workers. The  Guide is designed mainly for those needing "hands-on" information to develop wage, benefit, safety and health, and nondiscrimination policies for businesses in general industry.

Read the overview first to find out which requirements apply to your business. For each requirement, the overview provides a link to the related chapter in the Guide and to the relevant DOL agency. Employers in certain industries (for instance, agriculture) will be advised to contact specific offices within the Department of Labor for further information.

The Employment Law Guide is offered as a public resource. It does not create new legal obligations and it is not a substitute for the U.S. Code, Federal Register, or Code of Federal Regulations as the official sources of applicable law. Every effort has been made to ensure that the information provided is complete and accurate as of the time of publication, and this will continue. Later versions of this Guide will be offered at www.dol.gov/compliance or by calling our Toll-Free Help Line at the number noted above.

Small Business Regulatory Enforcement Fairness Act of 1996
You should also be aware that the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) places obligations on federal agencies and provides rights to small businesses. The Department of Labor's Office of Small Business Programs oversees the Department's SBREFA activities. You may also obtain information on SBREFA from the Small Business Administration (SBA).

Under SBREFA, the SBA has established an SBA Ombudsman and SBA Regional Fairness Boards. If you wish to comment directly to SBA on the enforcement actions of any DOL agency, call 1-888-734-3247. You also may call the Department of Labor's Office of Small Business Programs at 202-693-6460 or your local DOL Regional Office.

Other Information for Employers and Employees
By itself or with other agencies, the Department of Labor administers several employment programs to assist both employees and employers. In particular, One-Stop Career Centers established under the Workforce Investment Act offer a variety of services for individuals seeking employment, as well as resources for employers seeking workers.

Also, employers and employees may wish to explore the Work Opportunity Tax Credit (WOTC) and the Welfare-to-Work tax credits. These credits can assist employers in their efforts to hire eligible low-income individuals.

Finally, employees who lose their jobs due to changes in business conditions in general may wish to file for unemployment insurance benefits, which are administered by the various states with assistance from the Department of Labor. Employees who lose their jobs due to increased imports from, or shifts in production to, foreign countries may be eligible for assistance under the Trade Adjustment Act program.

Further information about all of these programs and provisions can be found on the Employment and Training Administration's Web site (www.doleta.gov).

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U.S. Department of Labor
Office of the Assistant Secretary for Policy

CONTENTS
OVERVIEW ............................................................................................................................. 1
A. WAGES AND HOURS OF WORK
Minimum Wage and Overtime Pay ............................................................................... 9
Wage Garnishment ....................................................................................................... 1 3
Migrant and Seasonal Agricultural Worker Protection ................................................ 1 5
Child Labor (Nonagricultural Work) .............................................................................. 1 8
B. SAFETY AND HEALTH STANDARDS
Occupational Safety and Health ................................................................................. 2 1
Mine Safety and Health ................................................................................................ 3 0
C. HEALTH BENEFITS AND RETIREMENT STANDARDS
Employee Benefit Plans ................................................................................................ 3 4
Black Lung Compensation ............................................................................................ 4 0
Longshore and Harbor Workers’ Compensation ......................................................... 4 3
D. OTHER WORKPLACE STANDARDS
Family and Medical Leave ........................................................................................... 4 7
Lie Detector Tests .......................................................................................................... 5 0
Whistleblower Protection ............................................................................................. 5 2
Plant Closings and Mass Layoffs ................................................................................... 5 5
Union Members ............................................................................................................ 5 7
Uniformed Service Members ....................................................................................... 6 1
E. WORK AUTHORIZATION FOR NON-U.S. CITIZENS
Authorized Workers ...................................................................................................... 6 4
Temporary Agricultural Workers (H-2A Visas) ............................................................. 6 5
Temporary Nonagricultural Workers (H-2B Visas) ....................................................... 6 9
Workers in Professional and Specialty Occupations (H-1B and H-1B1 Visas) ........ 7 1
Immigration for Workers Obtaining Permanent Employment
in the United States ...................................................................................................... 7 5
Crewmembers (D-1 Visas) ........................................................................................... 7 7
F. FEDERAL CONTRACTS: WAGES, HOURS OF WORK, AND FRINGE BENEFITS WORKING CONDITIONS
Wages in Supply and Equipment Contracts ............................................................... 7 9
Prevailing Wages in Service Contracts ......................................................................... 8 1
Prevailing Wages in Construction Contracts ................................................................ 8 3
Hours and Safety Standards in Construction Contracts ............................................. 8 5
“Kickbacks” in Federally Funded Construction (Copeland Act) ............................... 8 7
Notice of Employee Rights Concerning Payment of Union Dues ............................. 8 9
G. FEDERAL CONTRACTS: EQUAL OPPORTUNITY
Employment Discrimination and Equal Opportunity in Supply
and Service Contracts (Executive Order 11246) ...................................................... 9 1
Employment Discrimination in Construction Contracts
(Executive Order 11246) ............................................................................................. 9 5
Equal Opportunity for Individuals with Disabilities .................................................... 9 9
Employment Discrimination and Equal Opportunity for Certain
Veterans Who Served on Active Duty and Special Disabled Veterans ................. 102
H. INDEX OF ACTS BY SPECIFIC INDUSTRY Agriculture
Fair Labor Standards Act (FLSA) ............................................................................. 9
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) .................... 1 5
Occupational Safety and Health Act (OSH Act) ............................................... 2 1
Authorized Workers (Non-U.S. Citizens) .............................................................. 6 4
Temporary Agricultural Workers (H-2A Visas) ...................................................... 6 5
Immigration and Nationality Act (INA) ................................................................. 7 1
Mining
Federal Mine Safety and Health Act of 1977 ...................................................... 3 0
Black Lung Compensation ..................................................................................... 4 0
Construction
Occupational Safety and Health Act (OSH Act) ............................................... 2 1
Davis–Bacon Act and Related Acts ..................................................................... 8 3
Copeland Act (“Kickbacks” in Federally Funded Construction) ......................... 8 7
Executive Order 11246 (Employment Discrimination in
Construction Contracts) ......................................................................................... 9 5
Transportation
Occupational Safety and Health Act (OSH Act) ............................................... 2 1

OVERVIEW
Major Statutes & Regulations Administered by the Department of Labor

This Guide describes the requirements of each major statute enforced by the Department of Labor (DOL). The various chapters are organized by type of standard (e.g., Wages and Hours of Work; Safety and Health Standards; Health Benefits and Retirement Standards; Other Workplace Standards).

Each chapter discusses (1) which employers or employees are covered by the statute; (2) the statute's basic provisions and requirements; (3) employee rights; (4) how to obtain information and compliance assistance from DOL; (5) penalties or sanctions for non-compliance; and (6) relation of the statute to state, local, and other federal laws.

The chapters contain links to more detailed information, such as the texts of statutes, regulations, and interpretative bulletins, which can be found on DOL agencies' Web sites. To understand their full responsibilities under each statute, users should refer to these more detailed materials.

Please note that other federal agencies besides DOL enforce laws and regulations that affect employers. For example, the Equal Employment Opportunity Commission (www.eeoc.gov) enforces many of the statutes designed to ensure non-discrimination in employment, and the National Labor Relations Board (www.nlrb.gov) administers the Taft-Hartley Act regulating employer conduct with regard to employees in a wide range of areas. Please consult these agencies for further information on their requirements.

The Overview is structured to help businesses, particularly new businesses, determine which DOL statutes are most likely to apply to them. The first statutes discussed apply to most employers, followed by those that apply to federal contractors, and finally, by the statutes that apply to specific industries, i.e., agriculture, mining, construction, and transportation.

Other sources of assistance include the following:

• DOL’s Compliance Assistance Web page (www.dol.gov/compliance);
• A list of major DOL-enforced statutes (www.dol.gov/compliance/ laws/main.htm); and
• Employment Laws Assistance for Workers and Small Businesses (elaws) Advisors (www.dol.gov/elaws) is an interactive system designed to help employers and employees understand and comply with many laws administered by DOL. Each elaws Advisor provides information on a specific law or regulation based on the user’s particular situation. Of particular interest to new or small businesses is the FirstStep Employment Law Advisor (www.dol.gov/elaws/firststep/) that helps employers determine which laws administered by DOL apply to their business or organization.

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