The Department of Labor (DOL) administers and enforces more than 180 federal labor laws. However, the main federal labor laws in the United States are: Section 1981 of the Civil Rights Act of 1866 (Section 1981); Title VII of the Civil Rights Act of 1964 (Title VII); the Americans with Disabilities Act (ADA); the Age Discrimination in Employment Act (ADEA); the Equal Pay Act (EPA); Fair Labour Standards Act (FLSA); the Family and Medical Leave Act (FMLA); the Immigration Reform and Control Act (IRCA); the National Labor Relations Act (NLRA); the Occupational Safety and Health Act (OSHA); the Pregnancy Discrimination Act (PDA); and the Law on Employment and Re-Employment Rights in Uniformed Services (USERRA). The Fair Labour Standards Act imposes standards for overtime pay and pay that affect most private and public labour relations. The Act is administered by the Department of Wages and Hours of Work. It requires employers to pay insured workers who are not otherwise exempt from at least federal minimum wage and overtime pay at one and a half times the regular wage rate. For non-agricultural holdings, it restricts the working hours of children under 16 and prohibits the employment of children under 18 in certain occupations deemed too dangerous. For farms, it prohibits the employment of children under the age of 16 during school hours and in certain occupations deemed too dangerous. The administration and enforcement of these laws are carried out by the Department of Wages and Hours of Work. The Office of Federal Contract Compliance Programs administers and enforces three federal contract-based civil rights laws that require most federal contractors and subcontractors, as well as state-backed contractors, to provide equal employment opportunities. The Civil Rights Center of the Office of the Assistant Secretary for Administration and Management administers and enforces several federal aid-based civil rights laws that require recipients of federal financial assistance from the Department of Labor to guarantee equal opportunity. You can choose to sue if the EEOC can`t help you.
In both cases, look for a lawyer who specializes in employment law. You can inquire at: Federal courts have jurisdiction over labor-related matters arising under federal labor and employment law when the amount in dispute exceeds $75,000 and each party is a citizen of different states or non-U.S. citizens (diversity jurisdiction). Federal courts are geographically divided into 12 judicial districts across the country. Many states have laws that govern how the criminal and credit history of potential employees can be used in employment decisions. As of January 1, 2017, some employers are required to submit accident or illness data electronically. In this way, OSHA can improve the enforcement of workplace safety requirements and provide valuable online information to workers, job seekers, customers, and the general public. The new rule also prohibits employers from preventing their employees from reporting an injury or illness. No, written employment contracts are not required. Federal labor laws do not require employers to provide specific information to employees.
However, state and local labor laws may require certain information to be in writing. As a rule, the employment relationship ends with the sale of a business; Successor incumbents are not required to retain former employees. However, depending on the type of share sale, the employer-employee relationship cannot be affected, as the employer company remains the same. The enforceability of restrictive agreements is determined by state law and varies depending on the jurisdiction in which a party seeks to enforce them. Types of restrictive agreements include non-competition clauses, gardening leave regulations, customer prohibitions, employee non-solicitation and confidentiality agreements. No, unless a collective agreement or other employment contract requires special procedures. Federal agencies such as the EEOC, DOL and NLRB have the authority to hear employment-related claims arising under federal law. To enforce other labor law violations, employees may file an individual lawsuit or class action lawsuit with the appropriate court and/or employment agency. The consequences depend on the violations found. However, a successor owner may have collective bargaining obligations if: (a) the successor owner retains all or some of the employees, the employees` work is substantially unchanged and the nature of the employer`s business is substantially the same; (b) the subsequent employer expressly or implicitly expresses its intention to accept agreements; or (c) the National Labor Relations Board (NLRB) designates the successor employer who intends to maintain the existing bargaining entity without specifying new terms and conditions of employment. 1.6 To what extent are terms and conditions of employment agreed in collective agreements? Do negotiations generally take place at the company or industry level? Many state laws offer more protections to breastfeeding mothers than federal law requires. State employment offices apply these laws.
The objective of labour law is to place the victim of discrimination in the same situation as if the discrimination had never occurred. The remedies available depend on the nature of the discrimination.
