SMALL BUSINESS HANDBOOK:
LAWS, REGULATIONS AND
TECHNICAL ASSISTANCE SERVICES
Read This First
This Handbook on the basic regulations and related services
administered by the Department of Labor (DOL) is designed
primarily for small businesses in general industry. It begins with a
general overview of DOL requirements. This is followed by ten
sections containing information on the specific laws and
regulations. Read the overview first to find out which
requirements apply to your business. For each requirement the
overview refers to specific sections or to a DOL office.
Employers in certain industries (such as agriculture and mining)
or employers working on government contracts should contact
the referenced DOL offices for further information and
assistance.
Each section discusses: covered employers; basic provisions
and requirements; how to obtain information and assistance from
DOL; penalties for non-compliance; and relation to state, local
and other federal laws. The section subtitles identify the
applicable laws and the associated regulations, which can be
found in the Code of Federal Regulations (CFR). Many sections
refer to an appendix which provides additional addresses and
phone numbers for obtaining DOL assistance.
You should be aware that other federal agencies besides DOL
enforce laws and regulations that affect employers. For example,
statutes designed to ensure non-discrimination in employment
are generally enforced by the Equal Employment Opportunity
Commission. Also, the Taft-Hartley Act regulating employer
conduct with regard to employees in a wide range of areas is
administered by the National Labor Relations Board. Please
consult these agencies for further information on their requirements.
The information contained in this publication is not to be
considered a substitute for any provisions of the laws enforced
by the Department of Labor or for any regulations issued by the
Department.
CONTENTS
Overview
page 1
Section 1. Minimum Wage and Overtime Pay
page 11
Section 2. Child Labor (Nonagriculture)
page 17
Section 3. Employment Eligibility of Alien Workers
page 20
Section 4. Occupational Safety and Health
page 22
Section 5. Employee Benefit Plans
page 36
Section 6. Whistleblower Protection
page 42
Section 7. Veterans
page 44
Section 8. Plant Closings and Mass Layoffs
page 46
Section 9. Lie Detector Tests
page 48
Section 10. Wage Garnishment
page 50
Appendix
page 53
OVERVIEW: Major Statutes and Regulations Administered by
the Department of Labor
I. Requirements Applicable to Most Employers
Wages and Hours
The Fair Labor Standards Act (FLSA) prescribes minimum
wage and overtime pay (and record-keeping) standards
affecting most private and public employment, including
homework. This is administered by the Wage and Hour Division
of DOL's Employment Standards Administration (ESA).
1. The Minimum Wage and Overtime provisions of the FLSA
require the following from employers ofcovered employees who
are not otherwise exempt: Pay covered employees a minimum
wage of not less than $4.25 an hour effective April 1, 1991.
(Employers may pay employees on a piece-rate basis and under
some circumstances consider the tips of employees as part of
their wages.)
Until March 31, 1993, employers may pay a training wage, under
certain conditions, of at least 85 percent of the minimum wage
(but not less than $3.35 an hour) for up to 90 days to employees
under age 20.
While not placing a limit on the total hours which may be worked,
the Act requires that covered employees, unless otherwise
exempt, be paid not less than one and one-half times their
regular rates of pay for all hours worked in excess of 40 in a
workweek.
2. Homework requirements of the FLSA generally prohibit the
performance of certain types of work in an employee's home
unless the employer has obtained prior certification from the
Department of Labor.
See Section 1, page 11, for more detail on wages and hours.
Who May Work, and When (administered by the Wage and Hour
Division)
1. Child Labor provisions of the FLSA (Non-agriculture) include
restrictions on the hours of work and occupations for youths
under age 16, and these provisions set forth 17 hazardous
occupations orders for jobs declared by the Secretary of Labor
to be too dangerous for minors under age 18 to perform.
See Section 2, page 17, for more detail.
2. Immigrant Labor is regulated by the Immigration and
Nationality Act (INA). Under the INA, employers may legally hire
workers only if they are citizens of the U.S. or aliens authorized to
work in the United States. The INA requires that employers verify
the employment eligibility of all individuals hired after November
6, 1986.
See Section 3, page 20, for more detail.
The Immigration Nursing Relief Act of 1989 (INRA) was enacted
to provide relief for the shortage of registered nurses by
legalizing current nonimmigrant registered nurses and ensuring
employer efforts to attract and develop more U. S. employees to
the nursing profession. Contact your local ESA Wage and Hour
Division office for more details (see page 54).
Workplace Safety and Health
The Occupational Safety and Health Act (OSH Act), which is
administered by DOL's Occupational Safety and Health
Administration (OSHA) regulates safety and health conditions in
most private industries (except those regulated under other
federal statutes, e.g., transportation). Many private employers
are regulated through states operating under OSHA-approved plans.
It is the responsibility of employers to become familiar with
standards applicable to their establishments, to eliminate
hazardous conditions to the extent possible, and to comply with
the standards. Compliance may include assuring that employees
have and use personal protective equipment when required for
safety or health. Employees must comply with all rules and
regulations that are applicable to their own actions and conduct.
Covered employers are required to maintain workplaces that are
safe and healthful, including meeting many regulatory
requirements. OSHA promulgates safety and health standards,
and makes distinctions by type of industry.
Safety standards include regulations covering hazards such as
falls, explosions, electricity, fires, and cave-ins, as well as
machine and vehicle operation and maintenance, etc.
Health standards regulate exposures to a variety of health
hazards through engineering controls, the use of personal
protective equipment (e.g., respirators, ear protection etc.), and
work practices.
Where OSHA has not promulgated a specific standard,
employers are responsible for complying with the OSH Act's
"general duty" clause [Section 5(a)(1)], which states that each
employer "shall furnish . . . a place of employment which is free
from recognized hazards that are causing or are likely to cause
death or serious physical harm to his employees."
When OSHA develops effective safety and health regulations,
safety and health regulations originally issued under the following
laws administered by the Department of Labor are superseded:
the Walsh-Healey Act, the Service Contract Act, the Contract
Work Hours and Safety Standards Act, the Arts and Humanities
Act, and the Longshore and Harbor Workers' Compensation Act.
See Section 4, page 22, for more detail.
Pensions and Welfare Benefits
The Employee Retirement Income Security Act (ERISA)
regulates employers who have pension or welfare benefit plans.
This statute preempts many state laws in this area and is
administered by DOL's Pension and Welfare Benefits
Administration (PWBA) . The statutealso provides an insurance
mechanism to protect retirement benefits with employers
required to pay annual pension benefit insurance premiums to
the Pension Benefits Guarantee Corporation (PBGC), which is
associated with the Department.
1. Pension Plans must meet a wide range of fiduciary and
reporting and disclosure requirements, with regulations defining
such concepts as the value of plan assets, what is adequate
consideration for the sale of assets, the effects of participants
having control over the assets in their plans, etc.
2. Welfare Benefit Plans also must meet a wide range of
fiduciary, reporting, and disclosure requirements. In addition,
PWBA administers the disclosure and notification requirements
for the continuation of health care provisions that were enacted
as part of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (COBRA). These provisions cover group health plans of
employers with 20 or more employees on a typical business day
in the previous calendar year. COBRA gives participants and
beneficiaries an election to maintain, at their own expense,
coverage under the employer's health plan.
See Section 5, page 36, for more detail.
3. Pension Insurance information can be obtained from the
Pension Benefits Guarantee Corporation by writing PBGC,
Coverage and Inquiries Branch (25440), 2020 K Street, N.W.,
Washington, D.C. 20006-1860, or by calling (202) 778-8800.
Miscellaneous Requirements for Most Employers
1. The Labor-Management Reporting and Disclosure Act
(also known as the Landrum-Griffin Act, LMRDA) deals with the
relationship between a union and its members. It provides for
safeguarding of union funds, reporting and disclosure of financial
transactions, and administrative practices of union officials,
labor consultants, etc. This is administered by DOL's Office of
Labor-Management Standards (OLMS).
Call your local OLMS office for more detail (see page 65).
2. Employee Protection provisions are built into most labor and
public safety statutes, e.g., the FLSA, the OSH Act, ERISA, many
environmental protection statutes, etc. These protect employees
who exercise t heir rights under these Acts to complain about
employers, ask for inform ation,etc. (remedies can include back
wages and reinstatement.) They are normally enforced by the
DOL agency most concerned, e.g., OSHA enforces those arising
under the OSH Act. For more information on employee
protection under a statute administered by DOL, see the relevant
section. For information on employee protection in the
environmental context, see Section 6, page 42, for more detail.
3. Veteran's Reemployment Rights ensures that those who serve
in the armed forces have a right to reemployment with the
employer they were with when they went in service, including
protection for those called up from the reserves or National
Guard. These are administered by DOL's Office of theAssistant
Secretary for Veterans' Employment and Training. See
Section 7, page 44, for more detail.
4. Plant Closings and Layoffs by employers may be subject to
the Worker Adjustment and Retraining Notification Act (WARN)
which provides for early warning to employees of the proposed
layoffs or plant closings. Questions on WARN may be
addressed to DOL's Employment and Training Administration (ETA).
See Section 8, page 46, for more detail.
5. The Employee Polygraph Protection Act (EPPA) prohibits
most use of lie detectors by employers on their employees. This
is administered by the Wage and Hour Division of ESA.
See Section 9, page 48, for more detail.
6. Garnishment of Wages by employers is subject to regulation
under the Consumer Credit Protection Act. This is administered
by the Wage and Hour Division of ESA.
See Section 10, page 50, for more detail.
II. Requirements Applicable to Employers Because of the
Receipt of Government Contracts, Grants, or Financial
Assistance
1. Wage, Hour, and Fringe Benefit Standards
are determined for these contracts under: the Davis-Bacon and
related Acts (for construction); the Contract Work, Hours, and
Safety Standards Act; the McNamara-O'Hara Service Contract
Act (for services); and the Walsh-Healey Public Contracts Act
(for manufacturing). The Wage and Hour Division of ESA both
makes the determination of wages and benefits and enforces
them. Contact your local ESA Wage and Hour Division Office for
more detail (see page 54).
2. Safety and Health Standards are also issued under these Acts
and are specifically applicable to covered contracts. Contact
your local ESA Wage and Hour Division Office for more detail
(see page 54).
3. Non-discrimination and Affirmative Action Requirements
are set under Executive Order 11246, Section 503 of the
Rehabilitation Act, and the Vietnam Veteran's Readjustment
Assistance Act (38 U.S.C. 4212). These programs prohibit
discrimination and require affirmative action with regard to race,
sex, ethnicity, religion, disability and veterans' status. They are
administered by ESA's Office of Federal Contract Compliance
Programs (OFCCP). OFCCP works closely with EEOC to
coordinate these efforts. Contact your local ESA Office of
Federal Contract Compliance Programs for more detail (see
page 57).
III. Industry-Specific Requirements in Addition to the Above
Agriculture
Several safety and health standards issued and enforced by
OSHA (e.g., field sanitation) and the Environmental Protection
Agency (e.g., pesticides) apply to this industry. In addition,
several agriculture- specific programs are administered by ETA
and ESA's Wage and Hour Division. For more information on
these programs, contact your local ESA office (see page 54).
1. The Migrant and Seasonal Agricultural Worker Protection Act
(MSPA) requires that covered farm labor contractors, agricultural
employers and agricultural associations comply with worker
protection applicable to migrant and seasonal agricultural
workers whom they recruit, solicit, hire, employ, furnish or
transport or, in the case of migrant agricultural workers, to whom
they provide housing.
2. The Immigration and Nationality Act (INA) requires that
employers wishing to use nonimmigrant workers for temporary
agricultural employment apply with the Employment and Training
Administration for a labor certificate showing that there are not
sufficient workers in the U.S. able, willing, qualified and available
to do the work and that employment of such nonimmigrant
workers will not adversely affect the wages and working
conditions of workers in the U.S.
3. INA as Amended by the Immigration Reform and Control Act
requires all employers of special and replenishment agricultural
workers (SAWs and RAWs) to provide certain information on the
use of such workers to the federal government.
4. The Fair Labor Standards Act (FLSA) contains special child
labor regulations applicable to agricultural employment. The
regulations administered and enforced by the DOL agencies
apply only to those establishments with employees (e.g., they do
not apply to family-run and family-operated farms that do not hire
outside workers).
Additionally, in some cases there are minimum employment
standards which must be met before an establishment is
covered by a regulation (e.g., OSHA's field sanitation standard is
not enforced at establishments that employ fewer than 11
workers in the field).
Mining Safety and Health
The goal of the Federal Mine Safety and Health Act of 1977 is to
improve working conditions in the nation's mines. Its provisions
cover all miners and other persons employed to work on mine
property, and it is administered by the Labor Department's Mine
Safety and Health Administration (MSHA). This law strengthened
an earlier coal mining law and brought metal and nonmetal (non-
coal) miners under the same general protections as those
afforded coal miners.
Under the Act, the operators of mines, with the assistance of
their employees, have the primary responsibility for ensuring the
health and safety of the miners. MSHA is responsible for fully
inspecting every underground mine at least four times a year and
every surface mine at least twice a year to ensure that these
responsibilities are met.
This law also established mandatory miners' training
requirements and strengthened health protection measures and
gassy mine safety programs. It also included tougher civil dollar
penalties for safety or health violations by mine operators. The
Act also provided for closure of mines in cases of imminent
danger to workers or failure to correct violations within the time
allowed, and it called for greater involvement of miners and their
representatives in processes affecting workers' health than
previously had been possible.
Each mine must be legally registered with MSHA. Many mine
operators are required to submit plans to MSHA for approval
before beginning operations. Such plans must be followed during
mining. Required plans cover operational aspects such as
ventilation, roof control, and miner training. Mine operators are
required to report each individual mine accident or injury to
MSHA.
MSHA's Coal Mine Safety and Health Division enforces law and
regulations at more than 4,600 underground and surface coal
mines. MSHA's Metal and Nonmetal Mine Safety and Health
Division enforces federal requirements, conducts training, and
assists the mining industry in reducing deaths, serious injuries
and illnesses at more than 11,000 non-coal mines (including
open pit mines, stone quarries, and sand and gravel operations).
Health and safety regulations cover numerous hazards, including
those associated with the following:
exposure to respirable dust, airborne contaminants and noise
design, operation and maintenance requirements for mechanical
equipment, including mobile equipment roof falls, and rib and
face rolls flammable, explosive and noxious gases, dust and
smoke electrical circuits and equipment fires storage,
transportation, and use of explosives hoisting access and egress
Contact your local MSHA office for more detail (see page 74).
Construction
Several DOL agencies are involved in administering programs
solely related to the construction industry.
1. Safety and Health:
OSHA has separate occupational safety and health standards
which apply only to the construction industry.
See Section 4, page 22, for more detail.
2. Wage and Fringe Benefits: The Davis-Bacon Act and related
Acts require most contractors and subcontractors on federally
assisted contracts in excess of $2,000 to pay the prevailing
wage rates and fringe benefits as determined by the Secretary of
Labor. Contact your local ESA Wage and Hour Division Office
for more detail ( see page 54).
3. Non-discrimination:
OFCCP has special regulations on non-discrimination and
affirmative action which apply only to the construction industry.
Contact your local ESA/OFCCP office for more detail (see page
57).
4. Anti-Kickback:
The "Anti-Kickback" section of the Copeland Act applies to all
contractors and subcontractors performing on any federally
funded or assisted contract for the construction, prosecution,
completion or repair of any public building or public work --
except contracts for which the only federal assistance is a loan
guarantee. This provision precludes a contractor or
subcontractor from inducing an employee -- in any manner -- to
give up any part of his/her compensation to which he/she is
entitled under his/her contract ofemployment.
Contact your local ESA Wage and Hour Division office for more
detail (see page 54).
Transportation
Many laws with labor provisions in them that affect the
transportation industry are administered by agencies outside of
the Department. For example, the Railway Labor Act is
administered primarily by the Department of Transportation and
the Railway Retirement Board. Special DOL programs for this
industry are:
1. Safety and Health:
Special longshoring and maritime industry standards issued and
enforced by OSHA.
See Section 4, page 22, for more detail.
2. Longshoring and Harbor Work:
Workers' compensation coverage provided under the Longshore
and Harbor Workers' Compensation Act, which is administered
by ESA. Employers must meet the coverage, funding, and other
requirements needed to provide these benefits.
Contact your local ESA/OWCP office for more detail (see page 77).
1. MINIMUM WAGE AND OVERTIME PAY
Fair Labor Standards Act of 1938, as Amended (Title 29, U.S.
Code, Sections 201 et seq.; 29 CFR 510-800).
Who is Covered
The Fair Labor Standards Act (FLSA) establishes minimum
wage, overtime pay, record-keeping and child labor standards
that affect more than 80 million full- and part-time workers in the
private sector and in federal, state and local governments.
The Act applies to enterprises that have employees who are
engaged in interstate commerce, producing goods for interstate
commerce, or handling, selling or working on goods or materials
that have been moved in or produced for interstate commerce.
For most firms, anannual dollar volume of business test of not
less than $500,000 applies. The following are covered by the Act
regardless of their dollar volume of business: hospitals,
institutions primarily engaged in the care of the sick, aged,
mentally ill or disabled who reside on the premises; schools for
children who are mentally or physically disabled or gifted;
preschools, elementary and secondary schools and institutions
of higher education; and federal, state and local government
agencies.
Employees of firms that do not meet the $500,000 annual dollar
volume test may be individually covered in any workweek in
which they are individually engaged in interstate commerce, the
production of goods for interstate commerce, or an activity which
is closely related and directly essential to the production of such
goods. Domestic service workers, such as day workers,
housekeepers, chauffeurs, cooks or full-time babysitters, are
also covered if they receive at least $50 in cash wages in a
calendar quarter from their employers or work a total of more
than 8 hours a week for one or more employers.
An enterprise that was covered by the Act on March 31, 1990,
and that ceased to be covered because of the increase in the
annual dollar volume test to $500,000, as required under the
1989 amendments to the Act, must continue to pay its emplo
yees not less than $3.35 an hour (the statutory minimum wage
prior to 4/1/90) and continues to be subject to the overtime pay,
child labor and record-keeping requirements of the Act.
Some employees are excluded from the Act's minimum wage
and/or overtime pay provisions under specific exemptions
provided in the law. Because these exemptions are generally
narrowly defined, employers should carefully check the exact
terms and conditions for each by contacting the Wage and Hour
Division of the Employment Standards Administration (ESA) at
the offices referenced below.
The following are examples of employees exempt from both the
minimum wage and overtime pay requirements:
Executive, administrative and professional employees (including
teachers and academic administrative personnel in elementary
and secondary schools and also including certain skilled
computer professionals as provided in P.L. 101-583, November
15, 1990) and outside sales persons Employees of seasonal
amusement or recreational establishments
Employees of certain small newspapers and switchboard
operators of small telephone companies
Seamen employed on foreign vessels
Employees engaged in fishing operations
Farm workers employed on small farms (i.e., those that used no
more than 500 "man-days" of farm labor in any calendar quarter
of the preceding calendar year)
Casual babysitters and persons employed as companions to the
elderly or infirm
The following are examples of employees exempt from the Act's
overtime pay requirements only:
Certain commissioned employees of retail or service
establishments Auto, truck, trailer, farm implement, boat or
aircraft salesworkers, or parts-clerks and mechanics servicing
autos, trucks or farm implements, and who are employed by non-
manufacturing establishments primarily engaged in selling these
items to ultimate purchasers
Railroad and air carrier employees, taxi drivers, certain
employees of motor carriers, seamen on American vessels and
local delivery employees paid on approved trip rate plans
Announcers, news editors and chief engineers of certain
non-metropolitan broadcasting stations
Domestic service workers who reside in their employer's
residence
Employees of motion picture theaters
Farmworkers
Certain employees may be partially exempted from the Act's
overtime pay requirements. These include:
Employees engaged in certain operations on agricultural
commodities and employees of certain bulk petroleum
distributors
Employees of hospitals and residential care establishments
which have agreements with the employees to work a 14-day
work period in lieu of a 7-day workweek if the employees are
paid overtime premium pay within the requirements of the Act for
all hours worked over 8 in a day or 80 in the 14-day work period,
whichever is the greater number of overtime hours
Employees who lack a high school diploma or who have not
completed the eighth grade may be required by their employer to
spend up to 10 hours in a workweek in remedial reading or
training in other basic skills that is not job-specific, as long as
they are paid their normal wages for the hours spent in training.
Such employees need not be paid overtime premium pay for
their training hours.
Basic Provisions/Requirements
The Act requires employers of covered employees who are not
otherwise exempt to pay these employees a minimum wage of
not less than $4.25 an hour. The increases in the minimum wage
mandated by the 1989 amendments to the Act will be phased in
on an industry-by-industry basis in Puerto Rico. All Puerto Rican
indust ries must reach the mainland minimum wage by April 1,
1996. Employers may pay employees on a piece-rate basis, as
long as they receive at least the equivalent of the required
minimum hourly wage rate. Employers of tipped employees, i.e.,
employees who customarily and regularly receive more than $30
a month in tips, may consider the tips of these employees as part
of their wages. This tip credit may not, however, exceed 50
percent of the required minimum wage.
Employers may pay a training wage, under certain conditions, of
at least 85 percent of the minimum wage (but not less than $3.35
an hour) for up to 90 days to employees under age 20, except for
migrant or seasonal agricultural workers and H-2A nonimmigrant
agricultural workers performing work of a temporary or seasonal
nature. An employee who has been paid at the training wage for
90 days can be employed for 90 additional days at the training
wage by a different employer if that employer provides on-the-job
training in accordance with rules of the Department of Labor.
Employers may not displace employees (or reduce their wages
or benefits) in order to hire employees at the training wage.
These training wage provisions expire on March 31, 1993.
The Act also permits the employment of the following individuals
at wage rates below the statutory minimum wage under
certificates issued by the Department:
Student learners
Full-time students in retail or service establishments,
agriculture, or institutions of higher education
Individuals whose earning or productive capacity is impaired by
a physical or mental disability, including those related to age or
injury, for the work to be performed
While not placing a limit on the total hours which may be worked,
the Act requires that covered employees, unless otherwise
exempt, be paid not less than one and one-half times their
regular rates of pay for all hours worked in excess of 40 in a
workweek. Employers are required to keep records on wages,
hours and other items as set out in the Department of Labor's
regulations. Most of this information is of the type generally
maintained by employers in ordinary business practice.
Performance of certain types of work in an employee's home is
prohibited under the Act unless the employer has obtained prior
certification from the Department of Labor. Restrictions apply in
the manufacture of knitted outerwear, gloves and mittens, buttons
and buckles, handkerchiefs, embroideries and jewelry (where
safety and health hazards are not involved). Employers wishing
to employ homeworkers in these industries are required to,
among other things, provide written assurances to the
Department that they will comply with the Act's monetary and
other requirements. The manufacture of women's apparel (and
jewelry under hazardous conditions) is generally prohibited,
except under special certificates that allow homework in these
industries when the homeworker is unable to adjust to factory
work because of age or physical or mental disability, or is caring
for an invalid in the home.
Special provisions apply to state and local government
employment. It is a violation of the Act to fire or in any other
manner discriminate against an employee for filing a complaint
or for participating in a legal proceeding under the Act. The Act
also prohibits the shipment of goods in interstate commerce
which were produced in violation of the minimum wage, overtime
pay, child labor, or special minimum wage provisions.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Enforcement of the Act is carried out by Wage and Hour Division
compliance officers stationed throughout the country. A variety of
remedies are available to the Department to enforce compliance
with the Act's requirements. When compliance officers encounter
violations, they recommend changes in employment practices in
order to bring the employer into compliance. Willful violations
may be prosecuted criminally and the violators fined up to
$10,000. A second conviction may result in imprisonment.
Employers who willfully and repeatedly violate the minimum wage
or overtime pay requirements are subject to civil money penalties
of up to $1,000 per violation. Employers are subject to a civil
money penalty of up to $10,000 for each employee employed in
violation of the child labor provisions. When a civil money penalty
is assessed, employers have the right, within 15 days of receipt
of the notice of such penalty, to file an exception to the
determination. When an exception is filed, it is referred to an
administrative law judge for a hearing and determination as to
the appropriateness of the penalty. If an exception is not filed, the
penalty becomes final.
The Secretary of Labor may also bring suit for back pay and an
equal amount in liquidated damages and obtain injunctions to
restrain persons from violating the Act. Employees may also
bring suit, where the Department has not done so, for back pay
and liquidated damages, as well as attorney's fees and court
costs.
Relation to State, Local and Other Federal Laws
State laws also apply to employment subject to this Act. When
both this Act and a state law apply, the law setting the higher
standards must be observed.
2. CHILD LABOR (Nonagriculture)
Fair Labor Standards Act of 1938, as Amended (Title 29, U.S.
Code, Section 201 et seq.; 29 CFR 570-580).
Who is Covered
The child labor provisions of the Fair Labor Standards Act (the
Act) are designed to protect the educational opportunities of
youths and prohibit their employment in jobs and under
conditions detrimental to their health and well-being.
In nonagriculture, the child labor provisions apply to enterprises
that have employees who are engaged in interstate commerce,
producing goods for interstate commerce, or handling, selling or
working on goods or materials that have been moved in or
produced for interstate commerce. For most firms, an annual
dollar volume of business test of not less than $500,000 applies.
The following are covered by the Act regardless of their dollar
volume of business: hospitals; institutions primarily engaged in
the care of the sick, aged, mentally ill or disabled who reside on
the premises; schools for children who are mentally or physically
disabled or gifted; preschools, elementary and secondary
schools and institutions of higher education; and federal, state
and local government agencies. Employees of firms that do not
meet the $500,000 annual dollar volume test may be individually
covered in any workweek in which they are individually engaged
in interstate commerce, the production of goods for interstate
commerce or an activity which is closely related and directly
essential to the production of such goods. Domestic service
workers, such as day workers, housekeepers, chauffeurs, cooks
or full-time babysitters, are also covered if they receive at least
$50 in cash wages in a calendar quarter from their employers or
work a total of more than 8 hours a week for one or more
employers.
An enterprise that was covered by the Act on March 31, 1990,
andceased to be covered because of the increase in the annual
dollar volume test to $500,000 as required under the 1989
amendments to the Act, remains subject to the Act's child labor
provisions. Sixteen is the minimum age for most nonfarm work.
However, youths may, at any age: deliver newspapers; perform
in radio, television, movies, or theatrical productions; work for
their parents in their solely owned nonfarm businesses (except in
mining, manufacturing, or in any other occupation declared
hazardous by the Secretary of Labor); or gather evergreens and
make evergreen wreaths.
Basic Provisions/Requirements
The Act's child labor provisions include restrictions on the hours
of work and occupations for youths under age 16. These
provisions set forth 17 hazardous occupations orders for jobs
declared by the Secretary of Labor to be too dangerous for
minors under age 18 to perform. The Act prohibits the shipment
of goods in interstate commerce which were produced in
violation of the child labor provisions. It is also a violation of the
Act to fire or in any other manner discriminate against an
employee for filing a complaint or for participating in a legal
proceeding under the Act. The permissible jobs and hours of
work, by age, in nonfarm work are as follows:
Youths 18 years or older may perform any job for unlimited hours
Youths age 16 and 17 may perform any job not declared
hazardous by the Secretary of Labor, for unlimited hours
Youths age 14 and 15 may work outside school hours in various
nonmanufacturing, nonmining, nonhazardous jobs under the
following conditions: no more than 3 hours on a school day, 18
hours in a school week, 8 hours on a nonschool day, or 40 hours
in a nonschool week. In addition, they may not begin work before
7 a.m. nor work after 7 p.m., except from June 1 through Labor
Day, when evening hours are extended until 9 p.m. Youths aged
14 and 15 who are enrolled in an approved Work Experience
and Career Exploration Program (WECEP) may be employed
for up to 23 hours in school weeks and 3 hours on school days
(including during school hours).Detailed information on the
occupations determined to be hazardous by the Secretary is
available by contacting the Wage and Hour Division at the
offices listed below.
Department of Labor regulations require employers to keep
records of the date of birth of employees under age 19, including
daily starting and quitting times, daily and weekly hours worked,
and the employee's occupation.
Employers may protect themselves from unintentional violation of
the child labor provisions by keeping on file an employment or
age certificate for each youth employed to show that the youth is
the minimum age for the job. Certificates issued under most
state laws are acceptable for this purpose.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Employers are subject to a civil money penalty of up to $10,000
for each employee employed in violation of the child labor
provisions. When a civil money penalty is assessed, employers
have the right, within 15 days of receipt of the notice of such
penalty, to file an exception to the determination. When an
exception is filed, it is referred to an administrative law judge for
a hearing and determination as to the appropriateness of the
penalty. Either party may appeal the decision of the
administrative law judge to the Secretary of Labor. If an
exception is not timely filed, the penalty becomes final. The Act
also provides, in the case of a conviction for a willful violation, for
a fine of up to $10,000; or, for a second offense committed after
the conviction of such person for a similar offense, for a fine of
not more than $10,000 and imprisonment for up to six months, or
both. The Secretary of Labor may also bring suit to obtain
injunctions to restrain persons from violating the Act.
Relation to State, Local and Other Federal Laws
Many states have child labor laws. When both this Act and a
state law apply, the law setting the higher standards must be
observed.
3. EMPLOYMENT ELIGIBILITY OF ALIEN WORKERS
Immigration and Nationality Act (INA) (8 U.S. Code, Section 1186).
Who is Covered
The Immigration and Nationality Act (INA) employment eligibility
verification and related nondiscrimination provisions apply to all
employers.
Basic Provisions/Requirements
Under the INA, employers may legally hire workers only if they
are citizens of the U.S. or aliens authorized to work in the United
States. For some aliens (students, nurses, "specialty
occupations," fashion models) employers must comply with
attestation procedures through the Department of Labor. The INA
requires that employers verify the employment eligibility of all
individuals hired after November 6, 1986. To do so, employers
must require applicants to show proof of their employment
eligibility, by requiring completion of the I-9 form. Employers must
keep I-9s on file for at least 3 years (or one year after
employment ends, whichever is greater).
The INA also protects U.S. citizens, and aliens authorized to
accept employment in the U.S., from discrimination in hiring or
discharge on the basis of national origin and citizenship status.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Employers who fail to complete and/or retain the I-9 forms are
subject to civil fines of up to $1,000 per applicant. Enforcement
of the INA requirements on employment eligibility verification
comes under the jurisdiction of the Immigration and
Naturalization Service (INS). The Justice Department is
responsible for enforcing the anti-discrimination provisions. In
conjunction with their ongoing enforcement efforts, the
Employment Standards Administration's Wage and Hour
Division and Office of Federal Contract Compliance Programs
conduct inspections of the I-9 forms. Their findings are reported
to the INS and to the Department of Justice where there is
apparent disparate treatment in the verification process.
Relation to State, Local and Other Federal Laws
Not Applicable.
4. OCCUPATIONAL SAFETY AND HEALTH
The Occupational Safety and Health Act of 1970 (OSH Act), 29
U.S.C. 651 et seq.; Title 29 Code of Federal Regulations, Parts
1900 to end.
Who is Covered
In general, coverage of the Act extends to all employers and their
employees in the 50 states, the District of Columbia, Puerto
Rico, and all other territories under federal government
jurisdiction. Coverage is provided either directly by the Federal
Occupational Safety and Health Administration (OSHA) or
through an OSHA-approved state job safety and health program.
As defined by the Act, an employer is any "person engaged in a
business affecting commerce who has employees, but does not
include the United States or any state or political subdivision of a
State." Therefore, the Act applies to employers and employees
in such varied fields as manufacturing, construction, longshoring,
agriculture, law and medicine, charity and disaster relief,
organized labor and private education. Such coverage includes
religious groups to the extent that they employ workers for
secular purposes.
The following are not covered by the Act:
Self-employed persons
Farms at which only immediate members of the farmer's family
are employed
Working conditions regulated by other federal agencies under
other federal statutes. This category includes most employment
in mining, nuclear energy and nuclear weapons manufacture, and
many segments of the transportation industries.
When another federal agency is authorized to regulate safety and
health working conditions in a particular industry, if it does not
do so in specific areas, then OSHA requirements apply.
As OSHA develops effective safety and health regulations of its
own, safety and health regulations originally issued under the
following laws administered by the Department of Labor are
superseded: the Walsh-Healey Act, the Service Contract Act, the
Contract Work Hours and Safety Standards Act, the Arts and
Humanities Act, and the Longshore and Harbor Workers'
Compensation Act.
Basic Provisions/Requirements
The Act assigns to OSHA two principal functions: setting
standards and conducting workplace inspections to assure
employers are complying with the standards and providing a
safe and healthful workplace. OSHA standards may require
conditions, or the adoption or use of one or more practices,
means, methods or processes reasonably necessary and
appropriate to protect workers on the job.
It is the responsibility of employers to become familiar with
standards applicable to their establishments, to eliminate
hazardous conditions to the extent possible, and to comply with
the standards. Compliance may include assuring that employees
have and use personal protective equipment when required for
safety or health. Employees must comply with all rules and
regulations that are applicable to their own actions and conduct.
Where OSHA has not promulgated a specific standard,
employers are responsible for complying with the OSH Act's
"general duty" clause. The general duty clause of the Act [Section
5(a)(1)] states that each employer "shall furnish . . . a place of
employment which is free from recognized hazards that are
causing or are likely to cause death or serious physical harm to
his employees."
States with OSHA-approved job safety and health programs
must set standards that are at least as effective as the equivalent
federal standard. Many state-plan states adopt standards
identical to the federal ones.
Federal OSHA Standards
These fall into four major categories: general industry (29 CFR
1910), construction (29 CFR 1926), maritime - shipyards, marine
terminals, longshoring - (29 CFR 1915-19), and agriculture (29
CFR 1928).
Each of these four categories of standards imposes
requirements that are, in some cases, identical for each category
of employers; in others, they are either absent or vary somewhat.
Among the standards that impose similar requirements on all
industry sectors are those for access to medical and exposure
records, personal protective equipment, and hazard
communication. Access to Medical and Exposure Records: This
standard requires that employers grant employees access to any
of their medical records maintained by the employer and to any
records the employer maintains on the employees' exposure to
toxic substances.
Personal Protective Equipment: This standard, included
separately in the standards for each industry segment (except
agriculture) requires that employers provide employees, at no
cost to employees, with personal protective equipment designed
to protect them against certain hazards. This can range from
protective helmets in construction and cargo handling work to
prevent head injuries, to eye protection, hearing protection, hard-
toed shoes, special goggles (for welders, for example) and
gauntlets for iron workers.
Hazard Communication: This standard requires that
manufacturers and importers of hazardous materials conduct a
hazard evaluation of the products they manufacture or import. If
the product is found to be hazardous under the terms of the
standard, containers of the material must be appropriately
labeled and the first shipment of the material to a new customer
must be accompanied by a material safety data sheet (MSDS).
Receiving employers must train their employees, using the
MSDSs they receive, to recognize and avoid the hazards the
materials present.
In general, however, all employers should be aware that any
hazard not covered by an industry-specific standard may be
covered by a general industry standard or by the general duty
clause. This coverage becomes important in the enforcement
aspects of OSHA's work.
Other types of requirements are imposed by regulation rather
than by a standard. OSHA regulations cover such items as
record-keeping, reporting and posting.
Record-keeping: Every employer covered by OSHA who has
more than 10 employees must maintain OSHA-specified records
of job-related injuries and illnesses. There are two such records,
the OSHA Form 200 and the OSHA Form 101.
The OSHA Form 200 is an injury/illness log, with a separate line
entry for each recordable injury or illness (essentially those
work-related deaths, injuries and illnesses other than minor
injuries that require only first aid treatment and that do not
involve medical treatment, loss of consciousness, restriction of
work or motion, or transfer to another job). A summary section of
the OSHA Form 200, which includes the total of the previous
year's injury and illness experience, must be posted in the
workplace for the entire month of February each year.
The OSHA Form 101 is an individual incident report that
provides added detail about each individual recordable injury or
illness. A suitable insurance or worker compensation form that
provides the same details may be substituted for the OSHA
Form 101.
Unless an employer has been selected in a particular year to be
part of a national survey of workplace injuries and illnesses
conducted by the Department of Labor's Bureau of Labor
Statistics (BLS), employers with ten or fewer employees or
employers in traditionally low-hazard industries are exempt from
maintaining these records; all employers selected for the BLS
survey must maintain the records. Employers so selected will be
notified before the end of the year to begin keeping records
during the coming year, and technical assistance on completing
these forms is available from the state offices which select these
employers for the survey.
Industries designated as traditionally low hazard include:
automobile dealers; apparel and accessory stores; furniture and
home furnishing stores; eating and drinking places; finance,
insurance, and real estate industries; and service industries,
such as personal and business services, legal, educational,
social and cultural services and membership organizations.
Reporting: In addition to selected employers each year being
required to report their injury and illness experience, each
employer, regardless of number of employees or industry
category, must report to the nearest OSHA office within 48 hours
any accident that results in one or more fatalities or
hospitalization of five or more employees. Such accidents are
often investigated by OSHA to determine whether violations of
standards contributed to the event.
Workplace Inspections
To enforce its standards, OSHA is authorized under the Act to
conduct workplace inspections. Every establishment covered by
the Act is subject to inspection by OSHA compliance safety and
health officers (CSHOs), who are chosen for their knowledge and
experience in the occupational safety and health field. CSHOs
are thoroughly trained in OSHA standards and in the recognition
of safety and health hazards. Similarly, states with their own
occupational safety and health programs conduct inspections
using qualified state CSHOs.
Employee Rights
Employees are granted several important rights by the Act.
Among them are the right to: complain to OSHA about safety and
health conditions in their workplace and have their identity kept
confidential from the employer, contest the time period OSHA
allows for correcting standards violations, and participate in
OSHA workplace inspections.
Anti-Discrimination Provisions
Private sector employees who exercise their rights under OSHA
can be protected against employer reprisal. Employees must
notify OSHA within 30 days of the time they learned of the
alleged discriminatory action. This notification is followed by an
OSHA investigation. If OSHA agrees that discrimination has
occurred, the employer will be asked to restore any lost benefits
to the affected employee. If necessary, OSHA can take the
employer to court. In such cases, the worker pays no legal fees.
Assistance Available
Copies of Standards
The Federal Register is one of the best sources of information
on standards, since all OSHA standards are published there
when adopted, as are all amendments, corrections, insertions or
deletions. The Federal Register, published five days a week, is
available in many public libraries. Annual subscriptions are
available from the Superintendent of Documents, U.S.
Government Printing Office (GPO), Washington, DC 20402. For
the current price, contact GPO at (202) 783-3238.
Each year the Office of the Federal Register publishes all current
regulations and standards in the Code of Federal Regulations
(CFR), available at many public libraries and from GPO. OSHA's
regulations and standards are collected in several volumes in
Title 29 CFR, Parts 1900-1999.
Since states with OSHA-approved job safety and health
programs adopt and enforce their own standards under state
law, copies of these standards can be obtained from the
individual states. Addresses and phone numbers are found
beginning on page 60 in the appendix.
Training and Education
OSHA's field offices (more than 70) are full-service centers
offering a variety of informational services such as publications,
technical advice, audio-visual aids on workplace hazards, and
lecturers for speaking engagements.
The OSHA Training Institute in Des Plaines, IL, provides basic
and advanced training and education in safety and health for
federal and state CSHOs; state consultants; other federal agency
personnel; and private sector employers, employees and their
representatives.Institute courses cover topics such as electrical
hazards, machine guarding, ventilation and ergonomics. The
Institute facility includes classrooms, laboratories, a library and
an audio-visual unit. The laboratories contain various
demonstrations and equipment, such as power presses,
woodworking and welding shops, a complete industrial
ventilation unit, and a noise demonstration laboratory. Sixty-three
courses are available for students from the private sector dealing
with subjects such as safety and health in the construction
industry and methods of voluntary compliance with OSHA standards.
OSHA also provides funds to nonprofit organizations to conduct
workplace training and education in subjects where OSHA
believes there is a current lack of workplace training. OSHA
identifies areas of unmet needs for safety and health education
in the workplace annually and invites grant applications to addre
ss these needs. The Training Institute is OSHA's point of contact
for learning about the many valuable training products and
materials developed under such grants.
Organizations awarded grants use funds to develop training and
educational programs, reach out to workers and employers for
whom their program is appropriate, and provide these programs
to employers and employees.
Grants are awarded annually, with a one-year renewal possible.
Grant recipients are expected to contribute 20 percent of the
totalgrant cost.
While OSHA does not provide grant materials directly, it will
provide addresses and phone numbers of contact persons from
whom the public can order such materials for its use. Contact the
OSHA Training Institute at (708) 297-4810.
Consultation Assistance
Consultation assistance is available to employers who want help
in establishing and maintaining a safe and healthful workplace.
Largely funded by OSHA, the service is provided at no cost to
the employer.
No penalties are proposed or citations issued for hazards
identified by the consultant.
The service is provided to the employer with the assurance that
his or her name and firm and any information about the
workplace will not be routinely reported to OSHA inspection staff.
Besides helping employers identify and correct specific hazards,
consultation can include assistance in developing and
implementing effective workplace safety and health programs
with emphasis on the prevention of worker injuries and illnesses.
Limited assistance such as training and education services, is
also provided away from the worksite.
Primarily targeted for smaller employers with more hazardous
operations, the consultation service is delivered by state
government agencies or universities employing professional
safety consultants and health consultants. When delivered at the
worksite, consultation assistance includes an opening conferenc
e with the employer to explain the ground rules for consultation, a
walk through the workplace to identify any specific hazards and
to examine those aspects of the employer's safety and health
program which relate to the scope of the visit, and a closing
conference followed by a written report to the employer of the
consultant's findings and recommendations.
This process begins with the employer's request for consultation
and the commitment to correct any serious job safety and health
hazards identified by the consultant. Possible violations of OSHA
standards will not be reported to OSHA enforcement staff unless
the employer fails or refuses to eliminate or control worker
exposure to any identified serious hazard or imminent danger
situation. In such unusual circumstances, OSHA may investigate
and begin enforcement action.
Employers who receive a comprehensive consultation visit,
correct all identified hazards, and demonstrate that an effective
safety and health program is in operation may be exempted from
OSHA general schedule enforcement inspections (not complaint
or accident investigations) for a period of one year.
Comprehensive consultation assistance includes an appraisal of
all work practices; mechanical, physical, and environmental
hazards in the workplace; and, all aspects of the employer's
present job safety and health program.
Additional information concerning consultation assistance,
including a directory of OSHA-funded consultation projects, can
be obtained by requesting OSHA publication No. 3047,
Consultation Services for the Employer.
Voluntary Protection Programs
The Voluntary Protection Programs (VPPs) represent one part of
OSHA's effort to extend worker protection beyond the minimum
required by OSHA standards. These programs, along with others
such as expanded on-site consultation services and full-service
area offices, are cooperative approaches which, when coupled
with an effective enforcement program, expand worker protection
to help meet the goals of the Occupational Safety and Health Act
of 1970.
The VPPs are designed to:
Recognize outstanding achievement of those who have
successfully incorporated comprehensive safety and health
programs into their total management system
Motivate others to achieve excellent safety and health results in
the same outstanding way
Establish a relationship between employers, employees, and
OSHA that is based on cooperation rather than coercion
OSHA reviews an employer's VPP application and conducts an
on-site review to verify that the safety and health program
described is in operation at the site. Evaluations are conducted
on a regular basis, annually for Merit and Demonstration
programs, and triennially for Star. All participants must send their
injury information annually to their OSHA regional office. Sites
participating in the VPP are not scheduled for programmed
inspections; however, any employee complaints, serious
accidents or significant chemical releases that may occur are
handled according to routine enforcement procedures.
An employer may make application for any VPP at the nearest
OSHA regional office. Once OSHA is satisfied that, on paper,
the employer qualifies for the program, an onsite review will be
scheduled. The review team presents its findings in a written
report for the company's review prior to submission to the
Assistant Secretary of Labor, who heads OSHA. If approved, the
employer receives a letter from the Assistant Secretary informing
the site of its participation in the VPP. A certificate of approval
and flag are presented at a ceremony held at or near the
approved worksite. Star sites receiving reapproval after each
triennial evaluation receive plaques at similar ceremonies.
The VPPs described are available in states under federal
jurisdiction. Some states with their own safety and health
programs have similar programs. Interested companies in these
states should contact the appropriate state agency for more
information (see list beginning on page 59).
Information Sources
Information about state programs, VPP, consultation programs,
and inspections can be obtained from the nearest OSHA field
office, or from one of the 10 regional OSHA offices listed,
beginning on page 63 in the appendix. The listing indicates the
states and territories under the jurisdiction of each regional
office. Area offices under regional office jurisdiction are listed in
local phone directories under U.S. Government listings for the
U.S Department of Labor.
Other Sources
A single free copy of an OSHA catalog, OSHA 2019, "OSHA
Publications and Audiovisual Programs," may be obtained by
mailing a self-addressed mailing label to the OSHA Publications
Office, Room N3101, US Department of Labor, Washington, DC
20210; telephone (202) 219-9667. Descriptions of and ordering
information for all OSHA publications and audiovisual programs
are contained in this catalog.
Questions about OSHA programs, the status of ongoing
standards-setting activities, and general inquiries about OSHA
may be addressed to the OSHA Office of Information &
Consumer Affairs, Room N3637, U.S. Department of Labor,
Washington, DC 2 0210;telephone (202) 219-8151.
Those who are interested in following OSHA activities more
closely may be interested in subscribing to OSHA's official
magazine, Job Safety & Health Quarterly. Subscription orders
may be placed with the Superintendent of Documents,
Government Printing Office, Washington, DC 20402; telephone
(202) 783-3238. Orders by phone maybe charged to VISA or
MASTERCARD. Written orders should be accompanied by a
check or money order made payable to "Superintendent of
Documents" in the amount of $5.50 (international orders add 25%).
Penalties
These are the types of violations that may be cited and the
penalties that may be proposed:
Other-Than-Serious Violation: A violation that has a direct
relationship to job safety and health, but probably would not
cause death or serious physical harm. A proposed penalty of up
to $7,000 for each violation is discretionary. A penalty for an
other-than-serious violation may be adjusted downward by as
much as 95 percent, depending on the employer's good faith
(demonstrated efforts to comply with the Act), history of previous
violations, and size of business. When the adjusted penalty
amounts to less than $50, no penalty is proposed.
Serious Violation: A violation where there is substantial
probability that death or serious physical harm could result and
that the employer knew, or should have known, of the hazard. A
mandatory penalty of up to $7,000 for each violation is proposed.
A penalty for a serious violation may be adjusted downward,
based on the employer's good faith, history of previous
violations, the gravity of the alleged violation, and size of
business. Willful Violation: A violation that the employer
intentionally and knowingly commits. The employer either knows
that what he or she is doing constitutes a violation, or is aware
that a hazardous condition existed and has made no reasonable
effort to eliminate it.
The Act provides that an employer who willfully violates the Act
may be assessed a civil penalty of not more than $70,000 but not
less than $5,000 for each violation. A proposed penalty for a
willful violation may be adjusted downward, depending on the
size of the business and its history of previous violations. Usually
no credit is given for good faith.
If an employer is convicted of a willful violation of a standard
that has resulted in the death of an employee, the offense is
punishable by a court-imposed fine or by imprisonment for up to
six months, or both. A fine of up to $250,000 for an individual, or
$500,000 for a corporation [authorized under the
Comprehensive Crime Control Act of 1984 (1984 CCA), not the
OSH Act], may be imposed for a criminal conviction.
Repeated Violation: A violation of any standard, regulation, rule
or order where, upon reinspection, a substantially similar
violation is found. Repeated violations can bring a fine of up to
$70,000 for each such violation. To be the basis of a repeat
citation, the original citation must be final; a citation under
contest may not serve as the basis for a subsequent repeat
citation.
Failure to Correct Prior Violation: Failure to correct a prior
violation may bring a civil penalty of up to $7,000 for each day
the violation continues beyond the prescribed abatement date.
Additional violations for which citations and proposed penalties
may be issued are as follows:
Falsifying records, reports or applications upon conviction can
bring a fine of $10,000 or up to six months in jail, or both
Violations of posting requirements can bring a civil penalty of up
to $7,000
Assaulting a compliance officer, or otherwise resisting,
opposing, intimidating, or interfering with a compliance officer in
the performance of his or her duties is a criminal offense, subject
to a fine of not more than $250,000 for an individual and
$500,000 for a corporation (1984 CCA) and imprisonment for
not more than three years
Citation and penalty procedures may differ somewhat in states
with their own occupational safety and health programs.
Appeals Process
Appeals by Employees: If an inspection was initiated due to an
employee complaint, the employee or authorized employee
representative may request an informal review of any decision
not to issue a citation.
Employees may not contest citations, amendments to citations,
penalties or lack of penalties. They may contest the time in the
citation for abatement of a hazardous condition. They also may
contest an employer's Petition for Modification of Abatement
(PMA) which requests an extension of the abatement period.
Employees mus tcontest the PMA within 10 working days of its
posting or within 10 working days after an authorized employee
representative has received a copy.
Within 15 working days of the employer's receipt of the citation,
the employee may submit a written objection to OSHA. The
OSHA area director forwards the objection to the Occupational
Safety and Health Review Commission, which operates
independently of OSHA. Employees may request an informal
conference with OSHA to discuss any issues raised by an
inspection, citation, notice of proposed penalty or employer's
notice of intention to contest.
Appeals by Employers: When issued a citation or notice of a
proposed penalty, an employer may request an informal meeting
with OSHA's area director to discuss the case. Employee
representatives may be invited to attend the meeting. The area
director is authorized to enter into settlement agreements that
revise citations and penalties to avoid prolonged legal disputes.
Petition for Modification of Abatement (PMA): Upon receiving a
citation, the employer must correct the cited hazard by the
prescribed date unless he or she contests the citation or
abatement date. If factors beyond the employer's reasonable
control prevent the completion of corrections by that date, the
employer who has made a good faith effort to comply may file a
PMA for an extended date.
The written petition should specify all steps taken to achieve
compliance, the additional time needed to achieve complete
compliance, the reasons this additional time is needed, and all
temporary steps being taken to safeguard employees against
the cited hazard during the intervening period. It should also
indicate that a copy of the PMA was posted in a conspicuous
place at or near each place where a violation occurred, and that
the employee representative (if there is one) received a copy of
the petition. Notice of Contest: If the employer decides to contest
either the citation, the time set for abatement, or the proposed
penalty, he or she has 15 working days from the time the citation
and proposed penalty are received in which to notify the OSHA
area director in writing. An orally expressed disagreement will
not suffice. This written notification is called a "Notice of
Contest."
There is no specific format for the Notice of Contest; however, it
must clearly identify the employer's basis for contesting the
citation, notice of proposed penalty, abatement period, or
notification of failure to correct violations.
A copy of the Notice of Contest must be given to the employees'
authorized representative. If any affected employees are not
represented by a recognized bargaining agent, a copy of the
notice must be posted in a prominent location in the workplace,
or else served personally upon each unrepresented employee.
Appeal Review Procedure
If the written Notice of Contest has been filed within the required
15 working days, the OSHA area director forwards the case to
the Occupational Safety and Health Review Commission
(OSHRC). The Commission is an independent agency not
associated with OSHA or the Department of Labor. The
Commission assigns the case to an administrative law judge.
The judge may disallow the contest if it is found to be legally
invalid, or a hearing may be scheduled for a public place near
the employer's workplace. The employer and the employees
have the right to participate in the hearing; the OSHRC does not
require that they be represented by attorneys.
Once the administrative law judge has ruled, any party to the
case may request a further review by OSHRC. Any of the three
OSHRC commissioners also may, at his or her own motion,
bring a case before the Commission for review. Commission
rulings may be appealed to the appropriate U.S. Court of
Appeals.
Appeals In State-Plan States
States with their own occupational safety and health programs
have a state system for review and appeal of citations, penalties,
and abatement periods. The procedures are generally similar to
Federal OSHA's, but cases are heard by a state review board or
equivalent authority.
Relation to State, Local and Other Federal Laws
As discussed above in the section titled "Who is Covered,"
Federal OSHA has jurisdiction over workplace safety and health
issues in all states that do not operate their own OSHA-approved
programs. In fact, any occupational safety and health issues
regulated by a state that does not have an OSHA-approved
program are preempted by OSHA jurisdiction.
The agency also covers all working conditions that are not
covered by safety and health regulations of some other federal
agency under other legislation. Industries where such regulations
frequently apply include most transportation industries (rail, air
and highway safety are under the Department of Transportation),
nuclear industries (covered either by the Department of Energy
or the Nuclear Regulatory commission) and mining (covered by
the Department of Labor's Mine Safety and Health
Administration, and discussed elsewhere in this publication).
OSHA also has the authority to monitor the safety and health of
federal employees.
5. EMPLOYEE BENEFIT PLANS
Employee Retirement Income Security Act (ERISA), 29 USC
§1001 et seq., 29 CFR §2509 et seq.
Who is Covered
The provisions of Title I of ERISA are intended to require
compliance from most private sector employee benefit plans.
Employee benefit plans are voluntarily established and
maintained by an employer, an employee organization, or jointly
by one or more such employers and the employee organization.
Employee benefit plans which are pension plans are established
and maintained to provide retirement income or to defer income
to termination of covered employment or beyond. Employee
benefit plans which are welfare plans are established and
maintained to provide, through insurance or otherwise, health
benefits, disability benefits, death benefits, prepaid legal
services, vacation benefits, day care centers, scholarship funds,
apprenticeship and training benefits, or other similar benefits.
In general, ERISA does not cover plans established or
maintained by governmental entities or churches for their
employees, or plans which are maintained solely to comply with
applicable workers compensation, unemployment or disability
laws. ERISA also does not cover plans maintained outside the
United States primarily for the benefit of nonresident aliens or
unfunded excess benefit plans.
Basic Provisions/Requirements
ERISA sets uniform minimum standards to assure the equitable
character of employee benefit plans and their financial
soundness to provide workers with benefits promised by their
employers. In addition, employers have an obligation to provide
promised benefits and satisfy ERISA's requirements on
managing and administering private pension and welfare plans.
The Department's Pension and Welfare Benefits Administration
(PWBA), together with the Internal Revenue Service (IRS),
carries out its statutory and regulatory authority to assure that
workers receive the promised benefits. The Department has
principal jurisdiction over Title I of ERISA, which requires
persons and entities who manage and control plan funds to:
Carry out their duties in a prudent manner and refrain from
conflict-of-interest transactions expressly prohibited by law, for
the exclusive benefit of participants and beneficiaries
Comply with limitations on certain plans' investments in employer
securities and properties
Fund benefits in accordance with the law and plan rules
Report and disclose information on the operations and financial
condition of plans to the government and participants
Provide documents required in the conduct of investigations to
assure compliance with the law
The IRS administers Title II of ERISA, which includes vesting
participation, discrimination and funding standards.
Reporting and Disclosure
Part 1 of Title I requires the administrator of an employee benefit
plan to furnish participants and beneficiaries with a summary
plan description (SPD), describing in understandable terms,
their rights, benefits and responsibilities under the plan. Plan
administrators are also required to furnish participants with a
summary of any material changes to the plan or changes to the
information contained in the summary plan description.
Generally, copies of these documents must be filed with the
Department.
In addition, the administrator must file an annual report (Form
5500 Series) each year containing financial and other
information concerning the operation of the plan. Plans with 100
or more participants must file the Form 5500. Plans with fewer
than 100 participants file the Form 5500-C at least every third
year and may file a Form 5500-R, an abbreviated report, in the
two intervening years. The forms are filed with the Internal
Revenue Service, which furnishes the information to the
Department of Labor. Welfare benefit plans with fewer than 100
participants that are fully insured or unfunded (i.e., benefits are
provided exclusively through insurance contracts where the
premiums are paid directly from the general assets of the
employer or the benefits are paid from the general assets of the
employer) are not required to file an annual report under
regulations issued by the Department. Plan administrators must
furnish participants and beneficiaries with a summary of the
information in the annual report.
The Department 's regulations governing reporting and
disclosure requirements are set forth at 29 CFR §2520.101-1 et seq.
Fiduciary Standards
Part 4 sets forth standards and rules governing the conduct of
plan fiduciaries. In general, persons who exercise discretionary
authority or control regarding management of a plan or
disposition of its assets are "fiduciaries" for purposes of Title I of
ERISA. Fiduciaries are required, among other things, to
discharge their duties solely in the interest of plan participants
and beneficiaries and for the exclusive purpose of providing
benefits and defraying reasonable expenses of administering the
plan. In discharging their duties, fiduciaries must act prudently
and in accordance with documents governing the plan, to the
extent such documents are consistent with ERISA. Certain
transactions between an employee benefit plan and "parties in
interest," which include the employer and others who may be in a
position to exercise improper influence over the plan, are
prohibited by ERISA. Most of these transactions are also
prohibited by the Internal Revenue Code ("Code"). The Code
imposes an excise tax on "disqualified persons" -- whose
definition generally parallels that of parties in interest
-- who participate in such transactions.
Exemptions
Both ERISA and the Code contain various statutory exemptions
from the prohibited transaction rules and give the Departments of
Labor and Treasury, respectively, authority to grant
administrative exemptions and establish exemption procedures.
Reorganization Plan No. 4 of 1978 transferred the authority of the
Treasury Department over prohibited transaction exemptions,
with certain exceptions, to the Labor Department.
The statutory exemptions generally include loans to participants,
the provision of services necessary for operation of a plan for
reasonable compensation, loans to employee stock ownership
plans, and investment with certain financial institutions regulated
by other State or Federal agencies. (See ERISA section 408 for
the conditions of the exemptions.) Administrative exemptions
may be granted by the Department on a class or individual basis
for a wide variety of proposed transactions with a plan.
Applications for individual exemptions must include, among other
information:
Percentage of assets involved in the exemption transaction
The names of persons with investment discretion
Extent of plan assets already invested in loans to, property
leased by, and securities issued by parties in interest involved in
he transaction Copies of all contracts, agreements, instruments
and relevant portions of plan documents and trust agreements
bearing on the exemption transaction
Information regarding plan participation in pooled funds when the
exemption transaction involves such funds
Declaration, under penalty of perjury by the applicant, attesting
to the truth of representations made in such exemption
submissions Statement of consent by third-party experts
acknowledging that their statement is being submitted to the
Department as part of an exemption application
The Department's exemption procedures are set forth at 29 CFR
§2570.30 through 2570.51.
Enforcement
ERISA imposes substantial law enforcement responsibilities on
the Department. Part 5 of ERISA Title I gives the Department
authority to bring a civil action to correct violations of the law,
gives investigative authority to determine whether any person
has violated Title I, and imposes criminal penalties on any
person who willfully violates any provision of Part 1 of Title V.
Continuation Health Coverage
Continuation health care provisions were enacted as part of the
Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA).
These provisions cover group health plans of employers with 20
or more employees on a typical working day in the previous
calendar year. COBRA gives participants and beneficiaries an
election to maintain at their own expense coverage under their
health plan at a cost that is comparable to what it would be if they
were still members of the employer's group. Employers and plan
administrators have an obligation to determine specific rights of
beneficiaries with respect to election, notification and type of
coverage options. (See 29 USC §§1161 through 1168). Plans
must give covered individuals an initial general notice informing
them of their rights under COBRA and describing the law. Plan
administrators are required to provide specific notices when
certain events occur. In most instances of employee death,
termination, reduced hours of employment, entitlement to
Medicare, or bankruptcy, it becomes the employer's
responsibility to provide a specific notice to the plan
administrator.
The Department has limited regulatory and interpretative
jurisdiction over COBRA provisions. Its responsibility includes
the COBRA notification and disclosure provisions.
Jurisdiction of the Internal Revenue Service
The IRS has regulatory and interpretative responsibility for all
provisions of COBRA not under DOL's jurisdiction. (See IRS
proposed regulations in the Federal Register of June 14, 1987
(52 FR 22716).) In addition, ERISA provisions relating to
participation, vesting, funding and benefit accrual, contained in
parts 2 and 3 of Title I, are generally administered and
interpreted by the Internal Revenue Service.
Assistance Available
PWBA has numerous general publications designed to assist
employers and employees in understanding their obligations and
rights under ERISA. Publications -- a listing of PWBA booklets
and pamphlets -- is available by writing to: Publications Desk,
PWBA, Division of Public Affairs, Room N-5511, 200
Constitution Ave., NW, Washington, DC 20210.
In addition, employee benefit plan documents and other
materials are available from the PWBA Public Disclosure Room.
This facility may be used to view and to obtain copies of
materials on file. Materials include: summary plan descriptions,
Form 5500 Series reports, Master Trust reports, 103-12
Investment Entity Reports, Common or Collective Trust or Pooled
Separate Account direct filings, Apprentice and Other Training
Plans notices, "Top Hat" plan statements, advisory opinions,
announcements and transcripts of public hearings and
proceedings.
The PWBA Public Disclosure Room is open to the public
Monday through Friday, from 8:30 a.m. to 4:30 p.m. Copies of
materials are available at a cost of 15 cents per page by
ordering in person or writing to: PWBA Public Disclosure Room,
U.S. Department of Labor, Room N-5507, 200 Constitution Ave.,
NW, Washington, DC 20210. Given the complexity of ERISA
requirements, employers may seek the assistance of an
attorney, CPA firm, investment or brokerage firm, and other
employee benefit consultants in complying with the law.
Penalties
PWBA has authority to assess civil penalties for reporting
violations and prohibited transactions involving a plan under
ERISA Section 502(c). A penalty of up to $1,000 per day may be
assessed against plan administrators who fail to or refuse to
comply with annual reporting requirements. Section 502(i) gives
the agency authority to assess civil penalties against parties in
interest who engage in prohibited transactions with welfare and
nonqualified pension plans. The penalty can range from five
percent to 100 percent of the amount involved in a transaction. A
parallel provision of the Code directly imposes an excise tax
against disqualified persons, including employee benefit plan
sponsors and service providers, who engage in prohibited
transactions with tax-qualified pension and profit sharing plans.
Finally, the Department is required under Section 502(l) to
assess mandatory civil penalties equal to 20 percent of any
amount recovered with respect to fiduciary breaches resulting
from either a settlement agreement with the Department or a
court order as the result of a lawsuit by the Department.
Relation to State, Local and Other Federal Laws
Part 5 of Title I provides that the provisions of ERISA Titles I
and IV supersede state and local laws which "relate to" an
employee benefit plan. ERISA, however, saves certain state and
local laws from ERISA preemption, including certain exceptions
for state insurance regulation of multiple employer welfare
arrangements (MEWAs). MEWAs generally constitute employee
welfare benefit plans or other arrangements providing welfare
benefits to employees of more than one employer, not pursuant
to a collective bargaining agreement.
In addition, ERISA's general prohibitions against assignment or
alienation of pension benefits does not apply to qualified
domestic relations orders. These orders must be made pursuant
to state domestic relations law and award all or part of a
participant's benefit in the form of child support, alimony, or
marital property rights to an alternative payee (spouse, former
spouse, child or other dependent). Plan administrators must
comply with the terms of such orders.
6. WHISTLEBLOWER PROTECTION
Employee Protection (Whistleblower) Provisions -- Clean Air Act
(Title 42 U.S. Code, Section 7622); Comprehensive
Environmental Response, Compensation and Liability Act (Title
42 U.S. Code, Section 9610); Energy Reorganization Act of
1974 (Title 42 U.S. Code, Section 5851); Safe Drinking Water
Act (Title 42 U.S. Code, Section 300j-9(i)); Solid Waste
Disposal Act (Title 42 U.S. Code, Section 6971); Toxic
Substances Control Act (Title 15 U.S. Code, Section 2622);
Federal Water Pollution Control Act (Title 33 U.S. Code, Section
1367); 29 CFR 24).
Who is covered
These environmental Acts provide protection from discharge or
other discriminatory actions by employers in retaliation for
employees' good faith complaints about safety and health
hazards in the workplace. The Acts cover all private sector
employers.
Basic Provisions/Requirements
The employee protection provisions of these Acts prohibit
employers from discharging or otherwise discriminating against
employees in retaliation for their disclosure of safety and health
hazards to the employer or to the appropriate federal agency.
They also protect employee participation in formal government
proceedings in connection with safety and health hazards. The
Acts specifically exclude from protection the disclosure of
hazards deliberately caused by an employee. Additionally, the
statutes do not protect "frivolous" complaints. Employees have
the right under the Acts to refuse to work in hazardous or unsafe
situations.
Employees who believe they have been discriminated against in
violation of these protective provisions may file a complaint,
within 30 days of the alleged violation, with the Employment
Standards Administration's Wage and Hour Division.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Upon receipt of a complaint, the Wage and Hour Division
conducts an investigation to determine whether a violation has
occurred. When a violation has occurred, the employer is notified
of the violation determination and efforts are made to conciliate
the situation. The employer may appeal a violation determination
to an administrative law judge, if done within 5 calendar days of
the notification of the determination. The administrative law
judge's decision is referred to the Secretary of Labor for a final
order. The Secretary may affirm or set aside the administrative
law judge's decision. Where the Secretary concludes that a
violation has occurred, his/her final order may instruct the
employer to take affirmative action to abate the violation and
provide for appropriate relief, which may include restoration of
back pay, employment status and benefits. The Secretary may
also order the employer to provide compensatory damages to
the employee. If dissatisfied with the Secretary's decision, the
employer may appeal in federal court. Final determinations on
violations are enforceable through the courts. The employee is
entitled to similar appeal rights under the Acts.
Relation to State, Local and Other Federal Laws
The current whistleblower programs do not preempt existing
state statutes and common law claims. All provisions contained
in the programs are in addition to protection provided by state laws.
7. VETERANS
Veterans' Reemployment Rights Act (VRR).
Who is Covered
VRR applies to persons who are inducted into the Armed
Forces, to persons who volunteer directly for active duty and to
Reservists and members of the National Guard who are called to
active duty either voluntarily or involuntarily. In addition, VRR
covers members of the Reserves and National Guard during
initial active duty training, active duty for training and inactive duty
training.
Basic Provisions/Requirements
Veterans returning from active duty must meet the following five
eligibility requirements to be covered by VRR:
Held an "other than temporary" (not necessarily "permanent") civilian
job
Left the civilian job for the purpose of going on active duty
Did not remain on active duty longer than 4 years, unless the
period beyond 4 years (up to an additional year) was "at the
request and for convenience of the Federal Government"
Was discharged or released from active duty "under honorable
conditions"
Applied for reemployment with the pre-service employer or
successor in interest within 90 days after separation from active
duty Eligible veterans are entitled to reinstatement within a
reasonable time to a position of like seniority, status and pay. In
addition, the returning veterans do not step back on the seniority
escalator at the point they stepped off. Rather the veterans step
back on at the precise point that they would have occupied had
they kept the position continuously during the military service.
VRR provides that a reservist or member of the National Guard
shall upon request be granted a leave of absence by such
person's employer to perform active duty training or inactive duty
training and that the employee shall not be denied retention in
employment or any promotion or other incident or advantage of
employment because of any obligation as a member of a
Reserve component of the Armed Forces. In addition, while the
employer is not required to pay the Reservist or National Guard
member for the hours or days not worked because of military
training obligations, it is unlawful to require the employee to use
earned vacation time for military training.
A person who leaves a civilian job in order to perform active duty
is not required to request a leave of absence or even to notify the
employer that military service is the reason for leaving the job,
although such a person is encouraged to provide the employer
with as much information as possible. However, a Reservist or
member of the National Guard must request a leave of absence
when leavin g thecivilian job to perform active duty training or
inactive duty training.
VRR is enforced by DOL's Veterans' Employment and Training
Service (VETS).
Assistance Available
VETS has published two fact sheets covering the veteran
reemployment and job rights. These are OASVET 90-09 entitled
"Job Rights for Reservists and Members of the National Guard"
and OAVET 90-10 entitled "Reemployment Rights for Returning
Veterans." Copies of these and other VETS' publications or
answers to questions on VRR may be obtained from the nearest
VETS office, as listed beginning on page 67 in the appendix.
Penalties
Not Applicable.
Relation to State, Local and Other Federal Laws
The VRR does not preempt state laws providing greater or
additional rights, but it does preempt state laws providing lesser
rights or imposing additional eligibility criteria.
8. PLANT CLOSINGS AND MASS LAYOFFS
Worker Adjustment and Retraining Notification (WARN) Act, 29
U.S.C. 2101 et seq.; 20 CFR Part 639.
Who is Covered
In general, employers are covered by WARN if they have 100 or
more employees, not counting employees who have worked less
than 6 months in the last 12 months and not counting employees
who work an average of less than 20 hours a week. Regular
federal, state and local government entities which provide public
services are not covered. Employees entitled to notice under
WARN include hourly and salaried workers, as well as
managerial and supervisory employees.
Basic Provisions/Requirements
WARN requires employers to provide notice 60 days in advance
of covered plant closings and covered mass layoffs. This notice
must be provided to affected workers or their representatives
(e.g., a labor union), to the state dislocated worker unit, and to
the appropriate local government.
A covered plant closing occurs when a facility or operating unit is
shut down for more than 6 months, and 50 or more workers lose
their jobs as a result during a 30-day period. A covered mass
layoff occurs when a layoff of 6 months or longer affects 500 or
more workers, or 33 percent or more of the employer's workforce
when the layoffs affect between 50 and 499 workers. The number
of affected workers is the total number laid off during a 30-, or in
some cases 90-, day period.
WARN does not apply to the closing of temporary facilities, or
the completion of an activity when the workers were hired only for
the duration of that activity. WARN also provides for less than 60
days notice when the layoffs were the result of the closing a
faltering company, unforeseeable business circumstances, or a
natural disaster.
Assistance Available
The Department of Labor has published a pamphlet entitled "A
Guide to Advance Notice of Closings and Layoffs," which
describes the Worker Adjustment and Retraining Notification
Act. Requests for copies of the pamphlet, or general questions
on the regulations, may be addressed to:
U.S. Department of Labor
Employment and Training Administration
Office of Work-Based Learning
Room N-4469
200 Constitution Avenue, N.W. Washington, DC 20210
(202) 219-5577 (not a toll-free number)
The Department, since it does not have administrative or
enforcement authority under WARN, cannot provide specific
advice or guidance with respect to individual situations.
Penalties
An employer who violates the WARN provisions is liable to each
employee for an amount equal to back pay and benefits for the
period of the violation, up to 60 days. This may be reduced by
the period of any notice that was given, and any voluntary
payments made by the employer to the employee.
An employer who fails to provide the required notice to the unit of
local government is subject to a civil penalty not to exceed $500
for each day of violation. This may be avoided if the employer
satisfies the liability to each employee within 3 weeks after the
closing or layoff.
Enforcement of WARN requirements is through the United States
district courts. Workers, or their representatives, and units of
local government may bring individual or class action suits. The
Court may allow reasonable attorney's fees as part of any final
judgement.
Relation to State, Local and Other Federal Laws
WARN is in addition to, and does not preempt any other federal,
state or local law, or any employer/employee agreement which
requires other notification or benefit.
9. LIE DETECTOR TESTS
Employee Polygraph Protection Act of 1988 (29 U.S. Code,
Section 2001 et seq.; 29 CFR Part 801).
Who is Covered
The Employee Polygraph Protection Act (EPPA) applies to most
private employers. Federal, state and local governments are not
covered by the law.
Basic Provisions/Requirements
The EPPA prohibits most private employers from using lie
detector tests either for pre-employment screening or during the
course of employment.
Employers are generally prohibited from requiring or requesting
any employee or job applicant to take a lie detector test, and
from discharging, disciplining, or discriminating against an
employee or prospective employee for refusing to take a test or
for exercising other rights under the Act. Employers may not use
or inquire about the results of a lie detector test or discharge or
discriminate against an employee, a prospective employee, or a
former employee for refusal to take a test, on the basis of the
results of a test, or for filing a complaint, or participating in a
proceeding under the Act.
The Act permits polygraph (a type of lie detector) tests to be
administered, subject to restrictions, to certain prospective
employees of security service firms (armored car, alarm, and
guard), and of pharmaceutical manufacturers, distributors and
dispensers.
The Act also permits polygraph testing, subject to restrictions, of
certain employees of private firms who are reasonably
suspected of involvement in a workplace incident (theft,
embezzlement, etc.) that resulted in specific economic loss or
injury to the employer. Where polygraph examinations are
permitted, they are subject to strict standards concerning the
conduct of the test, including the pretest, testing and post-testing
phases. An examiner must also be licensed and bonded or have
professional liability coverage. The Act strictly limits the
disclosure of information obtained during a polygraph test.
Assistance Available
The Act is administered and enforced by the Employment
Standards Administration's Wage and Hour Division. More
detailed information, including copies of explanatory brochures
and regulatory and interpretative materials, may be obtained by
contacting the offices listed beginning on page 53 in the
appendix.
Penalties
The Secretary of Labor can bring court action to restrain violators
and assess civil money penalties up to $10,000 per violation
against violators. Employers who violate the law may be liable to
the employee or prospective employee for legal and equitable
relief, including employment, reinstatement, promotion and
payment of lost wages and benefits. Any person against whom a
civil money penalty is assessed may, within 30 days of the notice
of assessment, request a hearing before an administrative law
judge. If dissatisfied with the administrative law judge's decision,
such person may request a review of the decision by the
Secretary of Labor. Final determinations on violations are
enforceable through the courts.
Relation to State, Local and Other Federal Laws
The law does not preempt any provision of any state or local law
or any collective bargaining agreement which is more restrictive
with respect to lie detector tests.
10. WAGE GARNISHMENT
Title III, Consumer Credit Protection Act (15 U.S. Code, Sections
1671 et seq; 29 CFR 870).
Who is Covered
Title III of the Consumer Credit Protection Act (CCPA) protects
employees from being discharged by their employers because
of garnishment for any one indebtedness and limits the amount
of employees' earnings which may be garnished in any one
week. Title III applies to all individuals who receive personal
earnings and to their employers. Personal earnings include
wages, salaries, commissions, bonuses and income from a
pension or retirement program but does not ordinarily include
tips. The law applies in all 50 states, the District of Columbia,
Puerto Rico and all U.S. territories and possessions.
Basic Provisions/Requirements
Wage garnishment is a legal procedure through which the
earnings of an individual are required by court order to be
withheld by an employer for the payment of a debt. Title III
prohibits an employer from discharging an employee whose
earnings have been subject to garnishment for any one debt,
regardless of the number of levies made or proceedings brought
to collect it. It does not, however, protect an employee from
discharge if the employee's earnings have been subject to
garnishment for a second or subsequent debts.
Title III also protects employees by limiting the amount of their
earnings that may be garnished in any workweek or pay period
to the lesser of 25 percent of disposable earnings or the amount
by which disposable earnings are greater than 30 times the
federal minimum hourly wage prescribed by section 6(a)(1) of
the Fair Labor Standards Act of 1938. This limit applies
regardless of the number of garnishment orders received by an
employer. The federal minimum wage is $4.25 per hour.
In court orders for child support or alimony, Title III allows up
to 50 percent of an employee's disposable earnings to be
garnished if the employee is supporting another spouse or child,
and up to 60 percent for an employee who is not. An additional 5
percent may be garnished for support payments which are more
than 12 weeks in arrears.
"Disposable earnings" is the amount of employee earnings left
after legally required deductions have been made for federal,
state and local taxes, Social Security, unemployment insurance
and state employee retirement systems. Other deductions which
are not required by law, e.g., union dues, health and life
insurance, and charitable contributions, are not subtracted from
gross earnings when calculating the amount of disposable
earnings for garnishment purposes.
Title III specifies that garnishment restrictions do not apply to
bankruptcy court orders and debts due for federal and state
taxes. Nor does it affect voluntary wage assignments, i.e.,
situations in which workers voluntarily agree that their employers
may turn over some specified amount of their earnings to a
creditor or creditors.
Assistance Available
Title III is administered and enforced by the Employment
Standards Administration's Wage and Hour Division. More
detailed information, including copies of explanatory brochures
and regulatory and interpretative materials, may be obtained by
contacting the offices listed beginning on page 53 in the
appendix.
Penalties
Violations of Title III may result in the reinstatement of a
discharged employee, with back pay, and the correction of
improper garnishment amounts. Where violations cannot be
resolved through informal means, court action may be initiated to
restrain and remedy violations. Employers who willfully violate the
discharge provisions of the law may be prosecuted criminally
and fined up to $1,000, or imprisoned for not more than one
year, or both.
Relation to State, Local and Other Federal Laws
If a state wage garnishment law differs from Title III, the law
resulting in the smaller garnishment, or prohibiting the discharge
of any employee because his or her earnings have been subject
to garnishment for more than one indebtedness must be
observed.
APPENDIX
Wage and Hour Division
National Office
Office of Program Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3028
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-8353
Division of Farm Labor, Child Labor, and Polygraph Standards
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3510
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-4670
Division of Contract Standards Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3018
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-7541
Division of Fair Labor Standards Act Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3516
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-1407
Division of Wage Determinations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3014
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-7531
Regional Administrators
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 750
201 Varick St.
New York, New York 10014
(212) 337-2000
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 662
1375 Peachtree St., N.E.
Atlanta, Georgia 30367
(404) 347-4801
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Building, S. 800
525 S. Griffin St.
Dallas, Texas 75202
(214) 767-6894
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Office Building
1801 California St., S. 930
Denver, Colorado 80202-2614
(303) 391-6780
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
1111 Third Ave., S. 600
Seattle, Washington 98101
(206) 553-1914
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
One Congress St., 11th Fl.
Boston, Massachusetts 02114
(617) 565-2066
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 15230
Gateway Building
3535 Market St.
Philadelphia, Pennsylvania 19104
(215) 596-1185
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 820
230 South Dearborn St.
Chicago, Illinois 60604
(312) 353-7280
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Office Building, Room 2000
911 Walnut St.
Kansas City, Missouri 64106
(816) 426-5381
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, S. 930
71 Stevenson St.
San Francisco, California 94105
(415) 744-6645
Office of Federal Contract Compliance Programs
OFCCP/ESA
U.S. Department of Labor
200 Constitution Ave., N.W.
Washington, DC 20210
(202) 219-9475
OFCCP/ESA
U.S. Department of Labor
One Congress St., 11th Fl.
Boston, MA 02114
(617) 565-2055
OFCCP/ESA
U.S. Department of Labor
201 Varick St., Room 750
New York, NY 10014
(212) 337-2006
OFCCP/ESA
U.S. Department of Labor
Gateway Building, Room 15340
3535 Market St.
Philadelphia, PA 19104
(215) 596-6168
OFCCP/ESA
U.S. Department of Labor, S. 678
1375 Peachtree St., N.E.
Atlanta, GA 30367
(404) 347-3200
OFCCP/ESA
U.S. Department of Labor
New Federal Building, Room 570
230 South Dearborn St.
Chicago, IL 60604
(312) 353-0335
OFCCP/ESA
U.S. Department of Labor
Federal Building, Room 840
525 South Griffin St.
Dallas, TX 75202
(214) 767-4771
OFCCP/ESA
U.S. Department of Labor
911 Walnut St., Room 2011
Kansas City, MO 64106
(816) 426-5384
OFCCP/ESA
U.S. Department of Labor
Federal Office Building, S. 935
1801 California St.
Denver, CO 80202
(303) 844-5011
OFCCP/ESA
U.S. Department of Labor
71 Stevenson St., S. 910
San Francisco, CA 94105
(415) 744-6640
OFCCP/ESA
U.S. Department of Labor, S. 610
1111 Third Ave.
Seattle, WA 98101
(206) 553-4508
Occupational Safety and Health Administration
State Program Offices
Alaska Department of Labor
1111 West 8th St., Room 306
Juneau, AK 99802
(907) 465-2700
Industrial Comm. of Arizona
800 W. Washington
Phoenix, AZ 85007
(602) 542-5795
California Dept. of Industrial Relations
455 Golden Gate Ave., 4th Fl.
San Francisco, CA 94102
(415) 703-4590
Connecticut Dept. of Labor
200 Folly Brook Blvd.
Wethersfield, CT 06109
(203) 566-5123
Hawaii Dept. of Labor and Industrial Relations
830 Punchbowl St.
Honolulu, HI 96813
(808) 586-8844
Indiana Dept. of Labor
State Office Bldg., Room W-195
402 West Washington St.
Indianapolis, IN 46204
(317) 232-2378
Iowa Div. of Labor Services
1000 E. Grand Ave.
Des Moines, IA 50319
(515) 281-3447
Kentucky Labor Cabinet
1049 US Highway 127 South
Frankfort, KY 40601
(502) 564-3070
Maryland Div. of Labor and Industry
Dept of Licensing and Regs
501 St. Paul Pl., 2nd Fl.
Baltimore, MD 21202
(301) 333-4179
Michigan Dept. of Labor
P.O. Box 30015
Victor Office Center
201 N. Washington Square
Lansing, MI 48933
(517) 373-9600
Michigan Dept. of Public Health
P.O. Box 30195
3423 N. Logan St.
Lansing, MI 48909
(517) 335-8022
Minnesota Dept. of Labor and Industry
443 Lafayette Rd.
St. Paul, MN 55155
(612) 296-2342
Nevada Department of Industrial Relations
Division of Occupational Safety and Health
Capitol Complex
1370 S. Curry St.
Carson City, NV 89710
(702) 687-3032
New Mexico Environment Dept.
Occupational Health and Safety Bureau
P.O. Box 26110
1190 St. Francis Dr.
Santa Fe, NM 87502
(505) 827-2850
New York Dept. of Labor
State Office Building
Campus 12, Room 457
Albany, NY 12240
(518) 457-2741
North Carolina Dept. of Labor
4 W. Edenton St.
Raleigh, NC 27601
(919) 733-0360
Oregon Occupational Safety and Health Div.
Dept. of Insurance and Finance, Room 160
21 Labor and Industry Bldg.
Summer and Chemekita Sts., N.E.
Salem, OR 97310
(503) 378-3272
Puerto Rico Dept. of Labor and Human Resources
505 Munoz Rivera Ave.
Hato Rey, PR 00918
(809) 754-2119
South Carolina Dept. of Labor
P.O. Box 11329
3600 Forest Dr.
Columbia, SC 29211
(803) 734-9594
Tennessee Dept. of Labor
501 Union Bldg, 2nd Fl., S. "A"
Nashville, TN 37243
(615) 741-2582
Utah Occupational Safety and Health
160 E. 300 South
P.O. Box 5800
Salt Lake City, UT 84110
(801) 530-6900
Vermont Dept. of Labor and Industry
120 State St.
Montpelier, VT 05620
(802) 828-2288
Virgin Islands Dept. of Labor
2131 Hospital St.
Christiansted, St Croix VI 00840
(809) 773-1994
Virginia Dept. of Labor and Industry
Powers-Taylor Bldg.
13 S. 13th St.
Richmond, VA 23219
(804) 786-2376
Washington Dept. of Labor and Industries
P.O. Box 44001
Olympia, WA 98504
(206) 956-4200
Wyoming Dept. of Employment
Occupational Health and Safety Administration
Herschler Bldg, 2nd Fl. East
122 West 25th St
Cheyenne, WY 82002
(307) 777-7672
Regional OSHA Offices
Region I (CT**, MA, ME, NH, RI, VT*)
133 Portland St., 1st Fl.
Boston, MA 02114
(617) 565-7164
Region II (NJ, NY**, PR*, VI*)
201 Varick St., Room 670
New York, NY 10014
(212) 337-2378
Region III (DC, DE, MD*, PA, VA*, WV)
3535 Market St., S. 2100
Philadelphia, PA 19104
(215) 596-1201
Region IV (AL, FL, GA, KY*, MS, NC*, SC*, TN*)
1375 Peachtree St., N.E., Room 587
Atlanta, GA 30367
(404) 347-3573
Region V (IL, IN*, MI*, MN*, OH, WI)
230 S. Dearborn St., Room 3244
Chicago, IL 60604
(312) 353-2220
Region VI (AR, LA, NM*, OK, TX)
525 Griffin St, Room 602
Dallas, TX 75202
(214) 767-4731
Region VII (IA*, KS, MO, NE)
911 Walnut St., Room 406
Kansas City, MO 64106
(816) 426-5861
Region VIII (CO, MT, ND, SD, UT*, WY*)
1961 Stout St., Room 1576
Denver, CO 80294
(303) 844-3061
Region IX (American Samoa, AZ*, CA*, Guam, HI*, NV*, Pacific
Trust Territories)
71 Stevenson St., 4th Flr.
San Francisco, CA 94105
(415) 744-6670
Region X (AK*, ID, OR*, WA*)
1111 Third Ave., Room 715
Seattle, WA 98101-3212
(206) 553-5930
*State operates an OSHA-approved program in both the public
and private sectors.
**State operates a public employee-only program (NY & CT).
Office of Labor-Management Standards
OLMS
S. 600
1365 Peachtree St., NE
Atlanta, GA 30367
(404) 347-4237
OLMS
S. 302
121 High St.
Boston, MA 02110
(617) 565-8130
OLMS
S. 774
Federal Office Building
230 S. Dearborn St.
Chicago, IL 60604
(312) 353-7264
OLMS
S. 831
Federal Office Building
1240 East 9th St.
Cleveland, OH 44199
(216) 522-3855
OLMS
S. 300
525 Griffin Square Bldg.
Griffin and Young Streets
Dallas, TX 75202
(214) 767-6834
OLMS
S. 1606
Federal Office Building
Kansas City, MO 64106
(816) 426-2547
OLMS
S. 878
201 Varick St.
New York, NY 10014
(212) 337-2580
OLMS
S. 9452
William Green Federal Building
600 Arch St.
Philadelphia, PA 19106
(215) 597-4960
OLMS
S. 725
71 Stevenson St.
San Francisco, CA 94105
(415) 744-6669
OLMS
S. 558
Ridell Building
1730 K St., N.W.
Washington, DC 20006
(202) 254-6510
Veterans Employment and Training Service
MONTGOMERY, ALABAMA 36130
649 Monroe St.
(205) 223-7677
JUNEAU, ALASKA 99802
1111 West 8th St.
(907) 465-2723
PHOENIX, ARIZONA 85005
1300 West Washington
(602) 261-4961
LITTLE ROCK, ARKANSAS 72201
Employment Security Bldg.
State Capitol Mall, Rm. G-12
(501) 682-3786
SACRAMENTO, CALIFORNIA 94280
P. O. Box 942880
800 Capitol Mall, Room W1142
(916) 654-8178
SAN FRANCISCO, CALIFORNIA 94105
71 Stevenson St., S. 705
(415) 744-6677
DENVER, COLORADO 80203
600 Grant St., S. 900
(303) 866-1114
WETHERSFIELD, CONNECTICUT 06109
CT Department of Labor Building
200 Folly Brook Boulevard
(203) 566-3326
NEWARK, DELAWARE 19702
Stockton Building, Room 104
100 Chapman Rd.
(302) 368-6898
WASHINGTON, D.C. 20001
500 C St., N.W., Room 108
(202) 727-3342
TALLAHASSEE, FLORIDA 32399
S. 102, Atkins Building
1320 Executive Center Dr.
(904) 488-2967
ATLANTA, GEORGIA 30303
Sussex Place, S. 504
148 International Blvd, N.E.
(404) 656-3127
HONOLULU, HAWAII 96813
830 Punchbowl St.
Room 232A
(808) 541-1780
BOISE, IDAHO 83735
317 Main St., Room 303
(208) 334-6164 or 6163
CHICAGO, ILLINOIS 60605
401 South State St., 2 North
(312) 793-3433
INDIANAPOLIS, INDIANA 46204
10 North Senate Ave., Room 203
(317) 232-6804
DES MOINES, IOWA 50319
1000 East Grand Ave.
(515) 281-5106
TOPEKA, KANSAS 66612
1309 Topeka Boulevard
(913) 296-5032
FRANKFORT, KENTUCKY 40621
c/o Department for Employment Services
275 East Main St.
(502) 564-7062
BATON ROUGE, LOUISIANA 70804
Louisiana DOL
Employment Security Bldg.
Room 174, 1001 N. 23rd St.
(504) 342-5691
LEWISTON, MAINE 04243
522 Lisbon St.
(207) 783-5352
BALTIMORE, MARYLAND 21201
1100 North Eutaw St.
Room 205
(410) 333-5194
BOSTON, MASSACHUSETTS 02203
Room 506, JFK Federal Building
(617) 565-2081
DETROIT, MICHIGAN 48202
7310 Woodward Ave.
S. 407
(313) 876-5613, 5614, or 5615
ST. PAUL, MINNESOTA 55101
390 North Robert, 1st Fl.
(612) 296-3665
JACKSON, MISSISSIPPI 39215
1520 West Capitol St.
(601) 961-7588
JEFFERSON CITY, MISSOURI 65104
421 East Dunklin St.
(314) 751-9231
HELENA, MONTANA 59624
515 North Sanders
(406) 449-5431
LINCOLN, NEBRASKA 68509
550 South 16th St.
(402) 437-5289
CARSON CITY, NEVADA 89710
500 East Third St.
(702) 885-4632
CONCORD, NEW HAMPSHIRE 03301
55 Pleasant St., Room 325
(603) 225-1424 or 235-1425
TRENTON, NEW JERSEY 08609
28 Yard Ave., Room 200
(609) 292-2930
ALBUQUERQUE, NEW MEXICO 87108
1st National Bank Building, East
5301 Central, N.E., Room 1214
(505) 841-4592
ALBANY, NEW YORK 12240
Harriman State Campus
Building 12, Room 518
(518) 457-7465
RALEIGH, NORTH CAROLINA 27605
700 Wade Ave.
(919) 733-7402
BISMARCK, NORTH DAKOTA 58501
1000 Divide Ave.
(701) 224-2865
CLEVELAND, OHIO 44115
2728 Euclid Ave., 2nd Fl.
(216) 622-3084
COLUMBUS, OHIO 43216
OBES Building
145 South Front St.
(614) 466-2768
OKLAHOMA CITY, OKLAHOMA 73105
Will Rogers Memorial Office Building, Room 301
(405) 557-7189
SALEM, OREGON 97311
312 Employment Division Building
875 Union St., N.E.
(503) 378-3338
HARRISBURG, PENNSYLVANIA 17121
Labor and Industry Building
Room 625
Seventh and Forster Streets
(717) 787-5834
HATO REY, PUERTO RICO 00918
Puerto Rico Department of Labor and Human Resources
Building 505 Munoz Rivera Ave.
15th Fl.
(809) 754-5391
PROVIDENCE, RHODE ISLAND 02903
507 Federal Building and Courthouse
(401) 528-5134
COLUMBIA, SOUTH CAROLINA 29201
914 Richland St., S. 101
(803) 253-7649
ABERDEEN, SOUTH DAKOTA 57402
420 South Roosevelt
P. O. Box 4730
(605) 226-7289
NASHVILLE, TENNESSEE 37201
301 James Robertson Parkway
Room 317
(615) 741-2135
AUSTIN, TEXAS 78701
TEC Building, Room 516-B
Trinity and 12th St.
(512) 463-2207
SALT LAKE CITY, UTAH 84111
140 E. 300 South
(801) 524-5703 or 524-5704
MONTPELIER, VERMONT 05602
Post Office Building
87 State St., Room 303
(802) 828-4441 or 828-4437
RICHMOND, VIRGINIA 23219
701 East Franklin St., S. 1409
(804) 786-7269
LACEY, WASHINGTON 98503
605 Woodview Dr., S.E.
(206) 438-4600
CHARLESTON, WEST VIRGINIA 25305
112 California Ave., Room 212
Capitol Complex
(304) 348-4001 or 347-5290
MADISON, WISCONSIN 53701
GEF I, 201 E. Washington Ave.
Room 250
(608) 266-3110
CASPER, WYOMING 82602
100 West Midwest Ave.
(307) 235-3281 or 235-3282
Mine Safety and Health Administration
Coal Mining
MSHA District 1 Office
Penn Place
20 N. Pennsylvania Ave.
Wilkes-Barre, PA 18701.
(717) 826-6321
MSHA District 2 Office
R.R. 1, Box 736
Hunker, PA 15639
(412) 925-5150
MSHA District 5 Office
P.O. Box 560
Norton, VA 24273
(703) 679-0230
MSHA District 8 Office
501 Busseron St.
Vincennes, IN 47591
(812) 882-7617
MSHA District 3 Office
5012 Mountaineer Mall
Morgantown, WV 26505
(304) 291-4277
MSHA District 4 Office
100 Bluestone Rd.
Mt. Hope, WV 25880
(304) 877-3900
MSHA District 6 Office
219 Ratliff Creek Rd.
Pikeville, KY 41501
(606) 432-0943
MSHA District 7 Office
HC 66, Box 1762
Barbourville, KY 40906
(606) 546-5123
MSHA District 10 Office
100 YMCA Dr.
Madisonville, KY 42431
(502) 821-4180
MSHA District 9 Office
P.O. Box 25367
Denver, CO 80225
(303) 231-5468
Metal and Nonmetal Mining
MSHA Northeastern District Office
230 Executive Dr.
Mars, PA 16046
(412) 772-2333
MSHA Southeastern District Office
35 Gemini Circle, S. 212
Birmingham, AL 35209
(205) 290-7294
MSHA North Central District Office
515 W. First St.
No. 228
Duluth, MN 55802
(218) 720-5448
MSHA South Central District Office
1100 Commerce St., Room 4650
Dallas, TX 75242
(214) 767-8401
MSHA Rocky Mountain District Office
P.O. Box 25367
Denver, CO 80225
(303) 231-5465
MSHA Western District Office
3333 Vaca Valley Parkway, S. 600
Vacaville, CA 95688
(707) 447-9844
Longshore and Harbor Workers
OWCP/DLHWC
U.S. Department of Labor, ESA
Room C-4315
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-8572
District NO. 1 (MA, ME, NH, VT, RI, and CT)
OWCP/DLHWC
U.S. Department of Labor, ESA
One Congress St., 11th Fl.
Boston, MA 02114
(617) 565-2103
District NO. 2 (NY, NJ, and Puerto Rico)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 249
201 Varick St., Room 750
New York, NY 10014
(212) 337-2033
District NO. 3 (PA, DE, and WV)
OWCP,DLHWC
U.S. Department of Labor, ESA
P.O. Box 7336
Gateway Building, Room 13180
3535 Market St.
Philadelphia, PA 19104
(215) 596-5570
District NO. 7 (LA and AR)
OWCP/DLHWC
U.S. Department of Labor, ESA
Room 13032
701 Loyola Ave.
New Orleans, LA 70113
(504) 589-3664
District NO. 8 (TX, OK, and NM)
OWCP/DLHWC
U.S. Department of Labor, ESA
One South Green Building, Room 105
12600 N. Featherwood Dr.
Houston, TX 77034
(713) 481-9750
District No. 10 (IL, IN, IA, KS, MI, MN, MO, NE, OH, and WI)
OWCP/DLHWC
U.S. Department of Labor, ESA
Room 800
230 South Dearborn St.
Chicago, IL 60604
(312) 353-8883
District NO. 18 (That part of the State of California south of the
northern boundaries of the counties of San Luis Obispo, Kern,
and San Bernardino)
OWCP/DLHWC
U.S. Department of Labor, ESA
S. 720
401 E. Ocean Boulevard
Long Beach, CA 90802
(213) 514-6226
District NO. 40 (Processes cases under the District of Columbia
Workmen's Compensation Act of 1928)
Labor Standards
D.C. Department of Employment Services
1200 Upshur St., N.W.
Washington, DC 20011
(202) 576-6265
District NO. 4 (MD and DC)
OWCP/DLHWC
U.S. Department of Labor, ESA
Federal Building, Room 1026
31 Hopkins Plaza
Baltimore, MD 21201
(410) 962-3677
District NO. 5 (VA)
OWCP/DLHWC
U.S. Department of Labor, ESA
Federal Building, Room 212
200 Granby Mall
Norfolk, VA 23510
(804) 441-3071
District NO. 6 (FL, NC, KY, TN, SC, GA, AL, and MS)
OWCP/DLHWC
U.S. Department of Labor, ESA
Edward Ball Building, Fl. 10
214 Hogan St.
Jacksonville, FL 32202
(904) 791-2881
District No. 13 (AZ NV, and that part of the State of California
north of the northern boundaries of the counties of San Luis
Obispo, Kern, and San Bernardino)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 3770
71 Stevenson St., Room 210
San Francisco, CA 94119
(415) 744-6869
District NO. 14 (AK, CO, ID, MT, ND, SD, OR, UT, WA, and WY)
OWCP/DLHWC
U.S. Department of Labor, ESA
1111 3rd. Ave., S. 620
Seattle, WA 98101
(206) 442-4471
Dallas Office
OWCP
U.S. Department of Labor, ESA
Griffin Square Building, Room 407
525 Griffin Square
Dallas, TX 75202
(214) 767-4712
District NO. 15 (Hawaii)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 50209, Room 5108
300 Ala Moana Boulevard
Honolulu, HI 96850
(808) 551-1983
_
