U.S. Labor and Employment Laws

The U.S. Labor laws are an amalgamation of various state and federal laws designed to protect the rights of employees.  The federal labor laws usually deal with employer and union relationships and employment laws typically deal with relationships between employers and employees. But the terms labor and employment laws are used interchangeably, and labor law is more commonly used.

There are certain federal laws which pre-empt or take precedence over state laws in certain areas, but in the area of labor laws, the federal and state laws compliment each other. For example, federal sets the standards that govern workers' rights to organize and overrides most state and local laws that attempt to regulate this area. Federal law also provides, albeit limited, rights for federal government employees. On the other hand, state laws and not the federal laws protect employees of state and local governments, agricultural workers or domestic employees. 

The labor laws get even more complex in the area of wages and working conditions.  The Fair Labor Standards Act of 1938 (29 USC 216 et seq.) regulates minimum wages and overtime pay for certain employees who work more than 40 hours in a work week.  Federal law establishes minimum wages and overtime rights for most workers in the private and public sectors; state and local laws may provide more expansive rights, Similarly, federal law provides minimum workplace safety standards, but allows the states to take over those responsibilities and to provide more stringent standards.  Both federal and state laws protect workers from employment discrimination. In most areas these two bodies of law overlap; as an example, federal law permits state to enact their own statutes barring discrimination on the basis of race, gender, religion, national origin and age, so long as the state law does not provide less protections than federal law would.

Wages and Working Conditions

The Fair Labor Standards Act of 1938 (FLSA) is the federal law which establishes minimum wage and overtime rights for most private sector workers, with a number of exemptions and exceptions. Congress amended the Act in 1974 to cover governmental employees.  The FLSA does not preempt state and local governments from providing greater protections under their own laws.  A number of states have enacted higher minimum wages and extended their laws to cover workers who are excluded under the FLSA or to provide rights that federal law ignores.  The federal government, along with many state governments, likewise require employers to pay the prevailing wage, which typically reflects the standards established by unions' collective bargaining agreements in the area, to workers on public works projects.

The Employee Retirement Income Security Act (ERISA) establishes standards for the funding and operation of pension and health care plans provided by employers to their employees.  ERISA preempts most state legislation that attempts to regulate how such plans are administered and, to a great extent, what types of health care coverage they provide.  ERISA also preempts state law claims that an employer discriminated against employees in order to prevent them from obtaining the benefits they would have earned otherwise or to retaliate against them for asserting their rights.

In 1970, President Richard Nixon signed into law the Occupational Safety and Health Act (OSHA) to create specific standards for workplace safety.  The Act also provides for protection for "whistleblowers" who complain to governmental authorities about unsafe conditions while allowing workers the right to refuse to work under unsafe conditions in certain circumstances.  The Act allows states to take over the administration of OSHA in their jurisdictions, so long as they adopt state laws at least as protective of workers' rights as under federal law.

Employment Laws

Traditionally the employment law in the U.S. has been governed by the common law doctrine of "at-will employment."  At-will employment basically means that the employment relationship could be terminated by either party at any time for any reason or for no reason at all. At-will employment is still prevalent in most states, however, in 1941, a series of laws started to prohibit certain discriminatory firings.  That is, in most states, unless there is express contractual provision prohibiting it, an employer can still fire an employee for any reason or no reason, so long as it is not an illegal reason (e.g., firing based on race or religion or in violation of public policy).

As early as 1866, the U.S. Congress passed the Civil Rights Act of 1866 prohibiting racial discrimination by private employers.  But, the Supreme Court's decisions made the law a dead letter for almost a century.  In 1941, President Franklin D. Roosevelt signed the Executive Order 8802 (also known as the Fair Employment Act) to prohibit racial discrimination in the national defense industry.  It was the first federal law to promote equal opportunity and prohibit employment discrimination in the U.S.  Congress adopted limited prohibitions against racial discrimination by defense contractors during World War II, but no general prohibition against employment discrimination until it passed Title VII of the Civil Rights Act of 1964, which bars employment discrimination on the basis of race, gender, national origin and religion. Congress amended this Act in 1972 to cover governmental employers, again in 1981 to outlaw employment discrimination on the basis of pregnancy, and later again in the Civil Rights Act of 1991.  

The Civil Rights Act of 1991 was passed in response to a series of United States Supreme Court decisions limiting the rights of employees who had sued their employers for discrimination. The 1991 Act provided for the right to trial by jury on discrimination claims and introduced the possibility of emotional distress damages, while limiting the amount that a jury could award.  The 1991 Act combined elements from two different civil rights Acts of the past—the Civil Rights Act of 1866, better known by its code section as "Section 1981", and Title VII of the Civil Rights Act of 1964. The two Acts, passed nearly a century apart, addressed employment discrimination quite differently.  Section 1981 prohibited discrimination based only on race or color, while Title VII prohibited discrimination based on sex, religion and national origin.

In addition to the Civil Rights Act, Congress later enacted other Acts including Title I of the Americans with Disabilities Act of 1990 (ADA), the Family and Medical Leave Act of 1993 (FMLA), and numerous state laws with additional protections.  Cases of employment discrimination in the United States are most often subject to the jurisdiction of the Equal Employment Opportunity Commission (EEOC), the federal commission responsible for the enforcement of the anti-discrimination laws.  Congress has also protected the rights of workers over forty years of age in the Age Discrimination in Employment Act (ADEA), passed in 1967. The Immigration Reform and Control Act of 1986 also provided narrow prohibitions against certain types of employment discrimination based on immigration status.

Labor Unions and Organizing

In 1890, President Harrison signed the Sherman Antitrust Act into law. It provides: "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal".   The word "antitrust" was used because the Act was initially proposed to break up the Standard Oil trust. Although the Act was aimed at regulating businesses, however, it was used for many years as an anti-union tool, until that use was revoked in 1914 by the Clayton Antitrust Act.  Section 6 of the Clayton Antitrust Act  ended this practice by stipulating that unions shall not be "construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws."

In 1935, Congress enacted the National Labor Relations Act (NLRA) ("the Wagner Act") giving private sector workers the right to choose if they wanted to be represented by a union and established the National Labor Relations Board (NLRB).  The NLRA makes it illegal for employers to discriminate against workers because of their union membership or retaliate against them for engaging in organizing campaigns or other "concerted activities", to form "company unions", or to refuse to engage in collective bargaining with the union that represented their employees.

Passed in 1947, the Taft-Hartley Act, loosened some of the restrictions on employers, changed NLRB election procedures, and added a number of new limitations on unions. The Act, among other things, prohibits jurisdictional strikes and secondary boycotts by unions, and authorizes individual states to pass "right to work laws.”  It also regulates pension and other benefit plans established by unions and provides that federal courts have jurisdiction to enforce collective bargaining agreements.  The Congress later tightened those restrictions on unions in the Labor Management Reporting and Disclosure Act of 1959, which also regulates the internal affairs of all private sector unions, providing for minimum standards for unions' internal disciplinary proceedings, federal oversight for unions' elections of their own officers, and fiduciary standards for union officers' use of union funds.

Federal law does not provide employees of state and local governments with the right to organize or engage in union activities, except to the extent that the United States Constitution protects their rights to freedom of speech and freedom of association.  Furthermore, the NLRA does not cover agricultural or domestic employees.  A few states have enacted labor laws similar to the NLRA covering farm workers.  Finally, the NLRA does not cover employees in the railroad and airline industries.  Those workers are covered by the Railway Labor Act, first passed in 1926, then amended in 1936 to cover airline employees.

Job security

Federal and most of the state laws presume that employees who are not covered by a collective bargaining agreement or who do not have an employment contract are "at will" employees.  At will employees can be fired without notice and for any reason or no reason at all.  Antidiscrimination laws make it illegal for employers to terminate employees based on sex, race, religion or other protected grounds, such as engaging in organizing or whistleblowing activities. In addition, a number of states have modified the general rule that employment is at will by holding that employees may, under that state's common law, have implied contract rights to fair treatment by their employers.

Finally, The Worker Adjustment and Retraining Notification (WARN) Act, better known as the WARN Act, requires private sector employers to give sixty days' notice of large-scale layoffs and plant closures; it allows a number of exceptions for unforeseen emergencies and other cases. Several states have adopted more stringent requirements of their own.

FEDERAL LABOR LAW LINKS

Below is a list of links to the Federal Labor Laws.  Although, not all the laws listed below are per se labor or employment laws, however they contain provisions that affect certain aspects of employment. To research state employment and labor laws on the Web, start in State Labor Laws.  Also, see additional labor and employment law resources here.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

A

Aviation and Transportation Security Act - Even though it's not federal labor law, it contains provisions to protect the compensation and other benefits of airport security screeners hired by private companies. They are entitled to the same or better compensation and benefits as airport security screeners hired by the Federal Transportation Security Administration.

B

Bankruptcy Act - The employment-related provisions of this law make it unlawful for employers to discriminate against employees and job applicants because of bankruptcy or the bad debts they had before filing for bankruptcy.

C

Child Labor Law and Resources - "Youth & Labor" resources provided by the U.S. Department of Labor, for both employers and young employees. Includes information and compliance assistance for child labor law, which is included under provisions of the Fair Labor Standards Act listed below.

Civil Service Reform Act - Protects the rights of Federal Government workers to form and join unions, and participate in union activities.

Consolidated Omnibus Budget Reconciliation Act (COBRA) - Requires employers to offer continued health-care insurance benefits at group rates to employees and their qualified beneficiaries, when a qualifying event occurs (such as reduction in work hours or layoffs).

Consumer Credit Protection Act of 1968 - Even though this is not directly a Federal labor law, but it does contain provisions that protect employees from discharge because of wage garnishment for any one debt.

Contract Work Hours and Safety Standards Act (CWHSSA) - sets overtime standards for service and construction contracts; The  CWHSSA is a successor to the "Eight Hour Laws" dating back as far as 1892, which regulated overtime work on federal contracts. Like the FLSA, the  CWHSSA requires payment of overtime to "laborers, mechanics and nightwatchmen" for all hours worked in excess of 40 hours per week. 

The Contract Work Hours and Safety Standards Act (CWHSSA) applies to federal service contracts and federally funded and assisted construction contracts over $100,000, and requires contractors to pay laborers and mechanics employed under the contracts one-and-a-half times their basic rate of pay for all hours worked over 40 in a week. The CWHSSA also prohibits unsanitary, hazardous, or dangerous working conditions in the construction industry on federal and federally financed and assisted projects.

Although the CWHSSA has a remedial scheme similar to the other federal contractor labor laws, there is however one important difference in that the CWHSSA allows for a $10 per person per day liquidated damages penalty payable to the U.S. Treasury for each violation of the act. Courts usually interpret CWHSSA in the same way as the FLSA overtime requirements and gives the government extra powers to pursue overtime violations involving workers on government contracts.

Copeland Anti-Kickback Act - The Copeland “Anti-Kickback” Act prohibits federal contractors or subcontractors engaged in building construction or repair from inducing an employee to give up any part of the compensation to which he or she is entitled under his or her employment contract and requires such contractors and subcontractors to submit weekly statements of compliance.

The Copeland Anti-Kickback Act applies to employees on federally financed construction projects. Under the Department of Labor regulations contractors and subcontractors are required to provide and swear to a weekly statement of the amount of wages paid to individual employees, affirming that no illegal kickbacks or rebates have been made – this can include unlawful deductions. Violations of the Act can result in fines up to $5,000.00, or up to five years in prison, or both. It covers all employees on construction projects, not just mechanics and laborers. Individuals, such as foremen or any person with authority over subordinates who can frustrate the objective of the Act, can be held personally liable for violations.

Permissible deductions under the Copeland Anti-Kickback Act include:

1. federal, state and local taxes;

2. bona fide prepayment of wages without discount;

3. court ordered deductions, such as garnishments;

4. amounts of voluntary participation in health insurance, annuities, etc.;

5. repayment of loans;

6. reasonable cost of board, lodging or other such facility; and

7. cost of safety equipment of nominal value.

D

Davis-Bacon and Related Acts (DBA) - Applies to contracts in excess of $2,000 for the construction, alteration, or repair of public buildings or public works, and requires contractors to pay certain classes of laborers and mechanics no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The prevailing wages and fringe benefits, which are determined by the Department of Labor, are required to be included in the advertised specifications for every DBA contract and in the contract ultimately awarded. In addition to the DBA, Congress has enacted prevailing wage provisions to a number of statutes that assist construction projects through grants, loans, loan guarantees, and insurance.which require payment of prevailing wage rates and fringe benefits on federally financed or assisted construction.

A contract to perform construction or reconstruction for a federal agency is generally subject to the Davis-Bacon Act. One of the many "related acts" is likely to apply to a contract that involves assistance from a federal agency, such as a grant, loan, or guaranty. A DBRA contract will typically contain a wage determination which specifies, for each trade or skill category, the minimum hourly (or hourly equivalent) rate. Fringe benefits may also be specified and must be furnished, or they may be paid as cash equivalents under regulatory rules. There are specific record keeping requirements, and certified payrolls must be submitted to the contracting officer.

The DBRA contractors are usually subject to overtime standards of the CWHSSA and the FLSA. If a contractor or subcontractor is found to be in violation of DBRA provisions, the contracting agency is required to withhold funds from the prime contract. DOL holds the funds for the payment of back wages, pending the exhaustion of appeal rights or the resolution of appeals. If withheld funds from the prime contract do not satisfy the back wage obligations of the contractor, cross withholding from other prime contracts (held by the same prime contractor) is possible.

The DBRA and/or CWHSSA violations can result in debarment action against the prime contractor and/or the subcontractor, and the contractor or the subcontractor may be debarred from federal contracts for three years.

Under certain circumstances, such as the submission of fraudulent certified payroll records or false evidence of back wages paid, the U. S. Department of Justice may file criminal charges against the offending contractor(s).

Discrimination Laws - The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of anti-discrimination laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

Doctrine of "At Will" Employment - At-Will Employment is  a doctrine in common law under which the employment is voluntary for both employers and employees. Therefore, either party may terminate the employment relationship for any reason or no reason.

E

Energy Employees Occupational Illness Compensation Program Act (EEOICPA) - Provides compensation and medical benefits to current or former civilian employees who worked at certain government or privately owned facilities, where atomic weapons were produced or tested.

Employee Polygraph Protection Act of 1988 (EPPA) - Prohibits most private-sector employers from using lie detector tests on employees or job applicants. Also prohibits private-sector employers from using results of lie detector tests or refusals to take lie detector tests, as reasons for discharging or disciplining employees or denying employment to job applicants or discriminating against an employee or job applicant for refusing to take a test or for exercising other rights under the Act.  In addition, employers are required to display the EPPA poster in the workplace for their employees. The Employment Standards Administration's Wage and Hour Division within the DOL enforces the EPPA.

Employee Retirement Income Security Act (ERISA) - ERISA does not require private-sector employers to establish employee retirement plans, but if employers do establish one, ERISA requires them to establish and maintain such plans fairly, soundly and with accountability. The same applies to voluntarily-established health plans under ERISA. Also prohibits private-sector employers from terminating employees specifically to avoid granting vested pension rights.

Equal Pay Act (EPA) - The Equal Pay Act (EPA) of 1963, included in the FLSA, prohibits an employer from discriminating amongst employees based on sex.  That is, an employer is prohibited from paying employees of one sex less than employees of the opposite sex for work done in similar working conditions on jobs that require equal skill, effort and responsibility.  Thus, the EPA requires equal pay for equal work.  The EPA protects both sexes are equally, and the EPA prohibits an employer from reducing the wage of an employee so as to comply with the law.  The work does not have to identical but only substantially equal for it to be considered equal.

F

Fair Credit Reporting Act of 1999 (FCRA) - Again this is not a federal labor law but,  contains employment-related provisions that regulate background checks on employees and job applicants to some degree. The Fair Credit Reporting Act, enforced by the Federal Trade Commission, is designed to promote accuracy and ensure the privacy of the information used in consumer reports. Recent amendments to the Act expand your rights and place additional requirements on CRAs. Businesses that supply information about you to CRAs and those that use consumer reports also have new responsibilities under the law.   For example, an investigative agency can't conduct a credit check without a job applicant's permission and must disclose the applicant's rights under this Act, including the right to dispute an inaccurate credit report. Includes amendments set forth by the Consumer Reporting Employment Clarification Act of 1998.

Fair Labor Standards Act of 1938 (FLSA)  - This landmark Federal labor law regulates minimum wage, overtime pay, equal pay and child labor. The FLSA also prohibits employers from retaliating against employees who exercise their rights under the Act, such as reporting employer violations of the Act.  Click here for more details on the FLSA. The FLSA statute can be accessed here.

False Claims Act (FCA) - Again this is not a federal labor law but, the employment-related provisions of the FCA entitle employees to bring qui tam actions against their employer for defrauding the federal government. Employee or "relator" who sues under the FCA on behalf of the federal government can receive a share of monetary damages (which can be three times the amount of fraud) awarded. Some states have passed their own versions, to deter and punish for fraud against state governments.

Family and Medical Leave Act (FMLA) - A federal labor law that grants qualified employees up to 12 weeks of medical leave per year to care for themselves or qualified family members, without losing their jobs or group health benefits. The employer does not have to pay the employee while he or she is on medical leave, but some do anyway as a voluntary employee benefit.

President Bush, on February 8, 2008, signed the very first amendments to the FMLA since the law was enacted 15 years ago. The Amendments require the employer to provide leave to employees with spouses, children, or parents who are now serving on (or who have been called up for) active duty in the military. If those loved ones become seriously ill or injured while on duty, the employer may be required to extend the leave up to 26 weeks of unpaid leave each year.  See also Family and Medical Leave.

Federal Employees' Compensation Act - Covers   Workers' Compensation Insurance for non-military federal employees against injury on the job. This Act covers only federal employees, but most states have laws that require employers to carry Workers' Compensation Insurance. 

Federal-State Extended Unemployment Compensation Act - Provisions related to employment and labor laws require states to provide for the payment of extended unemployment pay to eligible individuals, during periods of high unemployment.

Federal Transit Law - Protects the rights of employees who work for employers who receive Federal mass transit funds that affect employees. Formerly identified as Section 13(c) of the Federal Transit Act.

Federal Unemployment Tax Act (FUTA) - This is not a federal labor law but the provisions related to employment and labor laws require most employers to pay both a Federal and state tax, to provide state unemployment benefits to eligible, unemployed workers. See the FUTA information provided by the Internal Revenue Service (IRS).

H

Health Insurance Portability and Accountability Act - HIPAA provides rights and protections for participants and beneficiaries in group health plans. HIPAA includes protections for coverage under group health plans that limit exclusions for preexisting conditions; prohibit discrimination against employees and dependents based on their health status; and allow a special opportunity to enroll in a new plan to individuals in certain circumstances. HIPAA may also give you a right to purchase individual coverage if you have no group health plan coverage available, and have exhausted COBRA or other continuation coverage. An amendment to the Employee Retirement Income Security Act.

I

Immigration and Nationality Act (INA) - The Immigration Reform Act of 1986 which amended the Immigration and Nationality Act to prohibit U.S. employers from hiring illegal aliens. Also prohibits employment discrimination against individuals other than illegal aliens, based on citizenship status or national origin.

J

Jobs for Veterans Act - This Act passed in 2002 gives veterans and disabled veterans priority for certain government jobs and training programs with the Federal government and its contractors.

Judiciary and Judicial Procedure Act of 1948 - Again this is not a federal law but, it prohibits employers from discharging, threatening to discharge, intimidating, or coercing any employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States.

L

Labor Management Relations Act (Taft-Hartley Act) - Among the landmark Federal Labor laws, it makes it unlawful for employers to interfere with, restrain, coerce, discipline or discriminate against employees and job candidates for union or labor organizing related activities. Also called the Taft-Hartly Act.

Labor Management Reporting and Disclosure Act - Grants certain rights to union members and protects their interests by promoting democratic procedures within labor organizations.

M

McNamara-O'Hara Service Contract Act (SCA) - The Service Contract Act (SCA) applies to every contract entered into by the United States or the District of Columbia, under which services are provided to the United States through the use of service employees. The SCA requires contractors and subcontractors performing services on covered federal or District of Columbia contracts in excess of $2,500 to pay service employees  no less than the prevailing wages and fringe benefits for the locality where the contract is performed. The compensation requirements of the SCA are enforced by the Department of Labor (DOL). The SCA safety and health requirements are enforced by the Occupational Safety and Health Administration (OSHA) within DOL.

Migrant and Seasonal Agricultural Worker Protection Act (MSPA) - The MSPA protects farm workers by imposing certain requirements on agricultural employers and associations and requires the registration of crewleaders who must also provide the same worker protections.  The MSPA  is administered and enforced by the Wage and Hour Division of the Department of Labor's (DOL) Employment Standards Administration.

Mine Safety and Health Act (MSHA) - Protects miners from unsafe and unhealthy work conditions and practices. The MSHA also makes it illegal for employers to discharge or discriminate against miners for reporting violations of the Act.

N

National Apprenticeship Act - This Act protects the rights of apprentices, and encourage employers and unions to create apprenticeship programs. Also know as the Fitzgerald Act.

National Labor Relations Act - This is a landmark labor law, also known as the Wagner Act, which protects workers from unfair labor practices by employers, and authorizes the National Labor Relations Board to investigate any violations. Unfair labor practices include interfering with workers' rights to union representation and discriminating against workers for their union activities.

Notification and Federal Employee Antidiscrimination and Retaliation Act - Also known as the No Fear Act. The purpose of the Act is to require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.  In support of this purpose, Congress found that "agencies cannot be run effectively if those agencies practice or tolerate discrimination." The Act also requires the agencies to provide this notice to Federal employees, former Federal employees and applicants for Federal employment to inform them of the rights and protections available to them under Federal antidiscrimination and whistleblower protection.

O

Occupational Safety and Health Act (OSHA) - Protects workers from safety and health hazards at a workplace. Also prohibits employers from retaliating against employees for exercising their rights under the Act.

P

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) - It is the federal law that brought about a fundamental shift in both the method and goal of federal cash assistance to the poor.   The PRWORA instituted Temporary Assistance for Needy Families (TANF) which in 1997 replaced what was then commonly known as welfare, the Aid Families with Dependent Children (AFDC) and the Job Opportunities and Basic Skills Training (JOBS) programs.

Essentially a cash stipend to the indigent with young children, it had three primary effects: (1) by forcing the recipient to meet certain conditions in exchange for support, it ended welfare as an entitlement program; (2) it placed a lifetime limit of no more than 60 months of benefits paid by federal funds; and (3) it was instituted as a block grant to states, which allowed states to experiment with different approaches as long as basic requirements were met.

Although PRWORA has expired, Congress has continued to fund the program until a new bill is enacted.

R

Railroad Safety Act - Protects railroad workers from unsafe working conditions. Prohibits termination and discrimination for whistleblowing (reporting violations of the Act, refusing to engage in any action made unlawful by the Act, or participating in any proceedings under the Act).

Railway Labor Act - Protects the rights of railway and airline employees to organize and join unions, and forbids employer discrimination for same.

S

Sarbanes-Oxley Act of 2002 (SOX) - Also known as the Public Company Accounting Reform and Investor Protection Act of 2002 and commonly called SOx is alaw enacted in 2002 in response to a number of major corporate and accounting scandals including those affecting Enron, Tyco International, Adelphia, Peregrine Systems and WorldCom.

The law establishes new or enhanced standards for all U.S. public company boards, management, and public accounting firms. It does not apply to privately held companies. The Act contains 11 titles, or sections, ranging from additional Corporate Board responsibilities to criminal penalties, and requires the Securities and Exchange Commission (SEC) to implement rulings on requirements to comply with the new law. The Act also covers issues such as auditor independence, corporate governance, internal control assessment, and enhanced financial disclosure.

Service Contract Act (SCA) - requires general contractors and subcontractors performing services in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits as (also known as Prevailing Wage) determined by Department of Labor in its Wage Determinations.

The SCA applies to every contract entered into by the United States or the District of Columbia, the principal purpose of which is to furnish services to the United States through the use of service employees. The SCA requires contractors and subcontractors performing services on covered federal or District of Columbia contracts in excess of $2,500 to pay service employees in various classes no less than the monetary wage rates and to furnish fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor's collective bargaining agreement. Safety and health standards also apply to such contracts.

The SCA provides for penalties including debarment of a contractor from federal contracts for violations of the Act.

T

Taft-Hartley Act - The Labor Management Relations Act of 1947 listed above, derived from the last names of the congressmen who introduced it.

U

Uniformed Services Employment and Reemployment Rights Act (USERRA) - Grants returning military members the right to be re-employed in the jobs that they would have attained if they were not absent for military service, with the same seniority, status and pay, as well as other rights and employee benefits determined by seniority.  The USERRA prohibits discrimination against persons because of their service in the Armed Forces Reserve, the National Guard, or other uniformed services. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

W

Federal Wage Garnishment Law - Limits the amount of an employee's earnings that may be garnished and protects an employee from being fired if pay is garnished for only one debt. Title III of the Consumer Credit Protection Act is administered by the Wage and Hour Division of the Department of Labor's Employment Standards Administration. The Wage and Hour Division has no other authority with regard to garnishments.

Wagner-Peyser Act of 1933 - Established a nationwide system of public employment offices, also called unemployment offices. Amended by the Workforce Investment Act of 1998.

Walsh-Healey Public Contracts Act - Requires payment of minimum wage rates and overtime pay on contracts to provide goods to the Federal Government.  The Walsh-Healey Public Contracts Act (WHPCA) regulates federal government supply contracts in excess of $10,000. Covered contractors are required to pay overtime and certain minimum prevailing wages in the geographic locality. As a result of litigation during the 1960s, however, DOL stopped issuing new wage determinations under the WHPCA, and now the WHPCA's minimum wages have all been exceeded by the FLSA. Accordingly, the FLSA minimum wage applies to the federal contracts for manufacturing or furnishing equipment, supplies, materials or articles.

Women in Apprenticeship and Nontraditional Occupations - Encourages employment of women in apprenticeships and nontraditional occupations.

Worker Adjustment and Retraining Notification Act (WARN) -Requires certain employers to notify qualified affected employees of plant closings and mass layoffs, at least 60 days in advance in most cases. The employers must pay qualified, released employees and give them the benefits to which they're entitled, through the notification period.

Worker Economic Opportunity Act - Amended the Fair Labor Standards Act (FLSA) to clarify the circumstances under which value and income derived from employee stock options must be included in the employee's regular rate of pay for the purpose of calculating overtime compensation under the FLSA. This Act excludes such value and income from the regular rate of pay in most cases.

Workforce Investment Act of 1998 - As an amendment to the Wagner-Peyser Act, its was passed to consolidate, coordinate and improve employment, training, literacy, and vocational rehabilitation programs. It consolidated unemployment offices into the Career One-Stop Centers.

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