Erich Carpenter
FA POLS-1000-LN02 American Government
(Professor) Nikki Isemann
12/6/18
Do you ever wonder who controls and regulates the dedicated work force of America? You might think that it is just controlled by the basic government (which technically it is), but there is a certain organization that controls this field. They are called the United States Department of Labor. Who is the Department of Labor? Let me tell you.
“The Department of Labor (DOL) fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers’ rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.”
Simply put, everything that you do in the workforce, gets overlooked by the Department of Labor. They make sure that you are taken care of and if you aren’t taken care of, but they will for sure make sure you get taken care of in the workforce. If there is some type of discrepancy, obviously your managers, CEO’s and shift managers at your job are the first to talk to, but if all else fails and you need to take legal action, the Department of Labor is a great way to see your rights. They make sure everyone is treated fairly even if your job is being unfair. This includes things like payments, harassment, etc. The Department of Labor is a good reference point to find these topics.
According to the United States Department of Labor, (facts from their main website under ‘about us’), there are multiple different things that are their main focus is on. These are the ones that they have established and looked over:
– Wages and Hours
– Workplace and Safety Health
– Workers Compensation
– Employee’s Benefits
– Unions and Their Members
– Employee Protection
– Uniformed Services Employment and Reemployment
– The Family and Medical Leave Act
– Veteran’s Preference
– Government Contracts, Grants, or Financial Aid
– Migrant and Seasonal Agricultural Workers
– Mine Safety and Health
– Construction
– Transportation
– Plant Closing and Layoffs
– Posters
– Related Agencies
These are the main topics and laws that the Department of Labor controls and handles. These rules are all under regulation by them with their goal of truly protecting the American worker. The Department of Labor is really a key tool for making sure your work rights on the job are met.
According to the Department of Labor’s timeline on their website the main founding laws that still make up today’s laws were established in the 1900s. Of course, there are still laws being established to this day, but just like the constitution and many other laws in America, things were done early on and we have followed them ever since. On March 4th, 1913 President William Howard Taft signed the Organic Act which created the United States Department of Labor that we all know today. Going down the line, other monumental establishment’s that were made during this time was ‘establishing benefits for injured and sick workers (1916), women receiving a voice in the workplace via women’s bureau (1920), the social security act, fair labor standards (40 hours a week), combatting child labor (1947), equal pay for equal work (1963), OSHA introduced (1970), retirement equality act (1984), glass ceiling commission (1991), employment disability (2000), fair pay for the 21st century (2009), affordable care act (2010), and recently the DOL celebrates their 100 year anniversary on March 4th, 2013. These are just some of the few milestones that the Department of Labor has achieved and established throughout the years. As you can see, a lot of the shaping and forming of this field was indeed done in the 1900s, but there is still current topics being discussed with the Department of Labor today.
One of the more recent topics of discussion for the Department of Labor, is that of the set minimum wage. This is a side organization, still apart of the DOL, that is called the Wage and Hour Division (WHD). According to the Department of Labor’s website, as of June 12th, the Department decided that they will proceed with publishing a Notice of Proposed Rulemaking (NPRM) to set rules and regulations for wage protections. This is an Executive Order 13658. This division made a standard that the minimum federal wage is $7.25 an hour, but states can decide what the wage is after that. States really do have a large say in what the wage can be, but that is also why there is a minimum.
Have you ever heard someone say something along the lines of, “OSHA is going to be all over you if you do that,” or “Because of OSHA?” Let me tell you what OSHA is. According to the official OSHA website, OSHA stands for “the Occupational Safety and Health Administration of the United States Department of Labor, formed by the Occupational Safety and Health Act of 1970.” OSHA wants to make sure that safety is being performed throughout the workforce of construction. This is just to ensure that everyone is safe on the job site. A lot of people actually make jokes out of OSHA, which may seem dumb, but when it comes down to it, there does need to be regulation’s for safety on the job. If there is not, when people do get hurt, there can be a lot of liability pointed towards the company that the person injured is working for, but because of OSHA there is rules one must follow and if those rules are broken, causing injury, it would become user error rather than the company’s fault. Of course, this can go both ways indeed. If an employer causes a dangerous working environment, that can and more than likely will fall back onto that business which protect the employer. Personally, I have worked as a professional Construction Laborer and I know that the guys on the job simply think OSHA is dumb. They all think it is just the government sticking their hands in places they don’t belong. They all crack jokes when you leave tools out, or make a dumb mistake, there is a sarcastic remark being made along the lines of “you better watch out, or else OSHA will be on your ass.” I never understood this because while it is true that they are “reaching their hands where they don’t belong,” they are doing it for the concern of the people. The Department of Labor does the things they do to benefit the people. Some people just don’t like when their lives, or work lives are being dictated by someone other than their companies’ boss.
As a CNN journalist, I believe that it is vital that the people know their rights when it comes to the work force. Did you know that you, as a worker, are entitled, but not limited to time and a half when working over 40 hours a week? Things like this are the things that workers need to know when being in the work force. It is also your right to get paid holiday pay on a nationally recognized holiday i.e. New Year’s Day, Columbus Day, Memorial Day, Martin Luther King Jr. Day. These are federally recognized holidays. Keep in mind though, this right is only for federal workers, but private business out of sheer morality will more than likely give time and a half on special holidays.
Another law established by the Department of Labor is the Workers Compensation Act. This act protects the people of America by giving certain employees benefits and health coverage/insurance for jobs like coal miners and other jobs. This also protects certain retirement benefits and funds.
This can also fall under the employee protection act. This act protects the employees by using what is called ‘whistleblower’ protections. This is for employees who believe that their employers are treating them unfair, illegally, or in any manner that is not morally right or unlawful. This usually includes things like job reinstatements, complaints about their wage or a wrong paycheck, or other things that fall under unlawful acts towards employees.
Overall, The Department of Labor is in place for the protection of the American people. Throughout your life you may encounter times in the work force where you need to refer back to the Department of Labor for your simple rights as a worker. They are there to help you and make the American Dream a reality. They want to ensure that everyone is treated right and fair. If you ever need to file a complaint because your employer isn’t treating you fairly, or you aren’t receiving equal pay for equal work, or even if there is some type of discrimination, the Department of Labor is there to take care of you.
Department of Labor
Department of Labor. “Frequently Asked Questions (FAQs) – What Does the Department of Labor Do?” United States Department of Labor: Frequently Asked Questions, webapps.dol.gov/dolfaq/go-dol-faq.asp?faqid=478.
Department of Labor. “Introduction to OSHA.” Glossary of Term, www.osha.gov/dte/grant_materials/fy07/sh-166
25-07/oshaglossary.pdf.
Doyle, Alison. “How Much Do You Get Paid for Overtime?” The Balance Careers, The Balance Careers, 20 June 2018, www.thebalancecareers.com/how-much-do-i-get-paid-for-overtime-2060059.
The U.S. Department of Labor. “U.S. Department of Labor.” United States Department of Labor, www.dol.gov/general/history/100/timeline.
“U.S. Department of Labor.” United States Department of Labor, www.dol.gov/general/aboutdol/majorlaws.