Employment Law Assistance
UNITED STATES DEPARTMENT OF LABOR (DOL)
The Department of Labor enforces the Fair Labor Standards Act (FLSA), which sets basic minimum wage and overtime pay standards. These standards are enforced by the Department's Wage and Hour Division, a program of the Employment Standards Administration.
In addition to FLSA, the Wage and Hour Division enforces other labor laws related to wage payment such as the Davis-Bacon and Related Acts, which require payment of prevailing wage rates and fringe benefits on federally-financed or assisted construction; the Service Contract Act, which requires payment of prevailing wage rates and fringe benefits on contracts to provide services to the federal government; the Contract Work Hours and Safety Standards Act, which sets overtime standards for most federal service contracts, federally funded construction contracts, and federal supply contracts over $100,000; and the Walsh-Healey Public Contracts Act, which requires payment of minimum wage rates and overtime pay on federal contracts to manufacture or provide goods to the federal government.
The Family and Medical Leave Act (FMLA) provides for up to 12 weeks of unpaid leave for certain medical and family situations (e.g., adoption) for either the employee or a member of the covered and eligible employee's immediate family; however, in many instances paid leave may be substituted for unpaid FMLA leave.
The Immigration and Nationality Act of 1990 applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations under H-1B visas.
The Department of Labor has developed a Department-wide initiative called Compliance Assistance, which envisions a cooperative approach toward all stakeholders, especially small businesses. Compliance Assistance complements their aggressive enforcement of the nation's worker protection laws.
They have developed a number of compliance materials in plain language, including online resources, which help answer questions and make the regulations easier to understand. The Employment Law Guide, which is available in both English and Spanish, is one of these Compliance Assistance tools. Through the use of this Guide, you will be better equipped to comply with the worker protection rules and regulations.
Click http://www.dol.gov/compliance/guide/index.htm to download the United States Department of Labor’s Employment Law Guide.
The Department of Labor also offers other great assistance. One other very valuable tool is the The First Step Employment Law Advisor designed to help employers determine which laws administered by the Department of Labor (DOL) apply to their business or organization and to provide links to information about how to comply with these laws. Click here for more information about “The FirstStep Employment Law Advisor”
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Contact Information
U.S. Department of Labor
Employment Standards Administration
Demitria Manuselis
Investigator, Wage and Hour Division
90 7th Street, Suite 18300
San Francisco, CA 94103
P: 415-625-7732
E: manuselis.demetria@dol.gov
W: www.dol.gov
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
The United States Equal Employment Opportunity Commission (EEOC) enforces the federal laws prohibiting job discrimination in both the private and federal sectors--Title VII of the Civil Rights Act, as amended, the Age Discrimination in Employment Act, the Equal Pay Act, Title I and Title V of the Americans with Disabilities Act, Section 501 and 505 of the Rehabilitation Act, and the Civil Rights Act of 1991. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices and polices.
The Federal laws prohibiting job discrimination are:
Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.
Click http://www.eeoc.gov/policy/compliance.html to download the EEOC compliance manual.
Click http://www.eeoc.gov/policy/regs/index.html to download the EEOC regulations and procedures.
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Contact Information
US Equal Employment Opportunity Commission
Linda Li
Program Analyst
350 The Embarcadero
Suite 500
San Francisco, CA 94105-1260
P: 415-625-5618
E: Linda.li@eeoc.gov
W: www.eeoc.gov
CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS
The Department of Industrial Relations was established to improve working conditions for California's wage earners, and to advance opportunities for profitable employment in California. The state laws and code statue enforced by the Department of Industrial Relations (CA) are:
Division of Labor Standards Enforcement, The Division of Labor Standards Enforcement and the Office of the Labor Commissioner were established to adjudicate wage claims, investigate discrimination and public works complaints, and enforce Labor Code statutes and Industrial Welfare Commission orders;
Division of Occupational Safety & Health, The Division of Occupational Safety and Health, better known as Cal/OSHA, protects workers and the public from safety hazards through its Cal/OSHA, elevator, amusement ride, aerial tramway, ski lift and pressure vessel programs, and provides consultative assistance to employers;
Division of Workers' Compensation, The Division of Workers' Compensation (DWC) monitors the administration of workers' compensation claims, and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers' compensation benefits;
Division of Apprenticeship Standards, The Division of Apprenticeship Standards (DAS) creates opportunities for Californians to gain employable lifetime skills and provides employers with a highly skilled and experienced workforce while strengthening California's economy;
Division of Labor Statistics & Research, The Division of Labor Statistics and Research (DLSR) is dedicated to serving the people of California by collecting, compiling, and presenting accurate and timely statistics and research relating to the condition of labor in the state;
State Mediation & Conciliation Service, The State Mediation & Conciliation Service was established to improve employer-union relations in California. Skilled, impartial SMCS staff mediate labor disputes between employers and employee organizations free of charge.
Contact Information
California Department of Industrial Relations
455 Golden Gate Ave., 10th Floor
San Francisco, CA 94102
P: 415-703-5300
EMPLOYMENT LAW POSTERS
The links below are designed to help small businesses comply with the poster requirements of several laws administered by the various state and federal agencies and departments. Note that employers are required to display the official posters where employees can readily observe them. All agencies and departments provide the posters at no cost to employers. Click on the appropriate link which will give you access to download the applicable posters. If you have specific questions regarding a posting, it is advisable to contact the appropriate state or federal agency for more information.
US Department of Labor (DOL)
http://www.dol.gov/elaws/asp/posters/posters.htm
US Equal Employment Opportunity Commission (EEOC)
http://www.eeoc.gov/policy/compliance.html
California Department of Industrial Relations (CDIR)
http://www.dir.ca.gov/wpnodb.html
CalOSHA
http://www.dir.ca.gov/dosh/puborder.asp
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