This entry contains information applicable to United States law only. The Department of Labor (DOL) administers federal labor laws for the executive branch of the federal government. Its mission is "to foster, promote, and develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employment" (29 U.S.C.A. § 551 [1985]). The DOL was created in 1913 out of four bureaus from the Department of Commerce and Labor: the Bureau of Labor Statistics, Bureau of Immigration, Bureau of Naturalization, and Children's Bureau.
The DOL is headed by the secretary of labor, who serves in the president's cabinet. The department's numerous responsibilities include administering and enforcing federal labor laws guaranteeing workers' rights to safe and healthful working conditions, a minimum hourly wage and overtime pay, freedom from employment discrimination, unemployment insurance, and workers' compensation. The department protects workers' pension rights, provides for job training programs, helps workers find jobs, and works to strengthen the collective bargaining process. It keeps track of changes in employment, prices, and other economic measurements. The DOL also makes special efforts to address the unique job market problems of minorities, women, children, the elderly, disabled persons, and so on.
Seven major agencies operate within the DOL: the Employment and Training Administration, Pension and Welfare Benefits Administration, Employment Standards Administration, Occupational Safety and Health Administration, Mine Safety and Health Administration, Bureau of Labor Statistics, and Veterans' Employment and Training Service. Other organizations, including the Women's Bureau, Office of the American Workplace, and Bureau of International Labor Affairs, also function within the department.
Employment and Training Administration
The Employment and Training Administration (ETA) administers five major programs that relate to employment services, job training, and unemployment insurance. The ETA also administers a federal-state employment security system, funds and oversees programs to provide work experience and training for groups having difficulty entering or returning to the workforce, and formulates and promotes apprenticeship standards and programs.
The Federal Unemployment Insurance Service (FUIS) oversees the Federal-State Unemployment Compensation Program under provisions of the Social Security Act of 1935 (42 U.S.C.A. § 1305). This program provides income support for unemployed workers. Because unemployment benefits are payable under laws of individual states, the FUIS is primarily an oversight organization providing leadership and policy guidance to the states.
The U.S. Employment Service, under the provisions of the Wagner-Peyser Act (29 U.S.C.A. § 49 et seq.) helps states establish and maintain a system of local public employment offices. The state public employment service is responsible for providing unemployed individuals and other job seekers with job placement, and other employment services.
The Bureau of Apprenticeship and Training formulates and promotes labor standards necessary to safeguard the welfare of apprentices. The Office of Job Training Programs develops and issues federal procedures pertaining to programs targeted at young people and adults who face serious barriers in obtaining employment.
Pension and Welfare Benefits Administration
The Pension and Welfare Benefits Administration (PWBA) helps protect the economic future and retirement security of workers, as required under the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C.A. § 1001). There are nearly 1 million pension plans and 4.5 million health and welfare plans in the United States. ERISA requires administrators of private pension and welfare plans to provide plan participants with easily understandable summaries of their plans. These summaries are filed with the PWBA, along with annual reports on the financial operations of the plans and on the bonding of persons charged with handling plan funds and assets. Plan administrators must also meet strict fiduciary responsibility standards, which are enforced by the PWBA.
Employment Standards Administration
The Employment Standards Administration administers minimum wage and overtime standards through its Wage and Hour Division. This division seeks to protect low-wage incomes as provided by the minimum wage provisions of the Fair Labor Standards Act (29 U.S.C.A. § 201), and to discourage excessively long hours of work through the enforcement of the overtime provisions of the act. The division also determines the prevailing wage rates for federal construction contracts and federally assisted programs for construction, alteration, and repair of public works subject to the Davis- Bacon Act (40 U.S.C.A. § 276a) and related acts.
Occupational Safety and Health Administration
The Occupational Safety and Health Administration (OSHA) has responsibility for occupational safety and health activities. OSHA was established by the Occupational Safety and Health Act of 1970 (29 U.S.C.A. § 651 et seq.). It develops and issues occupational safety and health standards for various industries and occupations. OSHA also formulates and publishes regulations that employers are to follow in maintaining health and safety. It conducts investigations and inspections to determine compliance with these standards and regulations, and if it finds noncompliance, it may issue citations and propose penalties.
Mine Safety and Health Administration
The Mine Safety and Health Administration (MSHA) is responsible for safety and health in coal and other mines in the United States. The Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C.A. § 801 et seq.) gave the MSHA strong enforcement provisions to protect coal miners, and in 1977 the act was amended to protect persons working in the noncoal areas of the mining industry, such as silver mining.
The MSHA develops and promulgates mandatory safety and health standards for the mining industry, inspects mines to ensure compliance, investigates mining accidents, and assesses fines for violations of its regulations. It helps the states develop effective state mine safety and health programs. The MSHA also conducts research on mine safety, in the hope of preventing and reducing mine accidents and occupational diseases.
Bureau of Labor Statistics
The Bureau of Labor Statistics is the principal data gathering agency of the federal government in the broad field of labor economics. It has no enforcement or regulatory functions. The bureau collects, processes, analyzes, and disseminates data relating to employment, unemployment, and other characteristics of the labor force. It also analyzes prices and consumer expenditures, economic growth and employment projections, and occupational health and safety. Most of the data are collected by the bureau, the Bureau of the Census, or state agencies.
The basic data are issued in monthly, quarterly, and annual news releases, bulletins, reports, and special publications. Data are also provided electronically, including on the Internet.
Veterans' Employment and Training Service
The Veterans' Employment and Training Service directs the DOL's veterans' employment and training programs through a nationwide network of support staff. The service's field staff work closely with state employment security agencies to ensure that veterans are provided the priority service required by law. The service provides public information and designs outreach activities that seek to encourage employers to hire veterans. It also administers programs designed to meet the employment and training needs of veterans with service-connected disabilities, Vietnam-era veterans, and veterans recently separated from military service.
Other Agencies
The Women's Bureau formulates standards and policies that promote the welfare of wage earning women, improve their working conditions, increase their efficiency, and advance their opportunities for profitable employment.
The Office of the American Workplace was created in 1993 to enhance employer-employee relations and collective bargaining, as well as to ensure that labor unions are run democratically. It works to establish labor-management networks that disseminate information concerning cooperative labor-management relations and high-performance workplace practices. It conducts investigative audits to uncover and remedy criminal and civil violations of federal law. Its Office of Labor-Management Standards conducts criminal and civil investigations to safeguard the financial integrity of unions and to ensure union democracy.
The Bureau of International Labor Affairs carries out the DOL's international responsibilities. It works with other government agencies to formulate international economic, trade, and immigration policies affecting U.S. workers. The bureau represents the United States on delegations to multilateral and bilateral trade negotiations, and in international bodies such as the General Agreement on Tariffs and Trade, International Labor Organization, Organization for Economic Cooperation and Development, and other U.N. organizations. It also helps administer the U.S. labor attaché program at embassies abroad and carries out technical assistance projects in other countries.
See: Employment Law; Labor Law; Labor Union; Mine and Mineral Law.