|
|
|
 |
www.dol.gov/elaws
|
 |
 |
 |
| November 5, 2008 DOL Home > elaws Advisors > Recordkeeping, Reporting & Notices Advisor |
|
Recordkeeping, Reporting and Notice RequirementsResults
Based on the information you provided in response to the questions in the Advisor, the following employment laws administered by the Department of Labor (DOL) likely apply to your business or organization. Please note that the Advisor covers only the major employment laws administered by DOL. In addition, the Advisor does not identify laws administered by other federal agencies that might be applicable to your business or organization. The recordkeeping, reporting and notice requirements, if any, are provided for each of these laws.
In addition to posters of general application, certain organizations may be required to display posters that can only be obtained from DOL's Office of Workers' Compensation Programs (OWCP). More information on these posters is available. Links to federal employment posters are always available on the Poster Page. Please note that some localities have workplace poster requirements, as do some other federal agencies such as the Department of Housing and Urban Development which requires certain businesses to post its Equal Housing Opportunity poster. Note that Governmental retirement and health plans are not subject to Title I of ERISA. Generally, a governmental plann means a plan established or maintained for its employees by the Government of the United States, by the government of any state or political subdivision thereof, or by any agency or instrumentality of the foregoing. A governmental plan also includes any plan to which the Railroad Retirement Act of 1935 or 1937 applies and which is financed by contributions required under that act. It also includes any plan of an international organization which is exempted from taxation under the International Organizations Immunities Act. Federal government plans may be subject to similar provisions. For more information see U.S. Office of Personnel Management. Nonfederal governmental plans (e.g., state and local) may be subject to provisions in the Public Health Service Act. For more information see U.S. Department of Health and Human Services (HHS). Thank you for using the Department of Labor's FirstStep Recordkeeping, Reporting and Notice Requirements Advisor. If you need information on state recordkeeping, reporting and notice requirements, including state poster requirements, please contact your state labor office. For information on the Equal Employment Opportunity Commission's recordkeeping requirements, see their recordkeeping and reporting Web page. Please visit the FirstStep Employment Law Overview Advisor if you are interested in all the provisions of a federal employment law. Consumer Credit Protection Act Title III of the Consumer Credit Protection Act (CCPA) limits the amount of an employee's earnings that may be garnished. It also protects an employee from being fired because the employee's pay is garnished for only one debt. Title III is administered by the Wage and Hour Division (WHD), of the Department of Labor's Employment Standards Administration. The Wage and Hour Division has no other authority with regard to garnishments. Questions over issues other than the amount being garnished or termination should be referred to the court or agency initiating the withholding action. There are no poster, notice, recordkeeping or reporting requirements under Title III of the Consumer Credit Protection Act. Compliance Assistance AvailableThe Department of Labor provides employers, workers and others with clear and easy-to-access information and assistance on how to comply with the Consumer Credit Protection Act. Compliance assistance related to the Act — including Employment Law Guide: Wage Garnishment, Federal Wage Garnishment Law Fact Sheet, and regulatory and interpretive materials — is available on the Compliance Assistance "By Law" Web page. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division The Contract Work Hours and Safety Standards Act The Contract Work Hours and Safety Standards Act (CWHSSA) applies to laborers and mechanics, including watchmen and guards, employed by contractors and subcontractors with federal service contracts and federally funded and assisted construction contracts over $100,000. The CWHSSA is enforced by the Wage and Hour Division of the Employment Standards Administration. Notices/PostersA Poster is required to be posted on all contracts to which CWHSSA applies. Depending on the type of federal procurement contract involved – either the Notice to all Employees Working on Federal or Federally Financed Construction Projects (PDF) or, for contracts to which the Service Contract Act (SCA) applies, the “Employee Rights on Government Contracts” notice must be posted. These posters can be downloaded and printed from the Web. The appropriate poster(s) must be posted at the site of the work in a prominent and accessible place where it may be easily seen by employees. There is no size requirement for these posters but they must be easily readable. RecordkeepingDepending on the type of federal procurement contract involved, the recordkeeping requirements of the Davis-Bacon and related Acts or the McNamara-O'Hara Service Contract Act may apply to contracts subject to the Contract Work Hours and Safety Standards Act (CWHSSA). The recordkeeping requirement includes maintaining payroll records that provide the following information for each covered employee: name, address, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Records must be maintained during the course of the work and for a period of three years from the completion of the contract, and be made available to the contracting agency and the Department of Labor. ReportingWeekly payroll statement. On contracts to which the labor standards provisions of the Davis-Bacon and related Acts apply, each contractor and subcontractor is required to provide the Federal agency a weekly statement of the wages paid to each of its employees engaged in covered work. Each payroll submitted shall be accompanied by a “Statement of Compliance” using page 2 of Form WH-347 Payroll (For Contractors Optional Use), or any form with identical wording, certifying compliance with applicable requirements. The statement is to be signed by the contractor or subcontractor, or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and delivered to a representative of the federal or state agency in charge. This must be submitted within seven days after the regular pay date for the pay period. Compliance Assistance AvailableThe Department of Labor provides employers, workers and others with clear and easy-to-access information and assistance on how to comply with CWHSSA. Compliance assistance related to the Act — including Employment Law Guide: Hours and Safety Standards in Construction Contracts, fact sheets, and regulatory and interpretive materials — is available on the Compliance Assistance "By Law" Web page. Also, the “Wage Determinations OnLine (WDOL)” Web site provides a single location for federal contracting officers to use in obtaining Davis-Bacon wage determinations for use in covered contracts, and the WDOL Web site “library” provides a variety of links that relate to compliance with the prevailing wage laws that apply to federal and federally funded and assisted contracts. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division The Davis-Bacon and Related Acts (DBRA) The Davis-Bacon and related Acts (DBRA) require certain contractors to pay their laborers and mechanics at least the prevailing wage rates and fringe benefits for corresponding work on similar projects in the area. The prevailing wage rates and fringe benefits are determined by the Department of Labor for inclusion in covered contracts. The Davis-Bacon Act applies to contractors and subcontractors performing work on Federal or District of Columbia construction contracts in excess of $2,000. In addition to the Davis-Bacon Act, Congress has added the Davis-Bacon prevailing wage provisions to numerous laws -- “related Acts” -- under which Federal agencies fund or assist construction projects through grants, loans, loan guarantees, and insurance. The Employment Standards Administration’s Wage and Hour Division (WHD) is responsible for the administration and enforcement of the Davis-Bacon and related Acts. The Federal contracting agencies also have administrative and enforcement responsibilities. See Reorganization Plan No. 14. Notices/PostersEvery employer performing work covered by the labor standards of the Davis-Bacon and related Acts must post the “Notice to All Employees Working on Federal or Federally Financed Construction Projects” at the site of the work in a prominent and accessible place where it may be easily seen by employees. There is no particular size requirement. The wage determination must be similarly posted. RecordkeepingUnder the Davis-Bacon and related Acts, covered contractors must maintain payroll and basic records for all laborers and mechanics during the course of the work and for a period of three years thereafter. Records to be maintained include:
Some of the records required to be kept under the law are also required under the Fair Labor Standards Act. See WHD Fact sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA). ReportingEach covered contractor and subcontractor must, on a weekly basis, provide the Federal agency a copy of all payrolls providing the information listed above under “Recordkeeping” for the preceding weekly payroll period. Each payroll submitted must be accompanied by a “Statement of Compliance.” The contractor, subcontractor or the authorized officer or employee of the contractor or subcontractor who supervises the payment of wages must sign the weekly statement. Statements of Compliance are to be made on the form WH-347 "Payroll (For Contractors Optional Use)" or on any form with identical wording. This must be completed within seven days after the regular pay date for the pay period. Contractors may also be asked to submit, via survey, wage data that may be used by the Wage and Hour Division to determine the locally prevailing wage rates that will apply to workers on Davis-Bacon and DBRA-covered projects. The submission of wage data is encouraged, but voluntary. Contractors and others may use the WD-10 Form, The Report of Construction Contractor’s Wage Rates. Compliance Assistance AvailableThe Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the Davis-Bacon and related Acts such as the DBRA Forms page. Other compliance assistance related to the Act — including the Davis-Bacon and Related Acts (DBRA) Web Page and regulatory and interpretive materials — is available on the Compliance Assistance "By Law" Web page. Also, the “Wage Determinations OnLine (WDOL)” Web site provides a single location for Federal contracting officers to obtain Davis-Bacon wage determinations for use in covered contracts, and the WDOL Web site “library” provides a variety of links that relate to compliance with the prevailing wage laws that apply to Federal and Federally assisted contracts. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division The Employee Polygraph Protection Act (EPPA) The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents private sector employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exceptions. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act. EPPA excludes federal, state and local government agencies from the Act's coverage, with respect to public employees. Lie detector tests may also be administered by the Federal Government to employees of Federal contractors engaged in national security intelligence or counterintelligence functions. EPPA includes limited exemptions that allow for the administration of polygraph tests (but no other lie detector tests) by private sector employers: Subject to restrictions, the Act permits polygraph (a type of lie detector) tests to be administered to certain job applicants of security service firms (armored car, alarm, and guard) and of pharmaceutical manufacturers, distributors, and dispensers. Subject to restrictions, the Act also permits polygraph testing 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 under the Act, they are subject to strict standards concerning the conduct of the test, including the pre-test, testing, and post-test phases of the examination. The Employment Standards Administration, Wage and Hour Division (WHD) enforces the EPPA. Notices/PostersPoster. Every employer subject to EPPA (whether prohibited or permitted to conduct polygraph tests) shall post and keep posted on its premises a notice explaining the Act. The notice must be posted in a prominent and conspicuous place in every establishment of the employer where it can readily be observed by employees and applicants for employment. There is no size requirement for the poster. The EPPA poster is available in English and Spanish. Posting of the EPPA poster in Spanish is optional. Notices. There are some notices that must be given to examinees and examiners in instances where polygraph tests are permitted: When a polygraph test is administered pursuant to the economic loss or injury exemption, the employer is required to provide the examinee with a statement prior to the test, in a language understood by the examinee, which fully explains the specific incident or activity being investigated and the basis for testing particular employees. The statement must contain, at a minimum, the following information:
Every employer who requests an employee or prospective employee to submit to a polygraph examination, pursuant to the ongoing investigation, drug manufacturer, or security services EPPA exemptions, must provide:
Employers must also provide written notice to the examiner identifying the persons to be examined. RecordkeepingIn the limited instances where EPPA permits the administration of polygraph tests, recordkeeping requirements apply both to employers and polygraph examiners. Employers and polygraph examiners must retain required records for a minimum of three years from the date the polygraph examination is conducted (or from the date the examination is requested if no examination is conducted). Records to be kept include:
All exempt private sector employers and polygraph examiners retained to administer examinations to persons identified by employers must keep the required records safe and accessible at the place or places of employment or business or at one or more established central recordkeeping offices where employment or examination records are customarily maintained. If the records are maintained at a central recordkeeping office, other than in the place or places of employment or business, such records must be made available within 72 hours following notice from the Secretary of Labor or an authorized representative such as from the Wage and Hour Division. ReportingThere are no reporting requirements under EPPA. Compliance Assistance AvailableThe Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the Employee Polygraph Protection Act. Compliance assistance related to the Act — including Employment Law Guide - Lie Detector Tests, Employee Polygraph Protection Act (EPPA) Fact Sheet, and regulatory and interpretive materials — is available on the Compliance Assistance "By Law" Web page. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). These laws cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training. Notices/PostersEmployers with 15 or more employees must post one of two equal opportunity posters: either the EEOC poster, or the Department of Labor’s Office of Federal Contract Compliance Program’s (OFCCP )“Employment Opportunity is the Law Poster”. Both posters are accepted as valid by OFCCP and the EEOC. The notice must be posted prominently, where it can be readily seen by employees and applicants for employment, e.g., personnel office, work-out facility, lunchroom, or company bulletin board. There is no particular size requirement. The OFCCP poster is also available in Spanish and Chinese. Posting of the notice in other languages is not required. The Fair Labor Standards Act (FLSA) The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The FLSA requires employers to pay covered nonexempt employees a minimum wage of not less than $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009. For more information see the Wage and Hour Basic Information Fact Sheet. An employee may be covered by the FLSA in two ways: "enterprise coverage" and "individual coverage." For more detail on FLSA coverage, see Wage and Hour Division Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA) Special rules apply to state and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay. Some employees are exempt from overtime pay or both the minimum wage and overtime pay. Because exemptions are generally narrowly defined under the FLSA, an employer should carefully check the exact terms and conditions for each. Detailed information is available from the local Wage and Hour Division office. The Wage and Hour Division of the U.S. Department of Labor administers and enforces the FLSA with respect to private employment, state and local government employment, and federal employees of the Library of Congress, U.S. Postal Service, Postal Rate Commission, and Tennessee Valley Authority. The U.S. Office of Personnel Management administers the provisions of the FLSA with respect to any person employed by a Federal agency. Notices/PostersEvery employer of employees subject to the FLSA’s minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments. Although there is no size requirement for the poster, employees must be able to readily read it. The FLSA poster is also available in Spanish, Russian and in Chinese. There is no requirement to post the poster in languages other than English. Covered employers are required to post the general Fair Labor Standard's Act poster; however, certain industries have posters designed specifically for them. Agricultural Employees (PDF) and State & Local Government Employees (PDF) can either post the general Fair Labor Standards Act poster or their specific industry poster. There are also posters for American Samoa (PDF) and Northern Mariana Islands (PDF). Every employer who employs workers with disabilities under special minimum wage certificates is also required to post the Employee Rights for Workers with Disabilities/Special Minimum Wage Poster. RecordkeepingEvery employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. There is no required form for the records. However, the records must include accurate information about the employee and data about the hours worked and the wages earned. The following is a listing of the basic payroll records that an employer must maintain:
For a full listing of the basic records that an employer must maintain, see the Wage and Hour Division Fact Sheet #21: Recordkeeping Requirements under the FLSA. Employers are required to preserve for at least three years payroll records, collective bargaining agreements, and sales and purchase records. Records on which wage computations are based should be retained for two years. These include time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages. ReportingThe FLSA does not contain any specific reporting requirements, however, the above referenced records must be open for inspection by the Wage and Hour Division's representatives, who may ask the employer to make extensions, computations, or transcriptions. The records may be kept at the place of employment or in a central records office. Compliance Assistance AvailableThe Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the FLSA. Among the many resources available to help you comply with the Act are:
Additional compliance assistance, including explanatory brochures, fact sheets, and regulatory and interpretive materials, is available on the Compliance Assistance “By Law” Web page and the Wage and Hour Division Home Page. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division The Fair Labor Standards Act (FLSA) / Child Labor The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. For nonagricultural operations, the FLSA prohibits children under the age of 14 from working, restricts the hours that children ages 14 to 16 can work, and forbids the employment of children under age 18 in certain jobs deemed "hazardous" by the Secretary of Labor. For agricultural operations, it prohibits the employment of children under age 16 during school hours and in certain jobs deemed "hazardous" by the Secretary of Labor. Section 14(b) of the FLSA authorizes certain types of employers to pay subminimum wages — wages less than the Federal minimum wage — to full-time students, but only after applying for and receiving a certificate from the Department of Labor. A full-time student for purposes of this exception is an individual who:
Full-time students may be employed under the subminimum (below minimum) wage provisions of Section 14(b) in retail or service establishments or in agriculture. An institution of higher education may also employ its full-time students at subminimum wages after making proper application. Such employment is permitted to the extent necessary so that employment opportunities for full-time students will not be curtailed. Employers with proper certification must pay full-time students at least 85 percent of the applicable statutory minimum wage. There are restrictions of the number of hours that an individual full-time student may be employed at subminimum wages. The Wage and Hour Division of the U.S. Department of Labor administers and enforces the FLSA with respect to private employment, state and local government employment, and federal employees of the Library of Congress, U.S. Postal Service, Postal Rate Commission, and Tennessee Valley Authority. Notices/PostersPlease see the FLSA section above for an explanation of the FLSA poster requirements. RecordkeepingEvery employer covered by the Fair Labor Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. There is no required form for the records, but the records must include accurate information about the employee and data about the hours worked and the wages earned. The following is a listing of the basic records that an employer must maintain:
For a listing of the basic records that an employer must maintain, see the FLSA Recordkeeping Fact Sheet. Employers are required to preserve for at least three years payroll records, collective bargaining agreements, and sales and purchase records. Records on which wage computations are based should be retained for two years (i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages). Employers who employ full-time students under the FLSA's subminimum wage provision must also keep the records. Prior to paying an employee the subminimum wage, as allowed under certain provisions of the FLSA, employers may have to apply for a certificate from the U. S. Department of Labor. See the form instructions page for additional information. There are three different kinds of applications that may be used to apply for authority to pay full-time students subminimum wages under section 14(b):
Completed applications should be forwarded to: U. S. Department of Labor Phone: 1-312 596-7195 ReportingThe records referenced above must be open for inspection by the Wage and Hour Division's representatives, who may ask the employer to make extensions, computations, or transcriptions. The records may be kept at the place of employment or in a central records office. Compliance Assistance AvailableThe Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the Fair Labor Standards Act. Among the many resources available to help you comply with the Act are:
Additional compliance assistance, including explanatory brochures, fact sheets, and regulatory and interpretive materials, is available on the Compliance Assistance “By Law” Web page. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division The Family and Medical Leave Act (FMLA) The Family and Medical Leave Act of 1993 (FMLA) provides a means for employees to balance their work and family responsibilities by taking unpaid leave for certain family and medical reasons. The FMLA provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons:
The Family and Medical Leave Act was amended on January 28, 2008. The Act now permits a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.” Additional information and a copy of Title I of the FMLA, as amended, are available on the Wage and Hour Web page. FMLA also requires that the employee's group health insurance coverage be maintained under the same terms and conditions during the leave as if the employee had not taken leave. The Employment Standards Administration, Wage and Hour Division administers and enforces FMLA for all private, state and local government employees, and some federal employees. Most Federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management or the Congress. Notices/PostersPoster. All covered employers are required to display and keep on display a poster prepared by the Department of Labor summarizing the major provisions of the FMLA and telling employees how to file a complaint. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it and at all locations even if there are no eligible employees. Although there is no particular size requirement, the poster and all the text must be large enough to be easily read. The FMLA poster is available in English and Spanish. If the employer’s workforce is comprised of a significant portion of workers who are not literate in English, the employer is responsible for providing the notice in a language in which the employees are literate. Notices. When covered employers have written guidance to employees concerning employee benefits or leave rights, such as employee handbooks, information concerning FMLA entitlements and employee obligations must be included in the handbook or other document. Employers may incorporate a copy of the FMLA Fact Sheet No. 28 from the Wage and Hour Division into their employer handbooks or written policies. If the employer does not have written policies, manuals or handbooks, the employer is required to provide employees with written guidance concerning all of the employee’s rights and obligations under FMLA. Employers may duplicate and provide copies of FMLA Fact Sheet No. 28 to provide the guidance. Employers are required to provide a written notice detailing the specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations when an employee gives notice of the need for FMLA leave. The employer must also give notice of whether the employee is an "eligible" employee as soon as possible. The written notice must be provided in a language in which the employee is literate. This notice should be provided to the employee within a reasonable time after the employee gives notice of the need for FMLA leave, within one or two business days, if feasible. WHD makes available a Prototype Notice (Form WH-381) which employers may adapt for their use to meet these specific notice requirements. The written notice must include information:
The specific notice may include other information such as whether the employer will require periodic reports of the employee’s status and intent to return to work, but is not required to do so. Where applicable, the written notice must be provided to the employee no less often than the first time in each six-month period that an employee gives notice of the need for FMLA leave (if FMLA leave is taken during the six-moth period). Employers should mail the notice to the employee at their address if the leave has already started. If the specific information provided by the notice changes with respect to a subsequent period of FMLA leave during the six-month period, the employer must provide written notice referencing the prior notice and setting forth any of the information that has changed. This notice of changes should be provided within one or two business days of receipt of the employee's notice of need for leave. If the employer is requiring medical certification or a "fitness-for-duty" report, written notice of the requirement must be given with respect to each employee notice of a need for leave. Subsequent written notification is not required if the information in the initial notice clearly provides that medical certification or a “fitness-for-duty” report will be required, the notification is provided in the six month period, and written guidance is included in the employer handbook or other written documents describing the employer's leave policies. Where subsequent written notice is not required, at least oral notice must be provided. If the employer fails to provide notice, the employer may not take action against an employee for failure to comply with any provision required to be set forth in the notice. RecordkeepingIn keeping with the recordkeeping requirements of the Fair Labor Standards Act (FLSA), employers are required to make, keep, and preserve records pertaining to their obligations under FMLA. The FMLA does not require that employers keep their records in any particular order or form, or revise their computerized payroll or personnel records systems to comply. Employers must keep the records for no less than three years and make them available for inspection, copying, and transcription by DOL representatives upon request. Records kept in computer form must be made available for transcription and copying. Covered employers who have eligible employees must maintain records that must disclose the following:
In addition, covered employers who have eligible employees must also maintain records detailing:
Records and documents relating to medical certifications, recertifications or medical histories of employees or employees’ family members, created for purposes of FMLA, are required to be maintained as confidential medical records in separate files/records from the usual personnel files. If the Americans with Disabilities Act (ADA) applies, then these records must comply with the ADA confidentiality requirements. However, there are exceptions that take into account the need for supervisors, managers, first aid & safety personnel; and government officials to have access to this information. ReportingThere are no reporting requirements under FMLA. Compliance Assistance AvailableThe Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the Family and Medical Leave Act. Among the many resources available to help you comply with the Act are:
Additional compliance assistance including explanatory brochures, fact sheets, and regulatory and interpretive materials is available on the Compliance Assistance “By Law” Web page. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division The McNamara-O'Hara Service Contract Act (SCA) The McNamara-O'Hara Service Contract Act (SCA) covers contracts entered into by Federal and District of Columbia government agencies where the principal purpose of the contract is to furnish services in the U.S. through the use of "service employees." The term "service employee" includes any employee engaged in performing services on a covered contract other than a bona fide executive, administrative, or professional employee who meets the exemption criteria set forth in the Fair Labor Standards Act regulations. The Employment Standards Administration’s Wage and Hour Division (WHD) - enforces the Service Contract Act. Notices/PostersEvery employer performing work covered by the Service Contract Act (and the Walsh-Healey Public Contract Act) is required to either provide each employee working on the contract notice of the SCA payment and fringe benefit requirements for the different classes of service employees or to post the “Employee Rights on Government Contracts” notice (including any applicable wage determination) at the site of the work in a prominent and accessible place where it may be easily seen by employees. There are no size requirements for the poster. The Employee Rights on Government Contracts poster is available in Spanish as well. If the contractor employs workers with disabilities under special minimum wage certificates, the “Notice to Workers with Disabilities/Special Minimum Wage (PDF) poster” must also be posted. This poster explains the conditions under which special minimum wages may be paid. It must be posted in a conspicuous place on the employer’s premises where it can be readily seen by employees and the parents or guardians of workers with disabilities. RecordkeepingSome of the records required to be kept under this law are also required under the Fair Labor Standards Act. (See WHD Fact Sheet #21: Recordkeeping.) Under the Service Contract Act, contractors and subcontractors are required to maintain certain records for each employee performing work on the covered contract. Basic records, such as name, address, and social security number of each employee must be maintained for three years from completion of the work. In addition, records on the following must be maintained for three years:
The contractor shall also make available a copy of the contract upon request from the Wage and Hour Division. ReportingThere are no reporting requirements under the Service Contract Act. A government contracting agency may request a wage determination for contracts in excess of $2,500 by filing an e-98 or obtaining a wage determination from the Wage Determination On Line. Compliance Assistance AvailableThe Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the SCA. Among the many resources available to help you comply with the Act are:
Additional compliance assistance including explanatory brochures, fact sheets, and regulatory and interpretive materials is available on the Compliance Assistance “By Law” Web page. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division The Occupational Safety and Health (OSH) Act The Occupational Safety and Health (OSH) Act was enacted to "assure safe and healthful working conditions for working men and women." The OSH Act created the Occupational Safety and Health Administration (OSHA) at the federal level and provided that states could run their own safety and health programs as long as those programs were at least as effective as the federal program. Enforcement and administration of the OSH Act in states under federal jurisdiction is handled primarily by OSHA. Safety and health standards related to field sanitation and certain temporary labor camps in the agriculture industry are enforced by the Employment Standards Administration's Wage and Hour Division (WHD) in states under federal jurisdiction. Notices/PostersPoster. Federal agencies are required to display and keep displayed the OSHA Occupational Safety and Health poster. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. Reproductions or facsimiles of the poster shall be at least 8 1/2 by 14 inches with 10 point type. Notices. Employees, former employees and their representatives have the right to review the OSHA Form 300, Log of Work-related Illnesses and Injuries, in its entirety. Employers are required to post the Summary of Work-related Injuries and Illnesses (Form300A) in a visible location so that employees are aware of the injuries and illnesses that occur in their workplace. Employers are required to post the Summary Form (300A) by February 1 of the year following the year covered by the form and keep it posted until April 30th of that year. RecordkeepingRecords for employers with 10 or fewer employees. Employers with ten 10 or fewer employees at all times during the last calendar year do not need to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that records must be kept. However, all employers covered by the OSH Act must report to OSHA any workplace incident that results in a fatality or the hospitalization of three or more employees. Employers are required to use the Form 300 “Log of Work-Related Injuries and Illnesses” to classify work-related injuries and illnesses and to note the extent and severity of each case. When an incident occurs, the Log is used to record specific details about what happened and how it happened. If the employer has more than one establishment or site, separate records for each physical location that is expected to remain in operation for one year or longer must be kept. Employers are required to keep a separate Log (Form 300) and Summary of Work-Related Injuries and Illnesses (Form 300A) for each physical location that is expected to be in operation for one year or longer. The Injury and Illness Incident Report (Form 301) is filled out when a recordable work-related injury or illness has occurred. Together with the Form 300 and Form 300A, these forms help the employer and OSHA develop a picture of the extent and severity of work-related incidents. Employers must record work-related injuries and illnesses that result in:
Employers must record any significant work-related injuries and illnesses that are diagnosed by a physician or other licensed health care professional, such as any work-related case involving cancer, chronic irreversible disease, a fractured or cracked bone or a punctured eardrum. Employers must record the following conditions when they are work-related:
Employers do not have to record certain injury and illness incidents such as a visit to a doctor solely for observation and counseling or those requiring first aid treatment only. For more information see the full list of Non-recordable Injury and Illness Incidents. ReportingAll employers must report any workplace incident to OSHA within eight (8) hours after the death of any employee from a work-related incident or the in-patient hospitalization of three or more employees. Employers must orally report the fatality/multiple hospitalization by telephone or in person to the Area OSHA office that is nearest to the site of the incident. Employers may also use the OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742). Compliance Assistance AvailableThe Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the Occupational Safety and Health Act. Among the many resources available to help you comply with the Act are:
In addition to The OSHA Recordkeeping Handbook and OSHA’s recordkeeping Web page, OSHA provides other compliance assistance materials to help employers with their recordkeeping obligations. These include:
Additional compliance assistance, including explanatory brochures, fact sheets, and regulatory and interpretive materials, is available on the Compliance Assistance “By Law” Web page. DOL ContactsOccupational Safety and Health Administration (OSHA) Uniformed Services Employment and Reemployment Rights Act (USERRA) The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members' reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation. The Veterans’ Employment and Training Service (VETS) enforces USERRA. Notices/PostersEmployers are required to provide to persons covered by USERRA, a notice of the rights, benefits and obligations of the employees and workers under USERRA. Employers may provide the notice of “Your Rights Under USERRA” by posting it where employer notices are customarily placed, by mailing it, or by distributing it via electronic mail. There is no size requirement for the poster version of the notice.
RecordkeepingThere are no required records under USERRA. ReportingThere are no required reports under USERRA. Compliance Assistance AvailableThe Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the Uniformed Services Employment and Reemployment Rights Act. Among the many resources available to help you comply with the Act are:
Additional compliance assistance including explanatory brochures, fact sheets, and regulatory and interpretive materials is available on the Compliance Assistance “By Law” Web page. DOL Contacts
Veterans’ Employment and Training Service (VETS) The Walsh-Healey Public Contracts Act The Walsh-Healey Public Contracts Act (Walsh-Healey or PCA) requires certain contractors to pay employees the federal minimum wage for all hours worked, and time and one half their regular rate of pay for all hours worked over 40 in a workweek. This Act applies to contractors with contracts in excess of $10,000 for the manufacturing or furnishing of materials, supplies, articles, and equipment to the U.S. government or the District of Columbia. This Act covers employees who produce, assemble, handle, or ship goods under these contracts. The Walsh-Healey Public Contracts Act (Walsh-Healey or PCA) is enforced by the Employment Standards Administration's Wage and Hour Division . Notices/PostersEvery employer performing work covered by the PCA (or the Service Contract Act) is required to post the “Employee Rights on Government Contracts” notice (including any applicable wage determination) at the site of the work in a prominent and accessible place where it may be easily seen by employees. There are no size requirements for the poster. The Employee Rights on Government Contracts poster is also available in Spanish. If the contractor employs workers with disabilities under special minimum wage certificates, the "Notice to Workers with Disabilities/Special Minimum Wage (PDF) poster" must also be posted. This notice explains the conditions under which special minimum wages may be paid. The poster must be posted in a conspicuous place on the employer’s premises where it can be readily seen by employees and the parents or guardians of workers with disabilities. RecordkeepingUnder Walsh-Healey, contractors and subcontractors are required to maintain certain records which must be available for inspection by the Wage and Hour Division. Records providing the following information for each covered employee must be kept on file for at least three years from their last date of entry:
The employer must maintain records providing the following information for at least two years from their last date of entry, or their last effective date, if later:
ReportingThere are no reporting requirements. Compliance Assistance AvailableThe Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the Walsh-Healey Public Contracts Act. Compliance assistance related to the Act, including Employment Law Guide - Wages in Supply & Equipment Contracts and the PCA Compliance Assistance Web page, is available on the Compliance Assistance “By Law” Web page. DOL ContactsEmployment Standards Administration (ESA),
Wage and Hour Division Whistleblower Protection Provisions The Occupational Safety and Health Act (OSH Act) and fifteen other statutes with whistleblower provisions statutes protect workers against retaliation for filing certain complaints with their employers, unions, the Occupational Safety and Health Administration (OSHA), or other government agencies. These protections cover complaints about workplace safety and health; the environment; pipeline safety; air carrier safety; nuclear safety; asbestos in schools; corporate fraud; SEC rules or regulations; commercial motor vehicle safety, health, or security; public transportation safety or security; railroad safety or security; or fraud, waste, or abuse of public funds intended to be used for public transportation or railroad safety or security; as well as other related protected activities. Retaliation may include actions such as discharge or layoff, reductions in pay or hours, demotion, discipline, blacklisting, denial of overtime or promotion, failure to hire or rehire, or denial of benefits. The Occupational Safety and Health Administration administers and enforces the whistleblowing provisions of the OSH Act and the fifteen other statutes. Notices/PostersPosters. All employers covered by the OSH Act are required to display and keep displayed the OSHA “Job Safety and Health: It’s the Law” poster. The poster is also available in Spanish. There is a separate poster for Federal agencies. This poster informs employees of their right to file a retaliation or discrimination complaint with OSHA for making safety and health complaints or for exercising rights under the OSH Act. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. Reproductions or facsimiles of the poster shall be at least 8 1/2 by 14 inches with 10 point type. Posting of the notice in other languages is not required. Employers covered by the Energy Reorganization Act of 1974 (ERA) must display the poster, “Your Rights Under the Energy Reorganization Act,” where employees can readily see it. Notices. There are generally no notice requirements for employers under most of the Whistleblower Protection provisions administered and enforced by OSHA. For other notice requirements under the OSH Act, see the OSHA Recordkeeping, Reporting, Poster, and Other Notice Requirements page. RecordkeepingThere are generally no recordkeeping requirements for employers under most of the Whistleblower Protection provisions administered and enforced by OSHA. For other recordkeeping requirements under the OSH Act, see the OSHA Recordkeeping, Reporting, Poster, and Other Notice Requirements page. ReportingThere are generally no reporting requirements for employers under most of the Whistleblower Protection provisions administered and enforced by OSHA. For other reporting requirements under the OSH Act, see the OSHA Recordkeeping, Reporting, Poster, and Other Notice Requirements page. Compliance Assistance AvailableThe Department of Labor provides employers, workers, and others with clear and easy-to-access information and assistance on how to comply with the Whistleblower Protection provisions. Compliance assistance related to the Act, including:
Additional compliance assistance, including explanatory brochures, fact sheets, and regulatory and interpretive materials, is available on the Compliance Assistance “By Law” Web page. DOL ContactsOccupational Safety and Health Administration (OSHA) For questions on other DOL laws, please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service. |
|
||||
