Whistleblower and Non-Retaliation Protections: |
Non-Retaliation Protections |
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In addition to the Whistleblower Protections, other non-retaliation protections are also available under many laws enforced by the Department of Labor (DOL) when an employee has filed a complaint under that law or is participating in an investigation initiated by the Department.
- Employment Law Guide - Minimum Wage and Overtime Pay - Provides information on the Fair Labor Standards Act (FLSA). It is a violation of the Act to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the Act. The FLSA is administered by DOL's Wage and Hour Division (WHD).
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Employment Law Guide - Family and Medical Leave - Provides information on the Family and Medical Leave Act (FLMA). Employers are prohibited from discriminating against or interfering with employees who take FMLA leave. The FMLA is administered by DOL's WHD.
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Employment Law Guide - Employment Discrimination and Equal Opportunity in Supply
and Service Contracts - Provides information on Executive Order 11246. Employers are required to take all necessary actions to ensure that no one attempts to intimidate or discriminate against an individual for filing a complaint or participating in a proceeding under the Executive Order. The Executive Order is adminstered by DOL's Office of Federal Contract Compliance Programs (OFCCP).
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Employment Law Guide - Migrant and Seasonal Agricultural Worker Protection - Provides information on the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The MSPA also gives migrant and seasonal agricultural workers the right to file a complaint with the WHD, file a private lawsuit under the Act (or cause a complaint or lawsuit to be filed), or testify or cooperate with an investigation or lawsuit in other ways without being intimidated, threatened, restrained, coerced, blacklisted, discharged, or discriminated against in any manner.
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Employment Law Guide - Mine Safety and Health - Provides information on the Mine Safety and Health Act. Workers are protected against discrimination based on the exercise of rights under the Act. Applicants for mine work have the right not to be discriminated against in hiring because they have previously exercised rights provided under the Act. The Mine Safety and Health Act is administered by DOL's Mine Safety and Health Administration (MSHA).
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Employment Law Guide - Occupational Safety and Health - Provides information on the Occupational Safety and Health Act (OSH Act). Private sector employees who exercise their rights under the Act can be protected against employer reprisal, as described in Section 11(c) of the OSH Act. Employees must notify DOL's Occupational Safety and Health Administration (OSHA) within 30 days of the time they learned of the alleged discriminatory action. OSHA will then investigate, and if it agrees that discrimination has occurred, OSHA will ask the employer to restore any lost benefits to the affected employee. If necessary, OSHA can take the employer to court. In such cases, the worker pays no legal fees.
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Employment Law Guide - Uniformed Service Members - Provides information on the Uniformed Services Employment and Reemployment Rights Act (USERRA). An employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection. DOL's Veterans' Employment and Training Service (VETS) enforces USERRA.
- Employee Benefits Security Administration (EBSA)
200 Constitution Avenue, NW
Room N-5623
Washington, DC 20210
Contact EBSA
Tel: 1-866-444-EBSA (1-866-444-3272)
TTY: 1-877-889-5627
Local Offices
- Employment Standards Administration (ESA)
Wage and Hour Division
200 Constitution Avenue, NW
Room S-3502
Washington, DC 20210
Contact WHD
Tel: 1-866-4USWAGE (1-866-487-9243)
TTY: 1-877-889-5627
Local Offices
- Employment Standards Administration (ESA)
Office of Federal Contract Compliance Programs (OFCCP)
200 Constitution Avenue, NW
Room C-3325
Washington, DC 20210
E-mail: OFCCP-Public@dol.gov
Tel: 1-866-4-USA-DOL (1-866-487-2365), or 1-800-397-6251
TTY: 1-877-889-5627
Local Offices
- Mine Safety and Health Administration (MSHA)
1100 Wilson Boulevard
21st Floor
Arlington, VA 22209-3939
Contact MSHA
Tel: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-9400
TTY: 1-877-889-5627
Local Offices
- Occupational Safety and Health Administration (OSHA)
200 Constitution Avenue, NW
Washington, DC 20210
Contact OSHA
Tel.: 1-800-321-OSHA (1-800-321-6742)
TTY: 1-877-889-5627
Local Offices
- Veterans’ Employment and Training Service (VETS)
200 Constitution Avenue, NW
Room S-1325
Washington, D.C. 20210
E-mail: contact-vets@dol.gov
Tel: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-4770
TTY: 1-877-889-5627
Local Offices
- 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.
Tel: 1-866-4-USA-DOL TTY: 1-877-889-5627
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol
for Compliance Assistance Inquiries, information provided by a telephone caller
will be kept confidential within the bounds of the law. Compliance assistance
inquiries will not trigger an inspection, audit, investigation, etc.
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