The U.S. Department of Labor is the federal agency that writes and enforces the rules covering how American workers are paid, kept safe on the job, granted leave, and treated when they lose work or return from military service. It runs the Wage and Hour Division, the Occupational Safety and Health Administration, the Employee Benefits Security Administration, and a dozen other offices that together touch nearly every job in the country.1U.S. Department of Labor. A Brief History: The U.S. Department of Labor If an employer breaks a federal labor law, the department is usually where the complaint goes.
Pay, Overtime, and Child Labor
The Wage and Hour Division enforces the Fair Labor Standards Act. The federal minimum wage is $7.25 per hour, and any hours worked beyond 40 in a workweek must be paid at one and a half times the worker’s regular rate.2United States Department of Labor. Handy Reference Guide to the Fair Labor Standards Act Many states set higher minimums, and workers are entitled to whichever rate is higher.
The division also enforces child labor rules. Employers who violate them face fines of up to $16,035 per affected employee. If a violation causes serious injury or death of a worker under 18, the penalty can reach $72,876, and doubles to $145,752 when the violation was willful or repeated.3U.S. Department of Labor. Civil Money Penalty Inflation Adjustments Enforcement also recovers unpaid back wages owed to workers.
Job-Protected Leave Under the FMLA
The department administers the Family and Medical Leave Act, which gives eligible employees up to 12 weeks of unpaid, job-protected leave a year.4U.S. Department of Labor. Family and Medical Leave Act (FMLA) Qualifying reasons include a worker’s own serious health condition, the arrival of a newborn or newly adopted or foster child, care for a spouse or parent with a serious health condition, and certain situations tied to a family member’s military service. Family caregivers of covered service members may qualify for up to 26 weeks in a single year.5Office of the Law Revision Counsel. 29 U.S. Code 2612 – Leave Requirement When the department finds interference with these rights, remedies can include reinstatement and reimbursement of lost wages.
Employee or Independent Contractor
Whether a worker is an employee protected by the FLSA or an independent contractor who isn’t often comes down to a department investigation. Under the economic reality test, investigators weigh six factors: the worker’s opportunity for profit or loss, each side’s financial investment, how permanent the relationship is, how much control the employer has, whether the work is central to the employer’s business, and the worker’s skill and initiative.6eCFR. 29 CFR Part 795 – Employee or Independent Contractor Classification Under the Fair Labor Standards Act When a business is found to have misclassified employees as contractors, those workers become eligible for the back wages and overtime they should have received.
Workplace Safety and OSHA Inspections
The Occupational Safety and Health Administration enforces safety standards across millions of workplaces under the Occupational Safety and Health Act.7Office of the Law Revision Counsel. 29 U.S.C. 651 – Congressional Statement of Findings and Declaration of Purpose and Policy OSHA conducts unannounced inspections triggered by worker complaints, reported fatalities, or a workplace’s classification in a high-risk industry. Serious violations carry penalties of up to $16,550 each; willful or repeated violations can reach $165,514 per violation, with amounts adjusted each year for inflation.8Occupational Safety and Health Administration. OSHA Penalties
About 22 states run their own OSHA-approved programs covering both private and public sector workers, and seven more cover only state and local government employees.9Occupational Safety and Health Administration. State Plans State plans must be at least as effective as federal OSHA and can set stricter requirements. Mining is handled separately by the Mine Safety and Health Administration, which by law must inspect every underground mine in full at least four times a year and every surface mine at least twice a year, and can shut down an operation on the spot when inspectors find an imminent danger.10Office of the Law Revision Counsel. 30 U.S.C. 813 – Inspections, Investigations, and Recordkeeping
Retaliation and Whistleblower Protection
OSHA also runs the federal whistleblower program, administering more than 20 statutes that shield workers from retaliation.11U.S. Department of Labor. OSHA Online Whistleblower Complaint Form Under the core workplace safety law, an employer cannot fire, demote, or otherwise punish a worker for reporting unsafe conditions, filing a safety complaint, or taking part in a related investigation.12U.S. Department of Labor. Occupational Safety and Health Act (OSH Act), Section 11(c) Workers who believe they were retaliated against have 30 days to file a complaint. The department then has 90 days to investigate, and if it finds a violation it can go to federal court to seek reinstatement and back pay.
Retirement Plans, Health Coverage, and COBRA
The Employee Benefits Security Administration protects workers enrolled in employer-sponsored retirement and health plans. Under the Employee Retirement Income Security Act, anyone who manages plan assets or gives investment advice for a fee is a fiduciary who must act solely in the interest of participants, invest with the care and skill of a knowledgeable professional, diversify holdings to reduce the risk of large losses, and follow the plan documents.13Office of the Law Revision Counsel. 29 U.S.C. 1104 – Fiduciary Duties When a fiduciary misuses plan assets or fails these duties, the department can sue to recover losses. Plan administrators must also give participants written summaries explaining eligibility, benefits, and how to file a claim.
COBRA Continuation Coverage
Workers who lose their jobs or have their hours cut often lose employer-sponsored health coverage along with the paycheck. The department enforces the continuation coverage rules under COBRA, which allow affected workers and their families to keep group health coverage for a limited period, typically 18 months after a job loss or reduction in hours. For qualifying events such as divorce, the death of a covered employee, or a dependent child aging out, the period extends to 36 months.14U.S. Department of Labor. FAQs on COBRA Continuation Health Coverage for Workers COBRA applies to group health plans maintained by employers with 20 or more employees.
Employers must notify the plan administrator of a qualifying event within 30 days. The administrator then has 14 days to send an election notice to each eligible person. Workers themselves must notify the plan administrator within 60 days for qualifying events like a divorce or a child losing dependent status.15GovInfo. 29 U.S.C. 1166 – Notice Requirements
Mental Health Parity
The department shares enforcement of the Mental Health Parity and Addiction Equity Act, which prevents group health plans from imposing stricter limits on mental health and substance use disorder benefits than on medical and surgical benefits. Copays, coinsurance, visit caps, and prior authorization rules for mental health treatment cannot be more restrictive than those applied to comparable medical care. Plans must also run comparative analyses showing that network standards and reimbursement methods do not create material access differences.16Centers for Medicare & Medicaid Services. The Mental Health Parity and Addiction Equity Act (MHPAEA) The law does not force plans to cover mental health, but any plan that does must offer it on equal footing with other medical coverage.
Unemployment and Workers’ Compensation
The department oversees the federal-state unemployment insurance system. Each state runs its own program and sets benefit amounts, while the federal government funds administration, sets broad policy guidelines, and monitors trust fund balances.17U.S. Department of Labor. Federal-State Partnership – Unemployment Insurance Maximum weekly benefits vary widely by state.
The department directly manages compensation programs for specific worker groups. Under the Federal Employees’ Compensation Act, it handles claims from federal employees hurt on the job, paying medical benefits and wage replacement while helping workers return when medically able.18U.S. Department of Labor. Federal Employees’ Compensation Act (FECA) Claims Administration It also administers the Longshore and Harbor Workers’ Compensation Act for maritime workers injured on navigable waters or adjoining areas like docks and terminals, and the Black Lung Benefits Act for coal miners totally disabled by pneumoconiosis, along with surviving dependents of miners who died from the disease.19Office of the Law Revision Counsel. 30 U.S.C. 901 – Congressional Findings and Declaration of Purpose
After a major disaster, workers who wouldn’t otherwise qualify for regular unemployment, including self-employed people and farmworkers, may be eligible for Disaster Unemployment Assistance. Eligibility requires that the unemployment was directly caused by the disaster, that the worker isn’t eligible for benefits under any other federal or state program, and that the worker files on time, remains able and available for work unless a disaster-related injury prevents it, and has not refused a suitable job offer.20eCFR. 20 CFR 625.4 – Eligibility Requirements for Disaster Unemployment Assistance
Job Training and Apprenticeships
The Employment and Training Administration funds state and local workforce development through federal grants. Under the Workforce Innovation and Opportunity Act, these programs provide career services, job search help, and technical training to displaced workers and other job seekers.21U.S. Department of Labor. WIOA Workforce Programs
The department also validates and oversees Registered Apprenticeship programs. Apprentices combine paid work experience with classroom instruction and mentorship, earn progressively higher wages as their skills grow, and receive a portable, nationally recognized credential when they finish.22Apprenticeship.gov. Registered Apprenticeship Program Programs are approved by the department or a state apprenticeship agency and must meet national quality standards. Veterans who qualify for GI Bill benefits can receive a monthly stipend on top of apprenticeship wages.
Rights for Service Members Returning to Work
Through the Veterans’ Employment and Training Service, the department enforces the Uniformed Services Employment and Reemployment Rights Act, which prohibits employers from discriminating based on past, present, or future military service in hiring, firing, promotions, or benefits.23Office of the Law Revision Counsel. 38 U.S.C. Chapter 43 – Employment and Reemployment Rights of Members of the Uniformed Services Returning service members are entitled to the position they would have held had they never left, which may include a promotion earned through seniority.
The deadline to request reemployment depends on how long the absence lasted:
- 1 to 30 days: report on the next business day after travel time plus eight hours of rest.
- 31 to 180 days: contact the employer within 14 days.
- More than 180 days: contact the employer within 90 days.
An employee may serve up to five cumulative years of military service with a single employer and keep full reemployment rights. Workers away for 31 to 180 days are protected from termination without cause for six months after returning, and those away for more than 180 days are protected for a full year.24U.S. Office of Special Counsel. Your USERRA Rights as an Employee
Union Financial Reporting and Elections
The Office of Labor-Management Standards enforces the Labor-Management Reporting and Disclosure Act, which sets a bill of rights for union members and requires financial transparency from labor organizations. Reporting depth depends on the union’s size:
- $250,000 or more in annual receipts: file the detailed Form LM-2.
- Less than $250,000: may file the shorter Form LM-3.
- Less than $10,000: may file the simplified Form LM-4.
Reports are due within 90 days after the union’s fiscal year ends, must be signed by the president and treasurer, and must be filed electronically. Underlying records must be kept for at least five years.25U.S. Department of Labor. LMRDA Compliance – A Guide for New Union Officers
The department also enforces officer election standards. Local unions must elect officers by secret ballot directly among members in good standing, while national unions may elect officers at a convention of delegates who were themselves chosen by secret ballot. Election notices must be mailed to members at least 15 days before the vote, each candidate may have an observer present during ballot counting, and election records must be preserved for one year.26eCFR. 29 CFR Part 452, Subpart I – Election Procedures; Rights of Members
Federal Contractor Compliance
The Office of Federal Contract Compliance Programs monitors businesses holding federal contracts for compliance with nondiscrimination and affirmative action requirements. Section 503 of the Rehabilitation Act requires federal construction contractors with contracts above $20,000 to take affirmative action regarding qualified individuals with disabilities, and contractors with 50 or more employees and at least one contract of $50,000 or more must develop a written affirmative action program. The Vietnam Era Veterans’ Readjustment Assistance Act imposes similar requirements for veteran hiring when a contractor holds a federal contract of $200,000 or more.27U.S. Department of Labor. Jurisdiction Thresholds and Inflationary Adjustments
Covered contractors must develop affirmative action programs within 120 days of beginning a contract and update them annually. These programs analyze workforce composition, identify underrepresentation, and set placement goals, though the regulations explicitly prohibit rigid quotas and do not require hiring a less qualified candidate over a more qualified one.28eCFR. 41 CFR Part 60-2 – Affirmative Action Programs
How to File a Complaint
You can file complaints directly with the relevant division of the department. For wage and hour issues like unpaid overtime, minimum wage violations, or misclassification, the Wage and Hour Division needs your name and contact information, the employer’s name and location, the type of work performed, and details about how and when you were paid. Pay stubs and personal records of hours worked help but aren’t required. All services are free and confidential regardless of immigration status, and an employer cannot legally retaliate against you for filing.29U.S. Department of Labor. Information You Need to File a Complaint Safety complaints go to OSHA, benefit and retirement plan complaints to the Employee Benefits Security Administration, and USERRA claims to the Veterans’ Employment and Training Service.