Wage and Hour Division
Encyclopedia
The Wage and Hour Division (WHD) of the United States Department of Labor
is the federal
office responsible for enforcing federal labor laws. The Division was formed with the enactment of the Fair Labor Standards Act
of 1938. Leon Rodriguez is President Barack Obama's nominee to lead the Division.
Until November 8, 2009, the Wage and Hour Division was one of four D.O.L. agencies that were components of the Employment Standards Administration. With the decommissioning of the ESA, Wage and Hour now reports directly to the Secretary of Labor.
United States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
is the federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
office responsible for enforcing federal labor laws. The Division was formed with the enactment of the Fair Labor Standards Act
Fair Labor Standards Act
The Fair Labor Standards Act of 1938 is a federal statute of the United States. The FLSA established a national minimum wage, guaranteed 'time-and-a-half' for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor," a term that is defined in the statute...
of 1938. Leon Rodriguez is President Barack Obama's nominee to lead the Division.
Background
Specifically, the office deals with:- Recordkeeping
- Youth and special employment
- Fair Labor Standards ActFair Labor Standards ActThe Fair Labor Standards Act of 1938 is a federal statute of the United States. The FLSA established a national minimum wage, guaranteed 'time-and-a-half' for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor," a term that is defined in the statute...
(minimum wageMinimum wage in the United States, the federal minimum wage in the United States is $7.25 per hour. Some states and municipalities have set minimum wages higher than the federal level , with the highest state minimum wage being $8.67 in Washington. Some U.S. territories are exempt...
, overtimeOvertimeOvertime is the amount of time someone works beyond normal working hours. Normal hours may be determined in several ways:*by custom ,*by practices of a given trade or profession,*by legislation,...
, child laborChild laborChild labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries...
) - Family and Medical Leave Act of 1993Family and Medical Leave Act of 1993The Family and Medical Leave Act of 1993 is a United States federal law requiring covered employers to provide employees job-protected unpaid leave for qualified medical and family reasons. These reasons include personal or family illness, military service, family military leave, pregnancy,...
(leaveLeave of absenceLeave of absence is a term used to describe a period of time that one is to be away from his/her primary job, while maintaining the status of employee...
) - Migrant and Seasonal Agricultural Workers Protection ActMigrant and Seasonal Agricultural Workers Protection ActThe Migrant and Seasonal Agricultural Workers Protection Act repealed and replaced the Farm Labor Contractor Registration Act The Migrant and Seasonal Agricultural Workers Protection Act (MSPA) (P.L. 97-470) (January 14, 1983) repealed and replaced the Farm Labor Contractor Registration Act The...
(migrant workerMigrant workerThe term migrant worker has different official meanings and connotations in different parts of the world. The United Nations' definition is broad, including any people working outside of their home country...
s, H-2A VisaH-2A VisaAn H-2A visa allows a foreign national entry into the U.S. for temporary or seasonal agricultural work. There are several requirements of the employer in regards to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of...
program, Field Sanitation Provisions of the Occupational Safety and Health ActOccupational Safety and Health ActThe Occupational Safety and Health Act is the primary federal law which governs occupational health and safety in the private sector and federal government in the United States. It was enacted by Congress in 1970 and was signed by President Richard Nixon on December 29, 1970...
) - Employee Polygraph Protection ActEmployee Polygraph Protection ActThe Employee Polygraph Protection Act of 1988 in a United States federal law that generally prevents employers from using polygraph tests, either for pre-employment screening or during the course of employment, with certain exemptions.Under EPPA, most private employers may not require or request...
- Worker protections in temporary worker programs
- Davis–Bacon Act, McNamara–O'Hara Service Contract Act, Walsh–Healey Public Contracts Act, Contract Work Hours and Safety Standards ActContract Work Hours and Safety Standards ActThe Contract Work Hours and Safety Standards Act is a United States federal law that covers hours and safety standards in construction contracts....
(prevailing wagePrevailing wageIn government contracting, a prevailing wage is defined as the hourly wage, usual benefits and overtime, paid to the majority of workers, laborers, and mechanics within a particular area. Prevailing wages are established by regulatory agencies for each trade and occupation employed in the...
s, government contractsGovernment contractsGovernment procurement in the United States is based on many of the same principles as commercial contracting, but is subject to special laws and regulation as described below....
s) - Consumer Credit Protection ActConsumer Credit Protection ActThe Consumer Credit Protection Act, , composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on...
(wage garnishment)
Until November 8, 2009, the Wage and Hour Division was one of four D.O.L. agencies that were components of the Employment Standards Administration. With the decommissioning of the ESA, Wage and Hour now reports directly to the Secretary of Labor.