Wages+and+Working+Conditions+1


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Please feel free to review the following attachments and links.**

=**U.D. Law on Wages and Working Conditions**=

**Fair Labor Standards Act (FLSA)**
The FLSA has prescribed standards for the basic minimum wage and overtime pay for workers. While it affects most private and public employment; it requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage ($7.25) and overtime pay of one-and-one-half-times the regular rate of pay.

Non-agricultural operations restricts the number of hours that children under the age of 16 are able to work. For agricultural operations, it prohibits the employment of children under the age of 16 during school hours and in certain jobs deemed too dangerous.

The Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

- Minimum wage is currently at $7.25/hour. - The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half of the regular rate of pay for all hours worked over 40 hours in a work-week.
 * Notes:**

Fair Labor Standards Act (FLSA) Minimum Wage Poster
 * Documents:**

**The Davis-Bacon and Related Acts (DBRA)**
The U.S. Department of Labor has issued regulations establishing standards and procedures for the administration and enforcement of the Davis-Bacon and Related Acts. Federal contracting agencies have day-to-day responsibility for administration and enforcement.

"The Davis-Bacon and Related Acts (DBRA) requires all contractors and subcontractors performing work on federal or District of Columbia construction contracts or federally assisted contracts in excess of $2,000 to pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits for corresponding classes of laborers and mechanics employed on similar projects in the area. The prevailing wage rates and fringe benefits are determined by the Secretary of Labor for inclusion in covered contracts."

Prevailing wage provisions tallying approximately 60 laws were added to the Davis Bacon Act. Through this, federal agencies assist construction projects through grants, loans and insurance. By means of this act, laborers have the right to receive at least the locally prevailing wage rate and fringe benefits determined by the U.S. Department of Labor for their specific type of work.

Employee Rights Under the Davis-Bacon Act
 * Documents:**


 * Related Acts/Regulations:**
 * Copeland "Anti-Kickback" Act:** Prohibits contractors from in any way inducing an employee to give up any part of their compensation to which he or she is entitled under his or her contract of employment...

This act provides employment-related protections to migrant and seasonal agricultural workers and is administered and enforced by the Wage and Hour Division of the U.S. Department of Labor's (DOL) Employment Standards Administration. Unfortunately, the MSPA does not apply to independent contractors.

The MSPA requires farm labor contractors, agricultural employers, and agricultural associations who recruit, solicit, hire, employ, furnish, transport or house agricultural workers, as well as providers of migrant housing, to meet certain minimum requirements in their dealings with migrant and seasonal agricultural workers.

According to **SEC 202:** Wages, Supplies & Other working Arrangements
 * 1) Each farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall paythe wages owed to such worker when due.
 * 2) No farm labor contractor, agricultural employer, or agricultural association shall require any migrant agricultural worker to purchase any goods or services solely from such farm labor contractor, agricultural employer, or agricultural association.
 * 3) No farm labor contractor, agricultural employer, or agricultural association shall, without justification, violate the terms of any working arrangement made by that contractor, employer, or association with any migrant agricultural worker.

[|Migrant and Seasonal Agricultural Worker Protection Act]
 * Documents:**

Agricultural Employers Under the Fair Labor Standards Act Minimum Wage
 * Related Acts/Regulations:**

**Occupational Safety and Health Administration (OSHA)**
The U.S. Department of Labor created this administration under the OSH Act of 1970 which was signed by President Nixon on December 29, 1970. Due to the significant amount of work related injuries and deaths taking place in the work place, the OSH Act of 1970 stated the following under SEC. 2:

(a) The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments.

(b) The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources…(continued)

“OSHA’s mission is to prevent work-related injuries, illnesses, and deaths.”
 * Purpose:**

- Number of occupational deaths has been reduced by 62% since 1971
 * Facts:**

- Number of occupational injuries have declined by 42% since 197

- OSHA and its state partners have approximately 2100 inspectors throughout country

- OSHA provides research, information, education and training in the field of occupational safety and health.

- OSHA offers various cooperative programs such as the Alliance Program, Strategic Partnership Program and Voluntary Protection Program.

- “Nearly every working man and woman in the nation comes under OSHA’s jurisdiction with the exception of miners, transportation workers, many public employees, and the self-employed.”

- Florida is not listed on approved state plans

OSHA Regulations (Standards-29 CFR) State Plan Standards and Policies State Plan Occupational Safety and Health Acts & Statutes
 * Related Acts/Regulations:**

OSHA Publications - Download booklets/brochures
 * Documents:**

**Mine Safety and Health Administration (MSHA)**
The U.S. Department of Labor's Mine Safety and Health Administration has established various policies and initiatives to assist in the reducing the number of deaths, injuries and illnesses resulting from working in the nation's mines. This administration has developed several safety and health regulations that cover an array of potential hazards. Their programs educate mine workers/operators with necessary precautions. They also provide information for employers to assist their workers.

The MSHA works in cooperation with the industry, labor and other Federal/State agencies to improve mine conditions for its workers. Responsibilities of the MSHA are thoroughly explained in the Federal Mine Safety & Health Act of 1977. This Act applies to all mining operations in the United States regardless of size, number of employees or method of extraction.

**Federal Mine Safety & Health Act of 1977 (Public Law 91-173- amended by PL 95-164)**

 * Purpose:**

1. “Establish interim mandatory health and safety standards and to direct the Secretary of Health, Education and Welfare and the Secretary of Labor to develop and promulgate improved mandatory health or safety standards to protect the health and safety of the Nation's coal or other miners;

2. To require that each operator of a coal or other mine and every miner in such mine comply with such standards;

3. To cooperate with, and provide assistance to, the States in the development and enforcement of effective state coal or other mine health and safety programs;

4. And, to improve and expand, in cooperation with the States and the coal or other mining industry, research and development and training programs aimed at preventing coal or other mine accidents and occupationally caused diseases in the industry."


 * Facts:**

- “Each coal or other mine, the products of which enter commerce, or the operations or products of which affect commerce, and each operator of such mine, and every miner in such mine shall be subject to the provisions of this Act.” [SEC. 4]

- Comprised of an **Interim Compliance Panel** which consists of five (5) members which carry out the duties imposed on it pursuant to this Act and to provide an opportunity for a public hearing, after notice, at the request of the operator of the affected coal mine or the representative of the miners of such mine. Continued… [SEC 5(f)(1)]

- A **Secretary** is appointed to rule in accordance with this Act to develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal or other mines. [SEC. 101(a)]

- **Advisory Committees** are appointed and shall consult with, and make recommendations to, the Secretary of Health, Education and Welfare on matters involving or relating to coal or other mine health research. Continued… [SEC 102(b)(2)]

- Frequent inspections or investigations of coal or other mines are conducted each year for the purpose of [SEC 103(a)]:

1. Obtaining, utilizing, and disseminating information relating to health and safety conditions, the causes of accidents and the causes of diseases and physical impairments originating in such mines, 2. Gathering information with respect to mandatory health and safety standards, 3. Determining whether imminent danger exists, and 4. Determining whether there is compliance with the mandatory health and safety standards or with any citation, order, or decision issued under this title or other requirements of this Act.

Mine Improvement and New Emergency Response Act of 2006**
 * Related Acts/Regulations:**
 * Federal Mine Safety and Health Act of 1977
 * Code of Federal Regulations**

@http://www.msha.gov/MSHAINFO/FactSheets/MSHAFCT1.HTM @http://www.msha.gov/MSHAINFO/FactSheets/MSHAFCT8.HTM
 * Notes:**
 * @http://www.msha.gov/MSHAINFO/MSHAINF4.HTM

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