Wages+and+Working+Conditions

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=Working and Wages Conditions Laws=

The Davis-Bacon and Related Acts (DBRA)
The Davis-Bacon Act of 1931 is a United States federal law which established the requirement for paying prevailing wages on public works projects. The act is named after its Republican sponsors, James J Davis, a Senator from Pennsylvania and a former Secretary of Labor under three presidents, and Representative Robert L. Bacon of Long Island, New York. The Davis-Bacon act was passed by Congress and signed into law by President Herbert Hoover on March 3, 1931.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.

Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) of 1938 is United States federal law that 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 Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor. All employees must be classified by their employer as either exempt or nonexempt for purposes of complying with the FLSA. There are a number of employment practices which FLSA does not regulate. For example, FLSA does not require:
 * 1) vacation, holiday, severance, or sick pay;
 * 2) meal or rest periods, holidays off, or vacations;
 * 3) premium pay for weekend or holiday work;
 * 4) pay raises or fringe benefits;
 * 5) a discharge notice, reason for discharge or immediate payment of final wages to terminated employees.

Minimum Wage and Overtime
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 and overtime pay of one-and-one-half-times the regular rate of pay. The federal minimum wage is $7.25 per hour effective July 24, 2009 – it was stared at 40 cents back in 1938. Many states also have minimum wage laws. Some state laws provide greater employee protections; employers must comply with both. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal to the extent that they reduce the wages of employees below the minimum rate required by FLSA or reduce the amount of overtime pay due under FLSA 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. Overtime Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days. The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked. Is always good to keep in mind that hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.

For information about Minimum Wage and Overtime Laws in the States visit: [|http://www.dol.gov/whd/minwage/america.htm]

Recordkeeping
Every covered employer must keep certain records for each non-exempt worker. The Act requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. The law requires this information to be accurate. The following is a listing of the basic records that an employer must maintain: These records must be kept for a minimum of two years.
 * Employee's full name and social security number.
 * Address, including zip code.
 * Birth date, if younger than 19.
 * Sex and occupation.
 * Time and day of week when employee's workweek begins.
 * Hours worked each day.
 * Total hours worked each workweek.
 * Basis on which employee's wages are paid (e.g., "$9 per hour", "$440 a week", "piecework")
 * Regular hourly pay rate.
 * Total daily or weekly straight-time earnings.
 * Total overtime earnings for the workweek.
 * All additions to or deductions from the employee's wages.
 * Total wages paid each pay period.
 * Date of payment and the pay period covered by the payment.

Youth Employment
The federal youth employment provisions, authorized by the Fair Labor Standards Act (FLSA) of 1938, also known as the child labor laws, were enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-being or educational opportunities.

Who is covered by the FLSA
The Fair Labor Standards Act (FLSA) protects more than 130 million workers in more than 7 million workplaces. There are two types of coverage under the FLSA.


 * Enterprise coverage:** If an enterprise is covered, all of the enterprise's employees are entitled to FLSA protection.


 * Individual coverage:** even if the enterprise is not covered, individual employees may be covered and entitled to FLSA protections.

To qualify for enterprise coverage, the "enterprise" must have at least two employees and must generate at lease $500,000 per year in business. For the purposes of the FLSA, enterprises include: Hospitals; Businesses providing medical or nursing care for residents;Schools; Preschools; and Federal, state, and local government agencies.

To qualify for individual coverage, the employee must be engaged in:Interstate commerce; Production of goods for commerce; Closely-related process or occupation directly essential such production; or Domestic service. As a general rule, almost every employee in the U.S. is covered by the FLSA.

Some examples of employees who may not be covered include:Employees working for small construction companies; Employees working for small independently owned retail or service businesses.

The following video by Constance Walters, Esq. gives an overview of FLSA. media type="youtube" key="HZoei1TveQc" height="340" width="560"

**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

media type="youtube" key="W8Gf2Wg1FJs" height="412" width="509" align="center"

**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 withsuch 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.

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

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

**Documents:**
Federal Mine Safety & Health Act of 1977.pdf

M.S.P.A (Official Web-site)
 ** The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ** protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures and recordkeeping. In order to legally operate as farm labor contractors, individuals and companies must register with the U.S. Department of Labor. There are special registration requirements for farm labor contractors that intend to house, transport, or drive a migrant or seasonal agricultural worker. Farm labor contractors and farm labor contractor employees who perform farm labor contractor activities must carry proof of registration and show it to workers, agricultural employers, agricultural associations, and any other person with whom they deal as contractors.

**Wages**
Agricultural associations, agricultural employers, and farm labor contractors must pay workers their wages when due, and give workers itemized, written statements of earnings for each pay period, including any amount deducted and the reasons for the deduction.

** Housing **
Each person or organization which owns or controls a facility or real property used for housing migrant workers must comply with federal and state safety and health standards. A written statement of the terms and conditions of occupancy must be posted at the housing site where it can be seen or be given to the workers.

** Transportation **
Agricultural associations, agricultural employers, and farm labor contractors must assure that vehicles used or caused to be used by a farm labor contractor, agricultural employer, or agricultural association to transport workers are properly insured, are operated by licensed drivers, and meet federal and state safety standards.

** Disclosure **
Employers must provide each migrant and seasonal day-haul worker with a written disclosure at the time of recruitment that describes the terms and conditions of his or her employment. When offering employment, the employer must provide such disclosure to all seasonal workers upon request. The disclosure must be written in the worker's language. The employer must also post in a conspicuous place at the job site a poster setting forth the rights and protections that the MSPA affords workers. A housing provider must post or present to each worker a statement of the terms and conditions of occupancy.

** Payroll records **
Each farm labor contractor, agricultural employer, and agricultural association that employs migrant or seasonal agricultural workers must make and keep the following records for each worker: Each farm labor contractor, agricultural employer, and agricultural association that employs migrant or seasonal agricultural workers must keep all payroll records for each worker for a period of three years. When a farm labor contractor employs migrant or seasonal agricultural workers for an agricultural employer, agricultural association, or other farm labor contractor, the employer must also provide these payroll records for each employee. The person receiving these records must maintain them for a period of three years.
 * Name, permanent address, and Social Security number
 * Basis on which wages are paid
 * Number of piecework units earned, if paid on a piecework basis
 * Number of hours worked
 * Total pay period earnings
 * Specific sums withheld and the purpose of each sum withheld
 * Net pay

** Employee Rights **
The MSPA provides migrant agricultural workers and day-haul seasonal agricultural workers the right to receive written notice of the terms and conditions of their employment when recruited. In addition, it provides seasonal workers the right to receive such notification upon the worker's request. The MSPA also requires employers of migrants and seasonal agricultural workers to adhere to the disclosed terms and conditions of employment. Certain exemptions and exclusions apply to these provisions. The MSPA gives migrant and seasonal agricultural workers the right to file a complaint with the Wage and Hour Division, 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.

** Penalties/Sanctions **
<span style="font-family: Arial,Helvetica,sans-serif; font-size: 10pt; line-height: 115%;">Violations of the MSPA may result in civil money penalties, back wage assessments, and revocations of certificates of registration. Violations may also result in civil or criminal actions instituted by the Department of Labor against any person found in violation of the Act. Civil money penalties up to $1,000 may be assessed for each violation. Criminal conviction for first time violators may result in one year in prison and a $1,000 fine; repeat convictions can result in up to three years in prison and $10,000 in fines. In addition, individuals whose MSPA rights have been violated may seek civil money damages in federal court. <span style="font-family: Arial,Helvetica,sans-serif;">[]