The Employment Standards Administration (ESA), which was eliminate Novenber 8, 2009, enforced compliance and monitors laws governing legally mandated equal employment opportunity, minimum wages and working conditions. ESA works with employers by giving technical assistance and training regarding proper administration of laws, including nondiscrimination, affirmative action, workers’ compensation, labor union standards, minimum wage, overtime and child labor.

The ESA is comprised of four divisions to enforce employment standards:

Office of Federal Contract Compliance Programs (OFCCP) is responsible for ensuring that employers working with the federal government are adhering to nondiscrimination policies and pursuing affirmative action policies. The reasoning is that employees paid with federal money should be given equal employment opportunity (EEO) and equal treatment. OFCCP enforces legislation by offering technical assistance to federal contractor and subcontractors to train them regarding regulations and requirements. This office also monitors and conducts compliance evaluations of all contractors working with the federal government. OFCCP investigates complaints, aids contractors in recruiting qualified workers and provides sanctions for violating the policies, such as disbarment from contracting with the government. OFCCP enforces five laws and regulations. Executive Order 11246 of 1965 prohibits discrimination in employment on the basis of race, color, gender, religion and national origin for contracts over $10,000. Federal contractors with contracts of $50,000 or more or fifty or more employees must implement affirmative action programs to provide EEO. Section 503 of the Rehabilitation Act of 1973 protects qualified individuals with disabilities from discrimination in all personnel practices and helps them gain employment through affirmative action programs. The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 extends OFCCP responsibility to veterans who served on active duty in any U.S. armed services who are disabled, Vietnam veterans, and recently discharged veterans. OFCCO also monitors the Immigration Reform and Control Act of 1986 by ensuring that employers maintain records of the citizenship status of employees. Finally, Title I of the Americans with Disabilities Act of 1990 provides for qualified individuals with disabilities protection against employment discrimination.

 

Office of Labor-Management Standards (OLMS) administers the regulations under the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). LMRDA regulations create standards for unions representing private industry employees and Federal employees. OLMS coordinates with labor organizations to create democratic components, such as a Bill of Rights for members and fair elections of union officers. It also aims to make unions fiscally responsible by maintaining requirements for transparency of financial information and administrative practices, while also safeguarding union funds and assets. Transit employees are also protected when federal funds are used improve or operate a transit system. OLMS ensures fair and equitable standards by the Department of Transportation’s Federal Transit Administration before funds are released. OLMS holds Compliance Assistance Seminars with labor unions to educate union members and to promote voluntary compliance with regulations.

 

Office of Workers’ Compensation Program (OWCP) is comprised of four programs concerning work-related disability compensation, benefits, treatment and rehabilitation. The Division of Federal Employees’ Compensation provides coverage to three million Federal and Postal workers for employment-related injury and disease. This program is funded by the agencies employing federal workers, and benefits include wage compensation, payment of medical bills and rehabilitation to re-enter the workforce. The Longshore and Harbor Workers’ Compensation Act extends protection for work-related injury to maritime workers in the waters of the U.S. or protecting U.S. defenses or interests internationally. The Division of Coal Mine Workers’ Compensation enforces the Black Lung Benefits Act that protects coal mine workers disabled by pneumoconiosis or other mine-related injuries. This division manages claims by miners and their families and payments due to injury, illness or death. The Energy Employees Occupational Illness Compensation program, founded in 2001, compensates Department of Energy workers and their families for disability, illness and death related to radiation, toxin and other exposures. By 2008, it had a backlog of 20,000 claims relating to cancer caused by workplace exposure to radiation and illness associated with beryllium, and 25,000 claims related to illnesses caused by toxic chemicals and nonradioactive materials.

Sick Nuclear Workers, Advocates Say Government Hasn’t Done Enough (by Frank Munger, Knox News)

 

Wage and Hour Division (WHD) enforces many national labor laws, including the Fair Labor Standards Act, the Davis-Bacon Act and the Service Contract Act to enforce national minimum wage, overtime work pay and standards for hours worked. The Family and Medical Leave Act allows employees to leave work for up to 12 workweeks of unpaid leave to care for family members who have serious health condition, for the birth and care of a newborn child, for employee medical leave or to take care of family members recuperating from serving in the armed services. The Migrant and Seasonal Agricultural Worker Protection Act protects temporary or migrant farm laborers. WHD also enforces regulations for farm laborers in general relating to child labor laws, employee rights and pay standards. This division also works with Immigration to maintain records of employee citizenship status.