Employee Watch: Agencies Who Conduct Labor Investigations

In an ideal world, every worker is given his due but the reality is, most employers are concerned with profit rather than with people. Some employers would even go as far as trying to pay their employees below the minimum wage, not give overtime pay or commit many other labor violations within Employee Labor Law in an effort to keep the money for themselves.But every employee has inalienable rights protected by several federal and state laws some of which are:

• The right to a safe workplace
• The right to a work environment free from harassment
• The right to be protected against forms of discrimination such as age, disability, gender, race, nationality, etc.
• The right to fair pay – minimum wage, overtime pay, etc.
• The right to take a job-protected leave to give birth or care for a sick family member
• The right to some privacy in personal matters

These rights however, are too easily violated especially if the employee is desperate enough to keep the job even if it means getting paid less than provided for by law or working in unsafe place.

But even if these employees can’t protect themselves, there are various government agencies who conduct labor investigations on alleged employer violations. Some of these agencies who conduct labor investigations are:

• Occupational Safety and Health Administration (OSHA) – This was created under the Occupational Health and Safety Act in December 29, 1970. Its goal is to prevent work-related injuries, illnesses, and deaths by issuing and enforcing rules (called standards) for workplace safety and health.

Employees may direct their complaints about health and safety hazards in their workplace to the OHSA for appropriate labor investigation. Any emergency, fatality, or imminent life threatening situation may be reported at 1-800-321-OSHA (6742) or TTY 1-877-889-5627.

Employment Standards Administration (ESA)

The ESA is an enforcement and benefit delivery agency which protects the rights of American workers. There are four major programs under where employees may course their grievances:

• Wage and Hour Division (WHD) – Deals with violations regarding the Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act; the Family and Medical Leave Act; the Migrant and Seasonal Agricultural Worker Protection Act; the Employee Polygraph Protection Act; and, a number of employment standards and worker protections provided in the Immigration and Nationality Act.

• Office of Labor Relations - Management Standards – This protects certain rights of union members and resolves union member complaints concerning union officer elections, union trusteeships, and other matters pertaining to safeguards for union democracy.

• Office of Workers’ Compensation Programs – Provides assistance to certain workers, or their dependents or survivors as a result of work-related injury, disease, or death, through the provision of wage replacement and cash benefits, medical treatment, vocational rehabilitation, and other benefits.

• Office of Federal Contract Compliance Programs – It increases equal employment opportunities (EEO) for employees of Federal contractors and investigates complaints that involve groups of people or indicate patterns of discrimination.

• Equal Employment Opportunity Commission – It is an independent federal agency created by Congress in 1964 to eradicate discrimination in employment which has the authority to receive, initiate and investigate charges of discrimination filed against covered employers.

A lot of these federal agencies and programs can investigate labor complaints even without revealing the identity of the aggrieved employee to the abusive employer. Some of these agencies can also sue employers on behalf of employees after the investigation.