Memoranda vs.memorandums3/29/2023 Each of these laws provides protections against retaliation for workers who complain of violations or exercise their rights under the applicable law. MSPA protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures, and recordkeeping. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Section 14(c) of the FLSA permits certain employers, when necessary to prevent the curtailment of employment opportunities, and subject to DOL/WHD certification, to pay sub- minimum wages to workers who have disabilities. It also requires that certain nursing mothers receive a “reasonable break time” to express breast milk in a place other than a bathroom. The FLSA establishes minimum federal standards for wages and hours of work, including requirements for the payment of overtime pay and of minimum wages. Agency Authorities And ResponsibilitiesĪmong other laws establishing worker protections, DOL/WHD enforces the FLSA, FMLA, MSPA, and worker protections provided in several temporary visa programs, including H-1B, H-2A, and H-2B which govern temporary employment of certain foreign workers. This MOU also does not limit or restrict the agencies from participating in similar activities or arrangements with other entities. Nothing in this MOU will be interpreted as limiting, superseding, or otherwise affecting the agencies’ normal operations or decisions in carrying out their statutory or regulatory duties, or duties under any Executive Order. This agreement will also encourage enhanced law enforcement and greater coordination between the agencies through information sharing, joint investigations and enforcement activity, training, education, and outreach.īy entering into this MOU, the agencies do not imply an endorsement or promotion by either agency of the policies, programs, or services of the other. ![]() The purpose of this MOU is to maximize and improve the enforcement of the federal laws administered by DOL/WHD and by the NLRB. Nothing in this MOU limits the NLRB’s enforcement of the NLRA. The NLRB is responsible for enforcing the National Labor Relations Act (the NLRA). ![]() Nothing in this MOU limits DOL/WHD’s enforcement of these statutes. ![]() Additionally, DOL/WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services. DOL/WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. This MOU agreement outlines procedures to be followed by both DOL/WHD and the NLRB in working together to address the need for information sharing, joint investigations and enforcement activity, training, education, and outreach between DOL/WHD and the NLRB.ĭOL/WHD enforces the Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. This MOU does not obligate and will not result in an exchange of funds, personnel, property, or services, or any kind of financial commitment. This MOU is a voluntary agreement that expresses the good-faith intentions of DOL/WHD and the NLRB, is not intended to be legally binding, does not create any contractual obligations, and is not enforceable by any party. This MOU is intended to memorialize this understanding between DOL/WHD and the NLRB. The agencies enter into this Memorandum of Understanding (MOU or agreement) to strengthen the agencies’ partnership through greater coordination in information sharing, joint investigations and enforcement activity, training, education, and outreach. ![]() The United States Department of Labor, Wage and Hour Division (hereinafter referred to as “DOL/WHD”) and the National Labor Relations Board (hereinafter referred to as NLRB) (collectively referred to as “the agencies” or “the parties”) recognize the value of enhancing our collaborative relationship to enhance and maximize the enforcement of the federal laws administered between the two agencies.
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