Secretary of Labor

In further recognition of Industry responsibilities, efforts were made through the American Textile Manufacturers Institute to develop a set of work practices for industry-wide application to diminish the exposure of individual employees to cotton dust hazards. The comprehensive and stringent series of work practices developed were consolidated into a printed booklet in 19730). This publication was distributed widely through the industry. In addition, an industry delegation called on the Secretary of Labor, urging that the recommended practices be established immediately as a mandatory OSHA standardO). This was not done. 

The DOL also has the right to seek an injunction, which means that the secretary of labor files a restraint prohibiting future violations of FLSA laws. Damages may include back pay (statute of limitations is 2 years for unintentional violations and 3 years for willful violations), penalties, attorney fees, and court costs. In a lawsuit, as opposed to an administrative audit by the DOL, employees generally collect back pay and liquidated damages in the amount of back pay (double damages). 

In 1970, Congress enacted the Occupational Safety and Health Act, which requires employers to provide safe and healthful working conditions for their employees. It authorized the Secretary of Labor to set mandatory occupational safety and health standards to protect employees. 

Requirement falling on certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers... coming to perform services unavailable in the United States. Labor certificor tion is awarded by the Secretary of Labor when there are insufficient numbers of U.S. workers available to undertake the employment sought by an applicant and when the alien s employment will not have an adverse ef-... 

When Congress passed the Occupational Safety and Health Act in 1970, to assure safe and healthful working conditions for working men and women, the Secretary of Labor was given the responsibility for implementing the Act. 

In the Act, the Congress directed the Secretary of Labor to pursue to inform employees to prescribe the use of labels or other appropriate forms of warning (Section 6(b)(7)). Resijonsibility for the implementation of the Act was delegated to the newly-formed Occupational Safety and Health Administration (OSHA) under the Department of Labor. OSHA s involvement in the generic approach to insure that employees are apprised of all hazards to which they are exposed (Section 6(b)(7)) and to identify all toxic and hazardous chemicals in the workplace, formally began in 1974. 

On October 17, 1979, the Chemical Manufacturers Association (CMA) filed for intervention in the suit, alleging that any court-ordered deadline may not allow the Secretary (of Labor) sufficient time (a) to consider the extent of his... 

The OSH Act directs the Secretary of Labor (OSHA) to prescribe the use of labels or other appropriate forms of warning and to ensure that employees are apprised of all hazards to which they are exposed Section 6(b)(7). 

On September 27, 1979, a suit was brought to direct OSHA to promulgate labeling requirements. The suit was intervened October 17, 1979. The Court determined that the Secretary of Labor should take whatever time was necessary to promulgate an appropriate labeling standard. 

Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee. 

Employers should avail themselves of the safety and health training programs provided by the Secretary of Labor. 

EPA was required to conduct a study of the availability of liability insurance prior to October 1, 1990 and to conduct a study of ACM in public buildings and commercial buildings prior to October 22, 1987 The Act created whistleblower protections for people who provide information relating to a potential violation of its provisions and delegated responsibility for conducting reviews of any such allegations to the Secretary of Labor. An asbestos ombudsman position was created to deal with complaints and grievances submitted by anyone with respect to the provisions of the Act. ... 

Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of subsection (a) of this section may, within 30 days after such alleged violation occurs, file (or have any person file on the employee s behalf) a complaint with the Secretary of Labor (hereinafter in this section referred to as the Secretary ) alleging such discharge or discrimination. Upon receipt of such a complaint. 

Any public or private employee or representative of employees who believes he or she has been fired or otherwise discriminated against in violation of subsection (a) of this section may within 90 days after the alleged violation occurs apply to the Secretary of Labor for a review of the firing or alleged discrimination. The review shall be conducted in accordance with section 660(c) of title 29. 

Not later than 18 months after October 28,1992, the Administrator shall, in consultation with the Secretary of Labor, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services... 

Section 405 of the Surface Transportation Assistance Act was enacted on January 6, 1983, and provides protection from reprisal by employers for truckers and certain other employees in the trucking industry involved in activity related to commercial motor vehicle safety and health. Secretary of Labor s Order No. 9-83 (48 Federal Register 35736, August 5, 1983) delegated to the Assistant Secretary of OSHA the authority to investigate and to issue findings and preliminary orders under Section 405. 

OSHA had not intended for this exemption to apply to tanks connected to a process. However, in the Meer Case (Secretary of Labor v. Meer Corporation) OSHA s interpretation was overturned. OSHA now proposes to include storage tanks that are connected to or that are within a process. 

Minors age 14 and 15 may work outside of school hours in various nonmanufacturing, nonmining, nonhazardous jobs listed by the secretary (of labor) in regulations, under the following conditions ... 

Employers covered by the Federal Fair Labor Standards Act (FLSA) are subject only to the Federal minimum wage and all applicable regulations. Employers not covered by the FLSA will be subject to a minimum wage that is at least 70 percent of the Federal minimum wage or the applicable mandatory decree rate, whichever is higher. The Secretary of Labor and Human Resources may authorize a rate based on a lower percentage for any employer who can show that implementation of the 70 percent rate would substantially curtail employment in that business. 

FNll. Report of the Secretary of Labor, The Older American Worker Age Discrimination in Employment 9 (1965) (hereinafter Report), EEOC, Legislative History of the Age Discrimination in Employment Aa 26 (1981) (hereinafter Legislative History). See also S.Rep. No. 95-493, p. 2 (1977), U.S.Code Cong. Admin.News 1978, pp. 504,505, Legislative History 435 ( Scientific research... indicates that chronological age alone is a poor indicator of ability to perform a job ). 

In 1965, the Secretary of Labor reported to Congress that despite these well-established medical facts there is persistent and widespread use of age limits in hiring that in a great many cases can be attributed only to arbitrary discrimination against older workers on the basis of age and regardless of ability. Two... 

Original introductory text There shall be established an Equal Employment Opportunity Coordinating Council (hereinafter referred to in this section as the Council) composed of the Secretary of Labor, the Chairman of the Equal Employment Opportunity Commission, the Attorney General, the Chairman of the United States Civil Service Commission, and the Chairman of the United States Civil Rights Commission, or their respective delegates.]... 

In the following excerptsfrom the Fair Labor Standards Act of1938, as amended, authority given to the Secretary of Labor is exercised by the Equal Employment Opportunity Commission for purposes of enforcing the Equal Pay Act of1963.]... 

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