Your Work: Paychecks and Paperwork

Many agencies inside of the federal government protect the interests of workers employed by private companies. Some protect us from workplace hazards and dangerous conditions on the job. Others assure us equal opportunity in employment applications, and equal access to employer sponsored healthcare.  The federal government regulates what kind of work and conditions minors can be legally exposed to and protects our right to take time off to care for loved ones.

Not everyone knows OSHA, the Wage and Hour Division or the National Labor Relations Board by name, but we all think about things like…

What if my job suddenly became more dangerous? Will I be given protective equipment? Will I get healthcare if I’m injured or become sick because of toxins or dangerous materials at my job? What if I see something dangerous at my job, will I get fired if I complain about it? What if I don’t get my overtime pay or the overtime rules change? What if my employer doesn’t pay the legal minimum wage? What if my employer withholds pay or doesn’t pay for a long time? Am I an employee or an independent contractor? How does this impact my rights to pay or benefits? What if a family member gets sick? Will I lose my job if I need to take time off to take care of them? Can I be fired for joining a union? Does my full-time employer have to provide healthcare benefits? What if I lose my job? How long will my health coverage last? Can my employer-sponsored health insurer deny me coverage if I have a pre-existing condition? Is my pension guaranteed to be there when I retire? What if I have a mental health issue, such as depression or ADHD, will my medication be covered? I can‘t afford college or trade school, how can I learn a skill? What if I want to start a business—but can’t get a loan? What if I have a valuable skill, but just don’t know how to manage my work as a business?

What if I get hurt because of dangerous equipment or materials on the job, will anyone be held responsible?

The Occupational Safety and Health Administration (OSHA), can inspect workplaces for hazards and fine employers who fail to comply with workplace health and safety standards. But, this enforcement is being cut through both budget cuts and staff reductions – which will lead to far fewer workplace inspections – and reductions in fines for health and safety violations.
The 2027 budget request again proposes big cuts to OSHA including reductions in staff, inspections, and safety standard setting.

I’ve been working a lot of hours lately, will I get my overtime pay?

The Department of Labor’s Wage and Hour Division enforces the Fair Labor Standards Act (FLSA). FLSA is the law that, among many other important things, requires employers to pay overtime rates to full-time workers who earn below a certain salary or hourly wage and are asked or required to work more than 40 hours per week. The base salary that makes workers eligible for overtime pay should be raised periodically to adjust for inflation. This enables more people to qualify for overtime pay. But, the current administration is not moving forward with a planned adjustment to the salary level of workers entitled to overtime pay. It remains to be seen if the Department of Labor will make further efforts to increase the threshold.
A planned increase in the minimum salary threshold for overtime has been in limbo since the DOL has declined to move forward with its own appeal of a ruling against it.

What support is available for me as I try to open and run my small business?

The small business administration (SBA) supports the 34 million small businesses in the US that employ 59 million people, and contribute 43% of our GDP. The SBA doesn’t just guarantee loans, they operate 900 field offices across the country and provide management and technology training, business planning advice, networking and advocacy for small business. But now, staff and budget cuts are putting these programs that are so important to American entrepreneurship at risk. And meanwhile, the Administration has threatened to close all SBA offices in urban centers whose mayors refuse to comply with non-related policies.
Proposed SBA cuts in the 2027 budget proposal include: A 67% budget cut, the elimination of entrepreneurial development programs, and, new fees to be raised from lenders, raising the costs of small business loans for everyone.

Can I be fired for joining a Union?  Does the boss or owner have to listen to employee concerns?

The National Labor Relations Board (NLRB) enforces the National Labor Relations Act which gives employees the right to form unions and collectively bargain with employers for better working conditions. Unionization results in better workplace safety, more reliable schedules and fairer wages. The NLRB ensures that workers are not retaliated against for joining unions and that agreements reached between unions and employers are not reneged on. But, there are major changes happening at the NLRB.
The administration has taken many actions to limit unionization rights and collective bargaining including, executive orders limiting the unionization rights of federal workers, and, leaving the NLRB without a quorum for months.

  

Numerous federal agencies promote employment and business formation and protect employee rights in the workplace. These include:

  • The Department of Labor (DOL). The DOL is the agency charged with enforcing our labor laws including the Fair Labor Standards Act, the Employee Retirement Income Security Act, the Equal Employment Opportunity Act, the Occupational Safety and Health Act.
  • DOL Wage and Hour Division (Wage and Hour). Wage and Hour enforces the Fair Labor Standards Act (FLSA) which regulates, among other things, the hours an employee can be required to work, the definitions of full and part-time work, and rights to receive overtime pay.
  • The Employee Benefit Security Administration (EBSA). EBSA enforces The Employee Retirement Income Security Act (ERISA), regulating more than $14 trillion in the retirement assets and healthcare plans. Deregulation will have a massive impact on how ERISA is enforced, how retirement assets can be invested, how much retirees can be charged in administrative fees and more.
  • The Small Business Administration (SBA). The SBA supports the 34 million small businesses that employ 59 million people and generate 43% of our GDP. The SBA operates more than 900 field offices, provides management training and counseling to small businesses across the country and advocates for the interests of small businesses. 
  • The Equal Employment Opportunity Commission (EEOC). The EEOC enforces the Equal Employment Opportunity Act, the law which makes it illegal for employers to discriminate on the basis of age, sex, race, religion and national origin not only in hiring, but also in promotions, training and wages and benefits.
  • The National Labor Relations Board (NLRB). The NLRB enforces the National Labor Relations Act which protects the rights of private sector employees to form and join unions and collectively bargain for better working conditions. The NLRB also adjudicates disputes between employers and unions. 

Cuts and priority changes at all of these agencies put fair pay, overtime, unionization rights, worker safety, retirement benefits and American entrepreneurship at risk.

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