Filing a labor related complaint is a process that is determined by an individual’s specific area of concern. Filing a labor complaint is not restricted to the alleged victim of a workplace violation; anyone who has observed or has knowledge of a workplace violation can file a labor complaint. There are employment and labor laws dedicated to protect both employee and employer rights for almost every type of working situation. There are laws related to federal, state and local government personnel; laws overseeing individuals working on government contracts and sub-contracts; and there are laws governing private sector personnel, at http://jobsearchtech.about.com/od/labor_laws_2/Federal_Labor_and_Employment_Laws.htm.
MAJOR AREAS OF LABOR COMPLAINTS
The latest available data from one government agency shows a total of 93,727 labor charges filed in 10 areas of potential labor discrimination; see http://www1.eeoc.gov//eeoc/statistics/enforcement/charges.cfm?renderforprint=1. Across the various governmental agencies, the most common labor complaints involve alleged labor law violations covering the following issues:
Disabilities: Report to the Equal Employment Opportunity Commission (EEOC), http://www.eeoc.gov/
Employment Contracts: Report to National Labor Relations Board (NLRB), www.nlrb.gov/
Employment Discrimination: Report to EEOC, http://www.eeoc.gov/
Pensions and Benefits: Report to NLRB, www.nlrb.gov/
Sexual Harassment: Report to EEOC, http://www.eeoc.gov/
Wages and Overtime Pay: Report to Department of Labor, www.dol.gov/wecanhelp/howtofilecomplaint.htm
Workplace Disputes: List of resources at http://www.dol.gov/oasam/hrc/policies/dol-workplace-violence-program-appendices.htm#workplaceviolenceresources
Workplace Safety: Report to Occupational Safety and Health Administration, http://www.osha.gov
Workplace Injuries: Report to OSHA: http://www.osha.gov
Wrongful Termination: Report to either: http://www.eeoc.gov/ or www.nlrb.gov/ Helpful type of documentation to validate a complaint can be found at: http://www.nolo.com/legal-encyclopedia/wrongful-termination-gathering-documentation-32283.html
TOP AREA FOR LABOR COMPLAINTS
From amongst those areas of labor issues listed above; the one with the most reported complaints is the Wage and Overtime Pay arena. DOL is tasked with the enforcement of the country’s most prominent employee income protection laws, the Fair Labor Standards Act (FLSA). The FLSA mandates employers to pay hourly employees regular pay for the first 40 hours of weekly work and one-and-a-half times the regular pay for time worked in excess of 40 hours. Some employees, such as management and supervisors, may be exempt from the overtime rule.
DOL offers free assistance with filing a complaint related to wage and overtime pay. A person starts the labor complaint filing process by contacting DOL at 1-866-487-9243 or online at: www.wagehour.dol.gov. The type of information that the agency needs and the time allowance for filing is at: http://www.dol.gov/wecanhelp/howtofilecomplaint.htm. If the agency cannot resolve the issue, they will refer the filer to the appropriate organization or agency office that can help.