Workforce and Labor Policy: Resources for
September 16, 2022
Congressional Staff
Abigail R. Overbay,
This report serves as a starting point for congressional staff assigned to cover issues related to
Coordinator
federal workforce and labor programs and policies. The report outlines federal workforce and
Senior Research Librarian
labor programs and benefits, congressional committees of jurisdiction, statistical sources, laws,
regulations, and other sources of data. It also provides links to relevant Congressional Research
Tamar B. Breslauer
Service (CRS) products and other resources that describe federal workforce and labor programs
Senior Research Librarian
and benefits.
**SUMMARY TO BE SUPPRESSED**
Ellen M. Lechman
Research Librarian
Labor; workforce; unemployment; employment; workforce development; Department of Labor;
DOL; Equal Employment Opportunity; EEOC; Fair Labor Standards; Minimum Wage;
Overtime; Child Labor; Records; Family and Medical Leave; Prevailing Wage; Davis Bacon and Related Acts; Wals h-
Healey Public Contracts; McNamara-O’Hara Service Contract Act; Pay Equity; Equal Pay Act; Workforce Innovation and
Opportunity Act; WIOA; Trade Adjustment Assistance for Workers; TAA; Work Opportunity Tax Credit; WOTC;
Apprenticeship Programs; Worker Safety; Occupational Safety and Health; OSHA; Mine Safety and Health; MSHA; Black
Lung; Workers Compensation; Workers Comp; Unemployment Insurance; UI; Unemployment Compensation; SSA Select
titles; FUTA; SUTA; Worksharing; Short Term Compensation; Labor Relat ions; Labor Unions; Railway Labor Act; Rail
Employees; Air Employees; National Labor Relations Act; Private Sector; Federal Service Labor-Management Relations;
Federal Enforcement of Worker Discrimination Protections; Civil Rights Act; race, color, religio n, sex, or national origin;
Equal Pay Act of 1963; pay equity; Fair Pay Act; Sex Discrimination; Gender Discrimination; Age Discrimination in
Employment; ADEA; Americans with Disabilities; ADA; Rehabilitation Act; prohibit discrimination against individuals with
disabilities; Genetic Information Nondiscrimination; GINA; coronavirus; covid -19; COVID
Congressional Research Service
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Contents
Purpose and Scope .......................................................................................................... 1
Introduction to Workforce and Labor Policy ........................................................................ 1
The Federal Government’s Role in Workforce and Labor Policy ....................................... 1
Committees of Jurisdiction.......................................................................................... 2
Federal Agencies ....................................................................................................... 6
Budget and Appropriations.......................................................................................... 8
Federal Role in Labor Standards........................................................................................ 9
Minimum Wage (FLSA) ............................................................................................. 9
Overview ............................................................................................................ 9
Laws .................................................................................................................. 9
Regulations ......................................................................................................... 9
More Information ................................................................................................. 9
Overtime (FLSA) .................................................................................................... 10
Overview .......................................................................................................... 10
Laws ................................................................................................................ 10
Regulations ....................................................................................................... 10
More Information ............................................................................................... 10
Child Labor (FLSA)................................................................................................. 11
Overview .......................................................................................................... 11
Laws ................................................................................................................ 11
Regulations ....................................................................................................... 11
More Information ............................................................................................... 11
Records and Reporting (FLSA).................................................................................. 12
Overview .......................................................................................................... 12
Laws ................................................................................................................ 12
Regulations ....................................................................................................... 12
More Information ............................................................................................... 12
Family and Medical Leave (FMLA) ........................................................................... 12
Overview .......................................................................................................... 12
Laws ................................................................................................................ 13
Regulation......................................................................................................... 13
More Information ............................................................................................... 13
Prevailing Wages (Davis Bacon Act; Walsh-Healey Act; Service Contract Act) ................. 14
Overview .......................................................................................................... 14
Laws ................................................................................................................ 14
Regulations ....................................................................................................... 14
More Information ............................................................................................... 14
Federal Support for Workforce Development and Employment Services................................ 15
Workforce Innovation and Opportunity Act ................................................................. 15
Adult and Dislocated Worker Activities ................................................................. 15
Youth Programs ................................................................................................. 15
Laws ................................................................................................................ 16
Regulations ....................................................................................................... 16
More Information ............................................................................................... 16
Trade Adjustment Assistance for Workers.................................................................... 17
Overview .......................................................................................................... 17
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Laws ................................................................................................................ 17
Regulations ....................................................................................................... 17
More Information ............................................................................................... 17
Work Opportunity Tax Credit .................................................................................... 18
Overview .......................................................................................................... 18
Laws ................................................................................................................ 18
Regulations ....................................................................................................... 18
More Information ............................................................................................... 18
Apprenticeship Programs .......................................................................................... 18
Overview .......................................................................................................... 18
Laws ................................................................................................................ 19
Regulations ....................................................................................................... 19
More Information ............................................................................................... 19
Federal Support for Worker Safety and Health ................................................................... 19
Occupational and Mine Safety and Health ................................................................... 19
Occupational Safety and Health ............................................................................ 19
Mine Safety and Health ....................................................................................... 20
Laws ................................................................................................................ 20
Regulations ....................................................................................................... 20
More Information ............................................................................................... 20
Workers’ Compensation............................................................................................ 21
Workers’ Compensation for Federal Employees ...................................................... 21
Workers’ Compensation for Longshore and Harbor Workers ..................................... 21
Black Lung Program ........................................................................................... 21
Special Benefit Programs .................................................................................... 21
Laws ................................................................................................................ 22
Regulations ....................................................................................................... 22
More Information ............................................................................................... 22
Whistleblower Protections ........................................................................................ 23
Overview .......................................................................................................... 23
Laws ................................................................................................................ 23
Regulations ....................................................................................................... 23
More Information ............................................................................................... 23
Federal Role in Income Support for Workers ..................................................................... 23
Unemployment Insurance (UI) .................................................................................. 23
Regular Unemployment Compensation .................................................................. 23
Other Federal UI Programs .................................................................................. 24
UC Financing .................................................................................................... 24
Laws ................................................................................................................ 24
Regulations ....................................................................................................... 25
More Information ............................................................................................... 25
Work Sharing and Short-Time Compensation............................................................... 25
Overview .......................................................................................................... 25
Laws ................................................................................................................ 26
Regulations ....................................................................................................... 26
More Information ............................................................................................... 26
Protections for Employee Benefits ............................................................................. 26
Overview .......................................................................................................... 26
Laws ................................................................................................................ 26
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Regulations ....................................................................................................... 27
More Information ............................................................................................... 27
Federal Role in Labor Relations and Labor Unions............................................................. 27
National Labor Relations Act (Private-Sector Employees).............................................. 27
Overview .......................................................................................................... 27
Laws ................................................................................................................ 27
Regulations ....................................................................................................... 27
More Information ............................................................................................... 28
Railway Labor Act (Rail and Airline Employees) ......................................................... 28
Overview .......................................................................................................... 28
Laws ................................................................................................................ 28
Regulations ....................................................................................................... 28
More Information ............................................................................................... 28
Federal Service Labor-Management Relations Statute (Federal Employees) ..................... 28
Overview .......................................................................................................... 28
Laws ................................................................................................................ 29
Regulations ....................................................................................................... 29
More Information ............................................................................................... 29
Federal Enforcement of Worker Discrimination Protections ................................................. 29
Civil Rights Act (Title VII) (Race, Color, Religion, Sex, or National Origin) .................... 29
Overview .......................................................................................................... 29
Laws ................................................................................................................ 30
Regulations ....................................................................................................... 30
More Information ............................................................................................... 30
Equal Pay ............................................................................................................... 31
Overview .......................................................................................................... 31
Laws ................................................................................................................ 31
Regulations ....................................................................................................... 31
More Information ............................................................................................... 31
Age Discrimination in Employment............................................................................ 32
Overview .......................................................................................................... 32
Laws ................................................................................................................ 32
Regulations ....................................................................................................... 32
More Information ............................................................................................... 32
Employment Discrimination Against Individuals with Disabilities .................................. 32
Overview .......................................................................................................... 32
Laws ................................................................................................................ 33
Regulations ....................................................................................................... 33
More Information ............................................................................................... 33
Tables
Table 1. Committees of Jurisdiction ................................................................................... 3
Table 2. Selected Department of Labor Agencies and Other Federal Agencies Involved in
Labor and Workforce Policy........................................................................................... 6
Table 3. Selected Labor-Related Budget Documents for FY2023 ............................................ 8
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Table A-1. Labor Force Statistics Sources ......................................................................... 34
Appendixes
Appendix. Labor Force Statistics Sources ......................................................................... 34
Contacts
Author Information ....................................................................................................... 37
Congressional Research Service
Workforce and Labor Policy: Resources for Congressional Staff
Purpose and Scope
This report serves as a starting point for congressional staff assigned to cover issues related to
federal workforce and labor programs and policies. The report outlines federal workforce and
labor programs and benefits, congressional committees of jurisdiction, statistical sources, laws,
regulations, and other sources of data. It also provides links to relevant Congressional Research
Service (CRS) products and other resources that describe federal workforce and labor programs
and benefits.
This report focuses primarily on major workforce and labor programs, including those supporting
the federal government’s role in labor standards (e.g., minimum wage rates, overtime pay),
workforce development and employment services, worker safety and health, income support for
workers (e.g., unemployment insurance, pension benefits), labor relations, and labor unions. The
report also includes information on the federal government’s role in the enforcement of worker
discrimination protections. The report does not attempt to be an exhaustive resource. It does not
include information on several of the more discretely focused federal workforce or labor areas,
such as veterans’ employment and training, or on some other federal programs that support access
to higher education (with the potential to affect labor force outcomes), such as Pel Grants.
Additional y, the report does not cover worker health care benefits, Social Security, or Social
Security Disability Insurance (SSDI) worker benefits. CRS reports on several of these topics and
other workforce or labor-related topics are available on the CRS.gov website.1
Introduction to Workforce and Labor Policy
The Federal Government’s Role in Workforce and Labor Policy
Congress has a long and ongoing interest in establishing labor protections and benefits at the
federal level, tracing back to the enactment of foundational federal labor laws—such as the Fair
Labor Standards Act and the National Labor Relations Act—in the early 20th century. The federal
government has a role in numerous aspects of workforce and labor policy by administering and
enforcing laws that cover mil ions of workers. The federal government supports workers, job
seekers, and retirees by connecting individuals with skil s and jobs and by safeguarding working
conditions, health and retirement benefits, and employee pay.
The federal government engages in enforcement and compliance activities by administering the
following programs, standards, and protections:2
Worker Protection: The federal government administers federal laws that establish standards
related to wages (e.g., minimum wage rates, overtime pay), certain types of unpaid leave, and
occupational safety affecting most of the private- and public-sector workforce. The
Department of Labor (DOL) also administers targeted protections for workers in certain
occupations (e.g., miners, agricultural workers, domestic service workers).
Income Support: The federal government oversees the administration of income support
programs for individuals facing periods of unemployment. Federal law provides broad
requirements regarding unemployment compensation (UC) benefits and financing; however,
1 T he Library of Congress provides public access to Congressional Research Service (CRS) reports at
https://crsreports.congress.gov/.
2 Based on CRS In Focus IF10975, Major Functions of the U.S. Department of Labor.
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each state administers its UC programs under specific state laws. Additional y, the federal
government oversees the administration of income support programs for individuals suffering
work-related injuries. Final y, the government oversees insured private defined-benefit
pension plans.
Workforce Development and Training: The federal government, via DOL, provides state
grants to provide training and related services for jobseekers and assists these individuals
with securing work. DOL also administers workforce development programs and services for
targeted populations (e.g., veterans, trade-affected workers).
Labor Statistics and Research: The Bureau of Labor Statistics (BLS) is the principal federal
agency responsible for measuring labor market activity, such as employment and wages,
working conditions (e.g., injuries, il nesses), and economic price changes. BLS collects,
analyzes, and disseminates economic information to support public and private efforts,
including legislative decisions. Additional y, the U.S. Census Bureau collects and publishes
selected labor force statistics. See Table A-1 for more information on labor force data
sources.
Enforces Protections Against Employment Discrimination: The federal government
establishes and enforces federal laws that make it il egal to discriminate against job applicants
or employees on the basis of race, color, religion, sex (including pregnancy, gender identity,
and sexual orientation), national origin, age (40 years of age or older), disability, or genetic
information. The federal government also enforces laws that make it il egal for employers to
discriminate against a person because the person complained about discrimination, filed a
charge of discrimination, or participated in an employment discrimination investigation or
lawsuit.
Labor Representation and Collective Bargaining: The federal government enforces laws that
recognize the employees’ rights to engage in collective bargaining and have union
representation. These federal laws also seek to prevent and/or mediate labor-management
disputes for private-sector workers, federal workers, and workers in railroad or airline
industries.
Although the federal government has a key role in enforcing labor policy, some enforcement
happens at the state or local level. Depending on the federal law, states may establish labor laws
that are more protective of employees than the federal law. For example, individual states may
establish minimum wage rates that are higher than the federal rate, or states may establish
occupational safety laws that are more protective of employees.3
Committees of Jurisdiction
Committee jurisdiction is determined by various factors, including rules, agreements, and
precedent. Many committees play a role in legislation or oversight of labor and workforce
programs and activities.4 Table 1 lists committees in the 117th Congress whose jurisdiction aligns
with the scope of workforce and labor policies covered in this report, based on language from
each committee’s website.
3 For more information, see the Department of Labor, Wage and Hour Division, “ State Labor Laws,” at
https://www.dol.gov/agencies/whd/state.
4 According to CRS Report RS20544, The Office of the Parliamentarian in the House and Senate, the House and
Senate Parliamentarians “recommend the referral of most measures to committee, acting on behalf of the Speaker of the
House or the presiding officer of the Senate. T hey refer measures on the basis of House and Senate rules and
precedents that define committee jurisdictions.”
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Table 1. Committees of Jurisdiction
Full Committee
Education-Related
Subcommittee
Committee
Jurisdictiona
Subcommitteesb
Jurisdiction
House Committees and Subcommittees
House Appropriations
Appropriations measures
Subcommittee on Labor,
Appropriations for
Health and Human
the Department of Labor
Services, Education, and
and related
Related Agencies
agencies/programs
House Budget
Responsible for
No subcommittees
No subcommittees
concurrent budget
resolution, which
establishes congressional
priorities for 20 functional
categories (including
Education, Training,
Employment, and Social
Services)
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Full Committee
Education-Related
Subcommittee
Committee
Jurisdictiona
Subcommitteesb
Jurisdiction
House Education and
Jurisdiction over
Subcommittee on Health,
Matters dealing with
Laborc
labor initiatives,
Employment, Labor, and
employers and
including job training
Pensions
employees, the National
and retirement
Labor Relations Act, the
security for workers.
Labor-Management
Labor issues include the
Relations Act, and the
fol owing:
Labor-Management
Reporting and Disclosure
Pension and
Act; Bureau of Labor
retirement security
Statistics; employment-
for U.S. workers
related health and
Access to quality
retirement security,
health care for
including the Employee
working families and
Retirement Income
other employee
Security Act
benefits
Job training, adult
education, and
workforce
development
initiatives, including
those under the
Workforce
Innovation and
Opportunity Act
(P.L. 113-128), to
help local
communities train
and retrain workers
Protecting the right
to organize and
col ectively bargain
Worker health and
safety, including
occupational safety
and health
Equal employment
opportunity and civil
rights in employment
Wages and hours of
labor, including the
Fair Labor Standards
Act
Expanding sick,
family, and medical
leave
Al matters dealing
with relationships
between employers
and employees
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Full Committee
Education-Related
Subcommittee
Committee
Jurisdictiona
Subcommitteesb
Jurisdiction
Subcommittee on Higher
Workforce development,
Education and Workforce
including the Workforce
Investment
Innovation and
Opportunity Act;
vocational rehabilitation;
and workforce
development programs
from immigration fees
Subcommittee on
Wages and hours of
Workforce Protections
workers, including, but
not limited to, the Davis-
Bacon Act, Walsh-Healey
Act, the Service Contract
Act, and the Fair Labor
Standards Act; workers’
compensation; the Family
and Medical Leave Act;
and workers’ health and
safety
Subcommittee on Civil
Matters relating to equal
Rights and Human
employment
Services
opportunities and civil
rights general y
House Ways and Means
Tax- and revenue-related
Subcommittee on
Tax- and revenue-related
issues, including
Worker and Family
issues
unemployment insurance
Support
Senate Committees and Subcommittees
Senate Appropriations
Appropriations measures
Subcommittee on Labor,
Appropriations for
Health and Human
the Department of Labor
Services, Education, and
and related
Related Agencies
agencies/programs
Appropriations
Senate Budget
Responsible for
No subcommittees
No subcommittees
concurrent budget
resolution, which
establishes congressional
priorities for 20 functional
categories (including
Education, Training,
Employment, and Social
Services)
Senate Finance
Tax and revenue
Social Security, Pensions,
d
provisions, including
and Family Policy
shared or sole jurisdiction
over certain activities of
the Department of Labor
and the Pension Benefit
Guaranty Corporation
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Full Committee
Education-Related
Subcommittee
Committee
Jurisdictiona
Subcommitteesb
Jurisdiction
Senate Health, Education,
Measures related to labor,
Subcommittee on
Workforce education and
Labor, and Pensions
including child labor,
Employment and
training, worker health
convict labor, equal
Workplace Safety
and safety, wage and hour
employment activity,
laws, and workplace
labor standards and
flexibility
statistics, mediation and
arbitration of labor
disputes, occupational
safety and health, private
pension plans, railway
labor and retirement,
regulation of foreign
laborers, wages, and
hours of labor
Source: Compiled by the Congressional Research Service (CRS). Language describing jurisdiction is excerpted
from committee websites.
a. For more information on committee jurisdiction, see the committee websites.
b. The “Subcommittee Jurisdiction” column provides selected labor-related jurisdiction information for each
subcommittee; see subcommittee websites for ful subcommittee jurisdiction information.
c. The House Education and Labor Committee has also gone by the name “Education and Workforce” in past
congressional sessions.
d. Subcommittee jurisdiction is not described on the Senate Finance committee website as of August 2022.
Federal Agencies
DOL is the primary federal Cabinet agency responsible for administering and enforcing federal
laws that cover the “workplace activities for about 150 mil ion workers and 10 mil ion
workplaces.”5 Major DOL subagencies are responsible for diverse functions that support worker
health and safety, benefits, and other labor rights.
Other federal agencies have important roles in supporting federal labor and workforce policy. For
example, several independent federal agencies enforce laws that recognize the right of employees
to engage in collective bargaining and have union representation. Final y, federal agencies
enforce federal laws that make it il egal to discriminate against job applicants or employees.
Table 2 lists selected DOL agencies, Department of Education (ED) agencies, and several
independent federal agencies involved in labor and workforce policy; it also provides an excerpt
from each agency’s purpose statement.
Table 2. Selected Department of Labor Agencies and Other Federal Agencies
Involved in Labor and Workforce Policy
Agency
Purpose
Bureau of Labor Statistics (DOL)
Col ects, analyzes, and disseminates labor and
economic information
Employment Benefits Security Administration (DOL)
Educates and assists workers, retirees, and family
covered by retirement plans, health plans, and other
welfare benefit plans
5 U.S. Department of Labor (DOL), “About Us: Summary of the Major Laws of the Department of Labor,” at
https://www.dol.gov/general/aboutdol/majorlaws.
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Agency
Purpose
Employment and Training Administration (DOL)
Supports job training, employment, labor market
information, and income maintenance through state and
local workforce development systems under the
Workforce Innovation and Opportunity Act
Mine Safety and Health Administration (DOL)
Supports and enforces safety and health rules for U.S.
mines to prevent death, injury, or il ness
Occupational Safety and Health Administration (DOL)
Supports and enforces the Occupational Safety and
Health Act to assure safe and healthy working
conditions for workers
Office of Workers’ Compensation Programs (DOL)
Protects the interests of workers who are injured or
become il on the job, their families, and their
employers through programs that provide workers’
compensation benefits for federal workers, maritime
workers, coal miners, construction workers,
transportation workers, and nuclear weapons workers
Wage and Hours Division (DOL)
Supports and enforces the federal minimum wage,
overtime, recordkeeping, and child labor requirements
of the Fair Labor Standards Act
Office of Career, Technical, and Adult Education (ED)
Administers and coordinates ED programs related to
adult education and literacy, career and technical
education, and community col eges
Rehabilitative Services Administration (ED)
Supports state and other agencies that provide
vocational rehabilitation and other services to
individuals with disabilities
Pension Benefit Guaranty Corporation
Protects retirement security and retirement income of
private-sector workers, retirees, and families
National Labor Relations Board
Protects rights of private-sector employees to organize
as part of a union under col ective bargaining
agreements. Investigates unfair labor practices
committed by private-sector employers and unions
Federal Labor Relations Authority
Protects the col ective bargaining rights of federal
employees
National Mediation Board
Protects the col ective bargaining rights of railway and
airline employees
Equal Employment Opportunity Commissiona
Enforces federal laws that make it il egal to discriminate
against job applicants or employees on the basis of
race, color, religion, sex (including pregnancy,
transgender status, and sexual orientation), national
origin, age (40 years of age or older), disability, or
genetic information.
Source: Prepared by CRS based on information from DOL.gov; ED.gov; PBGC.gov; NLRB.gov; FLRA.gov;
NMB.gov; and EEOC.gov.
Notes: DOL = Department of Labor. ED = Department of Education.
a. Federal employees also are protected against employment discrimination. A federal employee or job
applicant can file a complaint with equal employment opportunity counselors located at the agency where
the employee works.
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Budget and Appropriations
Federal law requires the President to submit an annual budget to Congress. The budget informs
Congress of the President’s overal federal fiscal policy based on current law that establishes
spending levels, revenues, and deficit (or surplus) levels. In addition to providing an overarching
fiscal framework, the budget request lays out the President’s relative priorities for many federal
programs. Although the President is not required to propose legislative changes for those parts of
the budget that are governed by permanent law, the legislative changes that are proposed are
general y included in the budget.6
For more information on budget and appropriations, based on the most recent President’s budget
request, see
Office of Management and Budget (OMB), The President’s Budget for Fiscal
Year 2023
OMB, Department of Labor, FY2023 (excerpt from The Budget for Fiscal Year
2023)
In addition to OMB budget materials, individual agencies issue annual congressional budget
justifications. These justifications provide budget information by program for programs funded
through the annual appropriations process, as wel as narratives that explain the programs and
their activities. Table 3 provides links to the most recently published justifications.
The President’s Budget recommends spending levels which are considered by Congress.
However Congress enacts, and the President signs into law, legislation that actual y provides the
funding. Mandatory spending is controlled through authorizing laws and is considered on an as-
needed basis. In contrast, discretionary spending is controlled through an annual process and is
divided among 12 appropriations bil s.7
Table 3. Selected Labor-Related Budget Documents for FY2023
Budget Websites and
Agency
Appropriations Bill
Documents
Department of Education
Labor-HHS-ED
ED FY2023 Budget Home
ED FY2023 Budget Summary Table
Department of Labor
Labor-HHS-ED
DOL FY2023 Budget Home
DOL FY2023 Budget Summary
Table
Equal Employment Opportunity
CJS
EEOC FY2023 Budget
Commission
Federal Labor Relations Authority
FSGG
FLRA FY2023 Budget
National Labor Relations Board
Labor-HHS-ED
NLRB FY2023 Budget
National Mediation Board
Labor-HHS-ED
NMB FY2023 Budget
Pension Benefit Guaranty
Labor-HHS-EDa
PBGC FY2023 Budget
Corporation
6 T his section was adapted from CRS Report 98-721, Introduction to the Federal Budget Process. Consult the report
for more guidance about the federal budget process.
7 For further information, see CRS Report R44582, Overview of Funding Mechanisms in the Federal Budget Process,
and Selected Exam ples.
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Workforce and Labor Policy: Resources for Congressional Staff
Source: Prepared by CRS from information on agency websites as of May 18, 2022.
Notes: Labor-HHS-ED refers to the Labor, Health and Human Services, Education, and Related Agencies
appropriations bil . FSGG refers to the Financial Services and General Government bill. CJS refers to the
Commerce, Justice, Science, and Related Agencies bil .
a. The Pension Benefit Guaranty Corporation (PBGC) is required by law to be self-supporting and has
authority to expend its trust funds on benefit payments and administrative costs (29 U.S.C. 1305).
(Amounts for program administration are specified in the annual Labor-HHS-ED appropriations bil .) The
multiemployer Special Financial Assistance Program established by the American Rescue Plan Act of 2021
(P.L. 117-2, §9704) is funded in that law by transfers from the General Fund of the Treasury that are
deposited in a separate trust fund. With the exception of this program, al other activities of the PBGC are
funded by its other trust funds, which comprise premium col ections, the assets of terminated single-
employer trustee plans, and proceeds from trust fund investments. For more information, see CRS Report
95-118, Pension Benefit Guaranty Corporation (PBGC): A Primer.
Federal Role in Labor Standards
Minimum Wage (FLSA)
Overview
The Fair Labor Standards Act (FLSA), enacted in 1938, is the federal legislation that establishes
the minimum hourly wage paid to al covered workers. FLSA’s minimum wage provisions have
been amended numerous times since 1938, typical y to expand coverage or raise the wage rate.
The most recent change was enacted in 2007 (P.L. 110-28), which increased the minimum wage
to its current level of $7.25 per hour.8
In addition to setting the federal minimum wage rate, the FLSA provides for exemptions and
subminimum wage categories for certain classes of workers and types of work. Even with these
exemptions, the FLSA minimum wage provisions stil cover the vast majority of the workforce.
The FLSA also created the Wage and Hour Division (WHD), within DOL, to administer and
enforce the act.9
Laws
The principal federal law related to minimum wage is the Fair Labor Standards Act, Section 6, as
amended, as codified in the U.S. Code at 29 U.S.C. §206.
Regulations
Most federal regulations related to the minimum wage appear in Title 29, Part 785 of the Code of
Federal Regulations; see 29 C.F.R. §§785.1-785.50.
More Information
CRS Report R43089, The Federal Minimum Wage: In Brief
CRS Report R44667, The Federal Minimum Wage: Indexation
8 Pursuant to the Fair Labor Standards Act (FLSA), state laws that provide stronger worker protections or more
expansive benefits, such as a higher minimum wage, will supersede the federal law. Many states have minimum wage
rates above the federal rate of $7.25 per hour. For more information on state minimum wage rates, see CRS Report
R43792, State Minim um Wages: An Overview.
9 T his overview was adapted from CRS Report R43089, The Federal Minimum Wage: In Brief.
Congressional Research Service
9
Workforce and Labor Policy: Resources for Congressional Staff
CRS Report R43792, State Minimum Wages: An Overview
CRS Report R44706, State Minimum Wage Ballot Measures: In Brief
U.S. Department of Labor, Wage and Hour Division, Minimum Wage
U.S. Department of Labor, Employment Law Guide, Wages and Hours Worked:
Minimum Wage and Overtime Pay
U.S. Department of Labor, Wage and Hour Division, Guidance: Questions and
Answers About the Minimum Wage
U.S. Department of Labor, Wage and Hour Division, Minimum Wage Laws in
the States
Overtime (FLSA)
Overview
The FLSA is the main federal legislation that establishes general wage and hour standards for
most, but not al , private- and public-sector employees. Among other protections, the FLSA
establishes that covered nonexempt employees must be compensated at one-and-a-half times their
regular rate of pay for each hour worked over 40 hours in a workweek.
The FLSA also establishes certain exemptions from its general labor market standards. One of the
major exemptions in the FLSA’s overtime provisions is for bona fide “executive, administrative,
and professional” employees (the “EAP” or “white collar” exemptions). The FLSA grants
authority to the Secretary of Labor to define and delimit the EAP exemption “from time to time.”
To qualify for this exemption from the FLSA’s overtime pay requirement, an employee must be
salaried (the “salary basis” test); must perform specified executive, administrative, or professional
duties (the “duties” test); and must earn above a salary level threshold (the “salary level” test). In
addition, the FLSA provides overtime exemptions for general classes of workers (e.g.,
agricultural workers), more narrow exemptions (e.g., employees in motion picture theaters), and
partial exemptions (e.g., firefighters).10
Laws
The principal federal law related to overtime is the Fair Labor Standards Act, Section 7, as
amended, codified in the U.S. Code at 29 U.S.C. §207.
Regulations
Most federal regulations related to overtime appear in Title 29, Part 785 of the Code of Federal
Regulations; see 29 C.F.R. §§785.1-785.50.
More Information
CRS Report R44138, Overtime Provisions in the Fair Labor Standards Act
(FLSA): Frequently Asked Questions
CRS Report R45007, Overtime Exemptions in the Fair Labor Standards Act for
Executive, Administrative, and Professional Employees
10 T his overview was adapted from CRS Report R44138, Overtime Provisions in the Fair Labor Standards Act (FLSA):
Frequently Asked Questions.
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
U.S. Department of Labor, Wage and Hour Division, Overtime Pay
U.S. Department of Labor, Wage and Hour Division, Guidance: Questions and
Answers about Overtime Pay
U.S. Department of Labor, Employment Law Guide, Wages and Hours Worked:
Minimum Wage and Overtime Pay
Child Labor (FLSA)
Overview
The FLSA defines and prohibits the employment of “oppressive child labor” in the United States.
The act establishes a general minimum age of 16 years for employment in nonhazardous
occupations and a minimum age of 18 years for employment in any occupation determined by the
Secretary of Labor to be hazardous to the health or wel -being of minors. However, children
younger than 16 years of age may work, including in some hazardous forms of work, if certain
conditions are met.11
Labor requirements for agricultural and nonagricultural employment vary significantly. States
also may impose more stringent requirements.12
Laws
Laws addressing oppressive child labor in the Fair Labor Standards Act are codified in several
sections of the U.S. Code at 29 U.S.C. §203(l); 29 U.S.C. §212; and 29 U.S.C. §213(c).
Regulations
Most federal regulations related to child labor appear in Title 29, Part 570 of the Code of Federal
Regulations; see 29 C.F.R. §§570.1-570.142.
More Information
CRS Report R44548, The Fair Labor Standards Act (FLSA) Child Labor
Provisions
U.S. Department of Labor, Wage and Hour Division, Child Labor Overview
U.S. Department of Labor, Wage and Hour Division, YouthRules! (Young
Worker Toolkit)
U.S. Department of Labor, Wage and Hour Division, Child Labor Bulletin No.
101 (occupational requirements for nonagricultural employment)
U.S. Department of Labor, Wage and Hour Division, Child Labor Bulletin No.
102 (occupational and hours limitations for agricultural employment for minors)
U.S. Department of Labor, Wage and Hour Division, State Child Labor Laws
11 T his overview was adapted from CRS Report R44548, The Fair Labor Standards Act (FLSA) Child Labor
Provisions.
12 All states have child labor laws, compulsory schooling requirements, and other laws that govern children’s
employment and activities. Pursuant to the FLSA, state laws that impose more stringent worker protections will
supersede the federal law.
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
Records and Reporting (FLSA)
Overview
The FLSA requires every covered employer to keep certain records for each covered and
nonexempt worker.13 Although the FLSA does not require a particular form, the records must
include employee information, including hours worked and wages. Required information also
includes employee name, social security number, address, birth date (if younger than 19 years of
age), sex, occupation, workweek schedule, total daily or weekly earnings, overtime earnings, total
wages paid each pay period, date of payment, and the pay period covered by the payment.
Laws
The principal federal law related to employee record keeping is the Fair Labor Standards Act,
Section 11, codified in the U.S. Code at 29 U.S.C. §211.
Regulations
Regulations related to record keeping under the FLSA appear in several sections of the Code of
Federal Regulations, including 29 C.F.R. §§516.0-516.34 and 29 C.F.R. §§553.50-553.51.
More Information
U.S. Department of Labor, Recordkeeping and Reporting
U.S. Department of Labor, Wage and Hour Division, Fact Sheet 21:
Recordkeeping Requirements under the Fair Labor Standards Act
U.S. Department of Labor, Wage and Hour Division, Fact Sheet 79C:
Recordkeeping Requirements for Individuals, Families, or Households Who
Employ Domestic Service Workers Under the Fair Labor Standards Act
Family and Medical Leave (FMLA)
Overview
The Family and Medical Leave Act of 1993, as amended (FMLA; P.L. 103-3), entitles eligible
employees to unpaid, job-protected leave for certain family and medical needs, with continuation
of group health plan benefits. The FMLA requires covered employers grant up to 12 workweeks
in a 12-month period to eligible employees for one or more of the following reasons:
the birth and care of the employee’s newborn child;
the placement of an adopted or fostered child with the employee;
to care for a spouse, child, or parent with a serious health condition;
the employee’s own serious health condition; and
qualified military exigencies.
13 DOL provides additional guidance on covered employers and exempt workers. For information on covered
employers, see the DOL, Federal Labor Standards Act Advisor, Do I Have to Com ply with FLSA? For information on
exempt workers, see the DOL, Federal Labor Standards Act Advisor, Exem ptions.
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Workforce and Labor Policy: Resources for Congressional Staff
FMLA also provides up to 26 workweeks of leave in a single 12-month period to eligible
employees for the care of a covered military servicemember (including certain veterans) with a
serious injury or il ness that was sustained or aggravated in the line of duty while on active duty,
if the eligible employee is the covered servicemember’s spouse, child, parent, or next of kin. The
combined use of FMLA leave for al qualifying reasons may not exceed 26 workweeks during
this single 12-month period. 14
The FY2020 NDAA (P.L. 116-92, as amended by the FY2021 Wil iam M. (Mac) Thornberry
NDAA, P.L. 116-283) amended the Family and Medical Leave Act (FMLA; P.L. 103-3) to
provide a new paid parental leave benefit to most federal civil service employees. As amended,
FMLA provides most federal employees with up to 12 weeks of paid parental leave following a
qualifying birth of a child or placement of a child with an employee for adoption or foster care.
The paid parental leave benefit must be used together with the employee’s FMLA leave
entitlement.
In addition to administering FMLA benefits for federal employees, the federal government
addresses discrimination issues for parents. The federal government prohibits employment
discrimination against federal government employees on the basis of their “status as a parent”
under Executive Order 13152, “Further Amendment to Executive Order 11478, Equal
Employment Opportunity in the Federal Government.”
Laws
The Family and Medical Leave Act (FMLA), as amended, is codified in the U.S. Code at 29
U.S.C. §§2601-2654 and 5 U.S.C. §§6381-6387.
Regulation
Most federal regulations related to family and medical leave appear in the Code of Federal
Regulations at 29 C.F.R. §§825.100-825.803 and 5 C.F.R. §§630.1201-630.1213.
More Information
CRS In Focus IF10329, The Family and Medical Leave Act (FMLA)
CRS Report R44274, The Family and Medical Leave Act: An Overview of Title I
U.S. Department of Labor, Wage and Hour Division, Family and Medical Leave
Act
U.S. Department of Labor, Wage and Hour Division, Family and Medical Leave
Act General Guidance
U.S. Office of Personnel Management, Chief Human Capital Officers Council,
Paid Parental Leave for Federal Employees Interim Regulations
U.S. Equal Employment Opportunity Commission, Facts about Discrimination in
Federal Government Employment Based on Marital Status, Political Affiliation,
Status as a Parent, Sexual Orientation, and Gender Identity
14 T his overview was adapted from CRS In Focus IF10329, The Family and Medical Leave Act (FMLA).
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
Prevailing Wages (Davis Bacon Act; Walsh-Healey Act; Service
Contract Act)
Overview
DOL enforces laws that provide labor standards protections for workers employed by private
contractors in federal contract work. For example, the Davis Bacon Act sets labor standards and
prevailing wage rates for workers engaged in construction work for certain federal government
contracts. The Walsh-Healey Public Contracts Act and the McNamara-O’Hara Service Contract
Act deal with labor standards for workers engaged in contracts for production of goods and the
provision of services, respectively.
Laws
The Davis Bacon Act of 1931 is codified in the U.S. Code at 40 U.S.C. §§3141-3148. The Walsh-
Healey Public Contracts Act of 1936 is codified in the U.S. Code at 41 U.S.C. §§6501-6511. The
McNamara-O’Hara Service Contract Act of 1965 is codified in the U.S. Code at 41 U.S.C.
§§6701-6707.
Regulations
Regulations for the Davis Bacon Act appear in Title 29 of the Code of Federal
Regulations:
29 C.F.R. §§1.1-1.9 (determining Davis-Bacon wage rates);
29 C.F.R. §§5.1-5.32 (labor standards determining federal y financed
construction contracts); and
29 C.F.R. §§6.1-6.57 (administrative procedures for enforcing federal financed
construction contracts)
Regulations related to the Walsh-Healey Public Contracts Act appear in Title 41, Chapter 50 of
the Code of Federal Regulations (41 C.F.R. §§50-201.1-50-210.1).
Regulations related to the McNamara-O’Hara Service Contract Act appear in Title 29 of the Code
of Federal Regulations (29 C.F.R. §§4.1-4.12).
More Information
CRS In Focus IF11927, Federally Funded Construction and the Payment of
Locally Prevailing Wages
CRS Report 94-408, The Davis-Bacon Act: Institutional Evolution and Public
Policy
U.S. Department of Labor, Wage and Hour Division, Davis-Bacon Overview
U.S. Department of Labor, Wage and Hour Division, Service Contract Act Overview
U.S. Department of Labor, Wage and Hour Division, Prevailing Wage Resource Book
U.S. Department of Labor, Federal Contracts-Working Conditions: Prevailing Wages in
Construction Contracts
SAM.gov, Wage Determinations (wage determinations for DBA, SCA)
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
SAM.gov, Wage Determinations: Al Agency Memos
U.S. Department of Labor, Wage and Hour Division, U.S. Fact Sheet 66, Davis-Bacon
U.S. Department of Labor, Wage and Hour Division, Fact Sheet 67, Service Contract Act
Federal Support for Workforce Development and
Employment Services
Workforce Innovation and Opportunity Act
Enacted in July 2014, the Workforce Innovation and Opportunity Act (WIOA; P.L. 113-128) is
the primary federal workforce development legislation.15 The intent of WIOA is to bring about
increased coordination among federal workforce development and related programs.
Workforce development programs provide a combination of education, training, and career
services to prepare individuals for work and to help them improve their prospects in the labor
market. The programs may include activities such as job search assistance, career counseling,
occupational skil training, classroom training, or on-the-job training. The federal government
provides workforce development activities through WIOA’s programs and other programs
designed to increase the employment and earnings of workers. WIOA includes various titles that
authorize DOL and ED to provide certain workforce development services.16
Adult and Dislocated Worker Activities
WIOA Title I authorizes DOL, Employment and Training Administration (ETA), to administer
state formula workforce development grant programs for adult and dislocated worker activities.
Under the Adult program, DOL provides formula funds to state workforce boards, who in turn
fund local workforce boards. These local boards appoint one-stop operators who assist workers in
obtaining employment by providing job search assistance and core training opportunities. 17
Under the Dislocated Worker program, DOL provides formula funds to state workforce boards to
assist individuals overcome barriers to employment. The Dislocated Worker program targets
workers who involuntarily lost their jobs and demonstrate some level of attachment to the labor
force. WIOA also funds a competitive component for National Dislocated Worker Grants
(DWGs). These competitive grants are awarded to state workforce agencies and other entities to
respond to large, unexpected layoff events.
Youth Programs
WIOA Title I also authorizes DOL to administer four youth employment and training programs,
including
15 Workforce Innovation and Opportunity Act (WIOA) succeeded the Workforce Investment Act of 1998. For a brief
history of federal workforce development legislation, see CRS Report R44252, The Workforce Innovation and
Opportunity Act and the One-Stop Delivery System .
16 T his report focuses on the training programs authorized by WIOA under T itle I.
17 As directed by the WIOA, One Stop Operators, or One Stop Career Centers provide employment and training related
services to workers.
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Workforce and Labor Policy: Resources for Congressional Staff
State Formula Grants for Youth Activities,
Job Corps, and
YouthBuild.
DOL provides youth activities funding to state workforce boards, who in turn provide funding to
local workforce boards (also known as American Job Centers). Under Job Corps, DOL enters into
contracts with organizations to assist youth in connecting to the labor force through intensive
training at local centers located throughout the country. YouthBuild competitively funds
community-based organizations, faith-based organizations, and local workforce boards to assist
disadvantaged youth in obtaining education, employment, and leadership skil s. The YouthBuild
program provides intensive training in construction and other in-demand trades to help expand
permanent affordable housing for the homeless.
Laws
The Workforce Innovation and Opportunity Act, Title I is codified in the U.S.
Code at 29 U.S.C. §§3101-3361.
The Adult Education and Family and Literacy Act (WIOA Title II) is codified in
the U.S. Code at 29 U.S.C. §§3271-3333).
The Wagner-Peyser Act (WIOA Title III) is codified in the U.S. Code at 29
U.S.C. §§49-49n.
The Rehabilitation Act of 1973 (WIOA Title IV) is codified in the U.S. Code at
29 U.S.C. §§701-976l.
WIOA General Provisions (WIOA Title V) is codified in the U.S. Code at 29
U.S.C. §§3341-3344.
Regulations
Regulations for workforce development activities under the Workforce
Innovation and Opportunity Act (WIOA Title I) appear throughout Title 29 of the
Code of Federal Regulations (29 C.F.R. §§675-688).
Regulations for adult education under the Adult Education and Family and
Literacy Act (WIOA Title II) appear in Title 34 of the Code of Federal
Regulations (34 C.F.R. §§462-463).
Regulations for the employment service under the Wagner-Peyser Act (WIOA
Title III) appear in Title 20 of the Code of Federal Regulations (20 C.F.R. §§651-
654).
Regulations for vocational rehabilitation under the Rehabilitation Act (WIOA
Title IV) appear in Title 34, Chapter III of the Code of Federal Regulations (34
C.F.R. §§361; 371; and 373).
More Information
CRS Report R44252, The Workforce Innovation and Opportunity Act and the
One-Stop Delivery System
CRS Report R43789, Adult Education and Family Literacy Act: Major Statutory
Provisions
CRS Report R43855, Rehabilitation Act: Vocational Rehabilitation State Grants
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
U.S. Department of Labor, Employment and Training Administration, Workforce
Innovation and Opportunity Act Website
U.S. Department of Labor, Employment and Training Administration, WIOA
Performance Guidance (Training and Employment Guidance Letters (TEGLS)
and Training and Employment Notices (TENS))
U.S. Department of Labor, Employment and Training Administration, WIOA
Performance Reporting
U.S. Department of Labor, Employment and Training Administration, WIOA
State Planning
U.S. Department of Education, WIOA State Plans Portal
U.S. Department of Education, Rehabilitation Services Administration,
Vocational Rehabilitation State Grants
U.S. Department of Education, Office of Career, Technical, and Adult Education,
Adult Education and Literacy
U.S. Department of Labor, Employment and Training Administration, American
Job Centers (Wagner-Peyser/Employment Service)
Trade Adjustment Assistance for Workers
Overview
Trade Adjustment Assistance for Workers (TAA) is designed to provide federal assistance to
workers who have involuntarily lost their jobs due to increased foreign competition. TAA’s
primary benefits are retraining funding and weekly income support payments to affected workers
enrolled in training.
TAA is jointly administered by DOL and state agencies. DOL is responsible for investigating
group petitions to establish program eligibility. State agencies are responsible for administering
the federal y funded benefits to eligible workers.18
Laws
Trade Adjustment Assistance for Workers is codified in the U.S. Code at 19 U.S.C. §§2271-2275;
19 U.S.C. §§2291-2298; and 19 U.S.C. §§2311-2323.
Regulations
Regulations for Trade Adjustment Assistance for Workers appear in Title 20, Part 618 of the Code
of Federal Regulations at 29 C.F.R. §§618.100-950.
More Information
CRS In Focus IF10570, Trade Adjustment Assistance for Workers (TAA)
CRS Report R44153, Trade Adjustment Assistance for Workers and the TAA
Reauthorization Act of 2015
18 T his overview was adapted from CRS In Focus IF10570, Trade Adjustment Assistance for Workers (TAA).
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
U.S. Department of Labor, Employment and Training Administration, Trade
Adjustment Assistance for Workers
U.S. Department of Labor, Employment and Training Administration, Side-by-
Side Comparison of TAA Program Benefits
U.S. Department of Labor, Employment and Training Administration, Trade
Adjustment Assistance for Workers Program, FY2021 Annual Report
U.S. Department of Labor, Employment and Training Administration, TAA State
Overviews
Work Opportunity Tax Credit
Overview
The Work Opportunity Tax Credit (WOTC) is an Internal Revenue Code provision that al ows
employers who hire individuals with certain personal characteristics to claim a tax credit equal to
a portion of the wages paid to those individuals. WOTC-eligible populations include some
recipients of certain public benefits (e.g., the Supplemental Nutrition Assistance Program or
Temporary Assistance to Needy Families), qualified veterans, ex-felons, and other specified
populations.19
Laws
The Work Opportunity Tax Credit is codified in the U.S. Code at 26 U.S.C. §§51-52.
Regulations
Regulations relating to general provisions of employment taxes, including treatment of tax
credits, appear in the Code of Federal Regulations at 26 C.F.R. §31.3511-1.
More Information
CRS Report R43729, The Work Opportunity Tax Credit
U.S. Department of Labor, Employment and Training Administration, Work
Opportunity Tax Credit website
Internal Revenue Service, Work Opportunity Tax Credit website
U.S. Department of Labor, Employment and Training Administration, Work
Opportunity Tax Credit Desk Aid
Department of Labor, ETA Handbook No. 408: for the Work Opportunity Tax
Credit Program and the Welfare-to-Work Tax Credit
Apprenticeship Programs
Overview
The National Apprenticeship Act of 1937 authorized the federal government to support
apprenticeships by establishing the registered apprenticeship system. DOL’s Office of
19 T his overview was adapted from CRS Report R43729, The Work Opportunity Tax Credit.
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Workforce and Labor Policy: Resources for Congressional Staff
Apprenticeship (OA) or a DOL-recognized state apprenticeship agency (SAA) is responsible for
evaluating apprenticeship programs to determine whether they comply with federal regulations
related to program design, worker protections, and other criteria. Programs that are in compliance
are “registered.” Although registration does not trigger any specific federal financial incentives,
registered programs may receive preferential consideration in various federal systems and
apprentices who complete a registered program receive a national y recognized credential.20
Historical y, dedicated federal support for apprenticeship programs has been limited to
appropriations for OA. In recent years, the federal government supplemented its typical
registration activities with competitive grants to support the expansion of registered
apprenticeship as a workforce development strategy. These grants have gone predominantly to
states and other intermediaries to support apprenticeship expansion through partnerships with
apprenticeship sponsors. Appropriations laws for DOL authorize these competitive grants. DOL
provides information on recent competitive funding opportunities for apprenticeship programs.21
Laws
The principal federal law related to apprenticeship registration activities is the National
Apprenticeship Act of 1937 codified in the U.S. Code at 29 U.S.C. §§50-50c.
Regulations
Regulations for the Registration of Apprenticeship Programs appear in Title 29, Part 29 of the
Code of Federal Regulations at 29 C.F.R. §§29.1-29.14.
More Information
CRS Report R45171, Registered Apprenticeship: Federal Role and Recent
Federal Efforts
U.S. Department of Labor, Apprenticeship.gov
U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Circular No. 2022-02, Guidance: National Guidelines for
Apprenticeship Standards
Federal Support for Worker Safety and Health
Occupational and Mine Safety and Health
Occupational Safety and Health
The Occupational Safety and Health Act, as amended, provides health and safety standards for
workplaces. The act authorizes DOL’s Occupational Safety and Health Administration (OSHA)
20 Although registered apprenticeship sponsors do not necessarily qualify for federal funding, several education and
workforce programs have identified apprenticeship as an eligible use of funds. For example, veterans may qualify to
receive GI Bill benefits while participating in a registered apprenticeship and registered apprenticeships are eligible for
federal workforce development funds through the WIOA.
21 For more information, see the U.S. Department of Labor, Apprenticeship, Open Funding Opportunities; and CRS
Report R45171, Registered Apprenticeship: Federal Role and Recent Federal Efforts.
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Workforce and Labor Policy: Resources for Congressional Staff
to administer and enforce compliance with the law. The act covers most private-sector employers
and their workers, in addition to some public-sector employers and workers in states, territories
and jurisdictions under federal authority.22 OSHA also approves individual state plans on
occupational safety and health.23
Mine Safety and Health
The Mine Safety and Health Act, as amended, authorizes the DOL, Mine Safety and Health
Administration (MSHA) to promote and enforce safety and health standards for the mining
industry. MSHA develops and enforces safety and health rules for U.S. mines, including
conducting underground and surface mine inspections and providing mine rescue teams for
underground mines. MSHA also provides education and other technical assistance to mine
operators.
Laws
The Occupational Safety and Health Act, as amended, is codified in the U.S.
Code at 29 U.S.C. §§651-678.
The Mine Safety and Health Act, as amended, is codified in the U.S. Code at 30
U.S.C. §§801-966.
Regulations
Federal regulations related to occupational safety and health appear in the Code
of Federal Regulations at 29 C.F.R. §§1902-1990.
Mine safety and health regulations appear in the Code of Federal Regulations at
30 C.F.R. §§1.1-104.4.
More Information
CRS Report R43969, OSHA State Plans: In Brief, with Examples from California
and Arizona
U.S. Department of Labor, Occupational Safety and Health Administration
website
U.S. Department of Labor, Mine Safety and Health Administration website
U.S. Department of Labor, Mine Safety and Health Administration, Mine Safety
and Health Deskbook (includes text of the Federal Mine Safety and Health Act of
1977 (Mine Act), as amended through April 2016)
U.S. Department of Labor, Mine Safety and Health Administration, Legislative
History of the Mine Improvement and New Emergency Response (MINER) Act
of 2006, the Federal Mine Safety and Health Act of 1977, and the Federal Coal
Mine Health and Safety Act of 1969
22 According to the Occupational Safety and Health Administration (OSHA), jurisdictions include the District of
Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Northern Mariana Islands, Wake Island, Johnston
Island, and the Outer Continental Shelf Lands as defined in the Outer Continental Shelf Lands Act .
23 A list of these state plans is available on the OSHA website.
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Workforce and Labor Policy: Resources for Congressional Staff
Workers’ Compensation
Workers’ compensation provides cash and medical benefits to workers who are injured or become
il in the course of their employment and provides benefits to the survivors of workers kil ed on
the job. Workers’ compensation benefits are provided without regard to fault and are the exclusive
remedy for workplace injuries, il nesses, and deaths. A network of state programs provide
workers’ compensation benefits, with the exception of federal employees and some smal groups
of private-sector employees covered by federal law.
Nearly al workers in the United States are covered by workers’ compensation. Although states
are not required to have workers’ compensation programs, al do. DOL does not have any
oversight role in state workers’ compensation. In general, employers purchase insurance to
provide for workers’ compensation benefits.24
Workers’ Compensation for Federal Employees
Federal laws on workers’ compensation are limited to federal employees and smal groups of
private-sector employees. The Federal Employees’ Compensation Act (FECA) provides federal
employees’ workers’ compensation coverage for employment-related injuries and occupational
diseases.
Workers’ Compensation for Longshore and Harbor Workers
The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers selected workers in
maritime occupations, such as longshore workers and shipbuilding and repair. It also applies to
overseas military; overseas contractors hired by the U.S. government; workers on the
outercontinental shelf; and employees of non-appropriated-funds instrumentalities such as
military exchanges. Firms that employ these workers are required to purchase workers’
compensation or self-insure and are responsible for providing medical and disability benefits to
covered workers who are injured or become il on the job and survivors’ benefits to the families
of covered workers who die on the job.
Black Lung Program
The Federal Black Lungs Benefits Act created the Black Lung Program (also known as the
Division of Coal Mine Workers’ Compensation) to provide compensation to coal miners total y
disabled by pneumoconiosis and to survivors of coal miners whose deaths are attributable to the
disease. The miner’s last coal employer is responsible for paying these benefits, unless such
employer cannot pay, in which case a federal trust fund, financed by an excise tax on coal, pays
benefits. The Benefits Review Board reviews and issues decisions on appeals of workers’
compensation claims arising under LHWCA and the Black Lung Benefits Act.
Special Benefit Programs
The Energy Employees Occupational Il ness Compensation Program Act provides workers’
compensation and coverage for injuries and occupational diseases for select energy workers.
Additional y, the Radiation Exposure Compensation Act provides a one-time benefit payment to
persons who develop cancer or other diseases after being exposed to radiation from atomic
weapons testing or uranium mining, mil ing, or transporting.
24 T his overview was adapted from CRS Report R44580, Workers’ Compensation: Overview and Issues.
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Workforce and Labor Policy: Resources for Congressional Staff
Laws
The Federal Employees’ Compensation Act program is codified in the U.S. Code
at 5 U.S.C. §§8101-8152.
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is codified in
the U.S. Code at 33 U.S.C. §§901-950.
The Energy Employees Occupational Il ness Compensation Program Act is
codified in the U.S. Code at 42 U.S.C. §§7384-7385j-2.
The Radiation Exposure Compensation Act is codified in the U.S. Code at 42
U.S.C. §2210 note.
Regulations
Regulations for the Federal Employees’ Compensation Act appear in the U.S.
Code of Regulations at 20 C.F.R. §§10.0-10.916 and 25 C.F.R. §§25.1-25.203.
Regulations for the Office of Workers’ Compensation Programs appear in the
Code of Federal Regulation at 20 C.F.R. Part 1-72; 20 C.F.R. Part 501.
Regulations for the Energy Employees Occupational Il ness Compensation
Program appear in the Code of Federal Regulations at 20 C.F.R. §§30.0 to
30.912.
Regulations for the Employees’ Compensation Appeals Board appear in the Code
of Federal Regulations at 20 C.F.R. Part 701-799.
Regulations for the Benefit Review Board appear in the Code of Federal
Regulations at 20 C.F.R. §§801.1-802.411.
More Information
CRS Report R44580, Workers’ Compensation: Overview and Issues
CRS In Focus IF10308, Workers’ Compensation: Overview and Issues
CRS Video WVB00014, Introduction to Workers' Compensation
CRS Report R41506, The Longshore and Harbor Workers’ Compensation Act
(LHWCA): Overview of Workers’ Compensation for Certain Private-Sector
Maritime Workers
CRS Report R42107, The Federal Employees’ Compensation Act (FECA):
Workers’ Compensation for Federal Employees
CRS Report R43956, The Radiation Exposure Compensation Act (RECA):
Compensation Related to Exposure to Radiation from Atomic Weapons Testing
and Uranium Mining
CRS Report R46476, The Energy Employees Occupational Illness Compensation
Program Act (EEOICPA)
CRS Report R45261, The Black Lung Program, the Black Lung Disability Trust
Fund, and the Excise Tax on Coal: Background and Policy Options
U.S. Department of Labor, Office of Workers’ Compensation Programs
U.S. Department of Labor, Division of Federal Employees’ Compensation
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
Whistleblower Protections
Overview
The Occupational Safety and Health Administration Whistleblower Protection Program enforces
provisions of more than 20 federal laws protecting employees from retaliation for raising
concerns or reporting workplace safety hazards and/or violations.25 These OSHA-enforced
whistleblower laws include statutes in various workplace safety and health areas, such as aviation
safety, motor vehicle safety, commercial motor carriers, financial reform, consumer products,
environmental statutes, food safety, nuclear statutes, pipeline statutes, public transportation
agencies, railroads, and maritime statutes. Employees who believe their employers retaliated
against them for protected whistleblowing activities should contact OSHA to file a complaint.
Laws
Federal statutes enforcing whistleblower activities appear throughout the U.S. Code. OSHA
compiles a complete list of whistleblower statutes and citations.
Regulations
Federal regulations enforcing whistleblower activities appear throughout the Code of Federal
Regulations. OSHA compiles a complete list of whistleblower regulations and citations.
More Information
CRS Report R46979, Compilation of Federal Whistleblower Protection Statutes
U.S. Department of Labor, Occupational Safety and Health Administration,
Whistleblower Statutes Summary Chart
U.S. Department of Labor, Occupational Safety and Health Administration,
Whistleblower FAQs
U.S. Department of Labor, Occupational Safety and Health Administration,
Whistleblowers Fact Sheets
Federal Role in Income Support for Workers
Unemployment Insurance (UI)
Regular Unemployment Compensation
Created by the Social Security Act of 1935 (P.L. 74-271), the joint Federal-State Unemployment
Compensation (UC) program provides temporary unemployment benefits to eligible workers who
are unemployed through no fault of their own. Eligibility requirements and program
administration are determined by state law.26 States administer UC benefits with broad federal
25 T he OSHA Whistleblower Protection Program provides a list of Whistleblower Statutes at
https://www.whistleblowers.gov/statutes.
26 According to CRS In Focus IF10336, The Fundamentals of Unemployment Compensation, there are 53 different
unemployment compensation (UC) programs operated in the states, the District of Columbia, Puerto Rico, and the
Virgin Islands. T he District of Columbia, Puerto Rico, and the Virgin Islands are considered to be states in UC law.
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
oversight. DOL provides information on various federal UC laws, regulations, and guidance
impacting unemployment compensation. DOL also publishes information on state programs
including a Comparison of State UI Laws, Significant Provisions of State UI Laws, and Report on
State Legislation.
Other Federal UI Programs
Former federal workers may be eligible for unemployment benefits through the Unemployment
Compensation for Federal Employees (UCFE) program. Former U.S. military servicemembers
may be eligible for unemployment benefits through the Unemployment Compensation for Ex-
Servicemembers (UCX) program.27
The Disaster Unemployment Assistance (DUA) program provides temporary benefits to
individuals whose employment or self-employment has been lost or interrupted because of a
major disaster (and who are not eligible for regular UC benefits).
The Self-Employment Assistance (SEA) program offers dislocated workers a SEA al owance,
instead of regular UC benefits, to help unemployed individuals who are establishing a business.
This voluntary program is administered by select states.28
In response to economic recessions, the federal government sometimes augments the regular UC
program with both the permanent Extended Benefits (EB) program and additional temporary or
extended unemployment benefits. For example, the now-expired Coronavirus Aid, Relief, and
Economic Security (CARES) Act temporarily expanded unemployment insurance for many
workers affected by the COVID-19 pandemic.29
UC Financing
Regular UC benefits are financed by federal taxes under the Federal Unemployment Tax Act
(FUTA) and by state payroll taxes under the State Unemployment Tax Acts (SUTA). These
revenues are deposited into the appropriate account within the federal Unemployment Trust Fund
(UTF). SUTA finances regular UC benefits and the state share (50%) of the EB program. FUTA
finances federal and state administrative expenses, the federal share (50%) of EB program, and
advances to states whose UTF account balances are low or exhausted.30
Laws
The Federal Unemployment Tax Act (FUTA) is codified in the U.S. Code at 26
U.S.C. §§3301-3311.
Grants to States for Unemployment Compensation Administration, under the
Social Security Act (SSA) Title III, is codified in the U.S. Code at 26 U.S.C.
§§501-506.
Employment Security Administrative Funding, under SSA, Title IX, is codified
in the U.S. Code at 42 U.S.C §§1101-1111.
27 T his overview was adapted from CRS In Focus IF10336, The Fundamentals of Unemployment Compensation.
28 For more information, see CRS Report R41253, The Self-Employment Assistance (SEA) Program .
29 For more information, see CRS Report R46687, Unemployment Insurance (UI) Benefits: Permanent-Law Programs
and the COVID-19 Pandem ic Response.
30 For more information, see CRS Report RS22954, The Unemployment Trust Fund (UTF): State Insolvency and
Federal Loans to States.
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Workforce and Labor Policy: Resources for Congressional Staff
Advances to State Unemployment Funds, under SSA, Title XII is codified in the
U.S. Code at 42 U.S.C. §§1321-1324.
The Unemployment Compensation for Federal Employees program is codified in
the U.S. Code at 5 U.S.C. §§8501-8509.
The Unemployment Compensation for Ex-Servicemembers is codified in the
U.S. Code at 5 U.S.C. §§8521-8525.
The Extended Benefits program authorized by the Federal-State Extended
Unemployment Compensation Act of 1970 is codified in the U.S. Code at 26
U.S.C. §3304 Note.
Disaster Unemployment Assistance is codified in the U.S. Code at 42 U.S.C.
§5177.
The Self-Employment Assistance program is codified in the U.S. Code at 26
U.S.C. §3304 Note.
Regulations
Regulations related to unemployment compensation appear in multiple sections of Title 20, Code
of Federal Regulations, including 20 C.F.R. §§601-604, 606, 609, 614, 615, 616, 619, 625, 640,
and 650).31
More Information
CRS In Focus IF10336, The Fundamentals of Unemployment Compensation
CRS Report R44527, Unemployment Compensation: The Fundamentals of the
Federal Unemployment Tax (FUTA)
CRS Report RS22077, Unemployment Compensation (UC) and the
Unemployment Trust Fund (UTF): Funding UC Benefits
CRS Report R46687, Unemployment Insurance (UI) Benefits: Permanent-Law
Programs and the COVID-19 Pandemic Response
CRS Report RL33362, Unemployment Insurance: Programs and Benefits
U.S. Department of Labor, Employment Training and Administration,
Unemployment Insurance website
U.S. Department of Labor, Employment Training and Administration,
Unemployment Insurance Laws, Regulations, and Guidance
Work Sharing and Short-Time Compensation
Overview
Short-time compensation (STC) is a program within the federal-state unemployment insurance
system. In states that have STC programs, workers whose hours are reduced under a formal work
sharing plan may be compensated with STC, which is a regular unemployment benefit that has
been pro-rated for the partial work reduction.
31 DOL provides a complete list of federal regulations related to unemployment compensation. See
https://oui.doleta.gov/unemploy/laws.asp.
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
Although the terms work sharing and short-time compensation are sometimes used
interchangeably, work sharing refers to any arrangement under which workers’ hours are reduced
in lieu of a layoff. Under a work sharing arrangement, a firm faced with the need to downsize
temporarily chooses to reduce work hours across the board for al workers instead of laying off a
smal er number of workers. For example, an employer might reduce the work hours of the entire
workforce by 20%, from five to four days a week, in lieu of laying off 20% of the workforce.32
Laws
Federal statutes governing short-time compensation appear in the U.S. Code at 26 U.S.C §3304,
26 U.S.C. §3306, and 42 U.S.C. §503.
Regulations
Regulations regarding work sharing or short-time compensation are found in the Code of Federal
Regulations at 20 C.F.R. §§604.1-604.6 and 20 CFR §§682.100-682.370.
More Information
CRS Report R40689, Compensated Work Sharing Arrangements (Short-Time
Compensation) as an Alternative to Layoffs
U.S. Department of Labor, Employment Training and Administration, Short-
Time Compensation
Protections for Employee Benefits
Overview
Through the Employee Benefits Security Administration (EBSA), DOL ensures compliance with
the Employee Retirement Income Security Act (ERISA), which regulates employers who offer
pension or welfare benefit plans to employees. EBSA also audits the federal employees’ Thrift
Savings Plan (TSP). Relatedly, the Pension Benefits Guarantee Corporation (PBGC), which was
established by ERISA, pays benefits to participants in private-sector defined benefit pension
plans when those companies are unable to pay benefits. Although PBGC’s operations are
financed by insurance premiums of these participating pension plans, Congress sets the insurance
premiums.
Laws
The labor laws related to the Employee Retirement Income Security Act of 1974 are codified in
the U.S. Code at 29 U.S.C. §§1001-1461.33
The entire ERISA, as amended, is also available in a compilation from govinfo.gov.
32 T his overview was adapted from CRS Report R40689, Compensated Work Sharing Arrangem ents (Short-Time
Com pensation) as an Alternative to Layoffs.
33 Some provisions of ERISA also appear in the T ax Code in T itle 26.
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
Regulations
Labor regulations relating to the Employee Benefits Security Administration, including
requirements related to the Employee Retirement Income Security Act of 1974, appear in the
Code of Federal Regulations at 29 C.F.R. §§2509-2590.
Regulations relating to the Pension Benefit Guaranty Corporation appear in the Code of Federal
Regulations at 29 C.F.R. §§4000-4907.
More Information
CRS In Focus IF10686, DOL’s 2016 Fiduciary Rule on Investment Advice
CRS In Focus IF10492, An Overview of the Pension Benefit Guaranty
Corporation (PBGC)
U.S. Department of Labor, Employee Benefits Security Administration, Laws
and Regulations
U.S. Department of Labor, Employee Benefits Security Administration,
Retirement Benefits
U.S. Department of Labor, Employee Benefits Security Administration, Thrift
Savings Plan Audit Reports
Pension Benefit Guaranty Corporation, Legal Resources (Laws and Regulations)
Federal Role in Labor Relations and Labor Unions
National Labor Relations Act (Private-Sector Employees)
Overview
The National Labor Relations Act of 1935 (NLRA) recognizes the right of private-sector
employees to join or form a labor union and to bargain collectively over wages, hours, and other
working conditions. To administer and enforce the act, the NLRA established the National Labor
Relations Board (NLRB). The NLRB oversees the petition process, the process by which
employees decide whether to be represented by a labor union. The NLRB also investigates and
adjudicates labor law disputes, including complaints of unfair labor practices (ULPs), and
contract disputes.34
Laws
The National Labor Relations Act of 1935 is codified in the U.S. Code at 29 U.S.C. §§151-169.
Regulations
Regulations relating to the National Labor Relations Act and the National Labor Relations Board
appear in the Code of Federal Regulations at 29 C.F.R. §§100.101-103.100.
34 T his overview was adapted from the CRS Report R42526, Federal Labor Relations Statutes: An Overview.
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
More Information
CRS Report R42526, Federal Labor Relations Statutes: An Overview
National Labor Relations Board, Basic Guide to the National Labor Relations
Act
National Labor Relations Board, Guidance
National Labor Relations Board, Key Reference Materials
Railway Labor Act (Rail and Airline Employees)
Overview
Under the Railway Labor Act of 1926 (RLA), employees of railway and airline industries are
guaranteed the right to organize and bargain collectively with their employers over conditions of
work and given protections from unfair employer and union practices. The RLA established the
National Mediation Board (NMB) to facilitate labor-management relations within the railway and
airline industries. The RLA provides procedures for selecting employee representatives and
authorizes the NMB to provide dispute resolution procedures. Pursuant to the RLA, the NMB
aims to resolve labor disputes between parties, with an emphasis on mediation and arbitration.35
Laws
The Railway Labor Act is codified in the U.S. Code at 45 U.S.C. §§151-188.
Regulations
Regulations relating to the Railway Labor Act and the National Mediation Board appear in the
Code of Federal Regulations at 29 C.F.R. §§1201.1-1209.10.
More Information
National Mediation Board, Mediation Overview and FAQ
National Mediation Board, Agency Determinations
Federal Service Labor-Management Relations Statute (Federal
Employees)
Overview
The Federal Service Labor-Management Relations Statute (FSLMRS), as added under Title VII
of the Civil Service Reform Act of 1978, extended collective bargaining rights to most employees
of the federal government. The basic framework of the FSLMRS is similar to that of the NLRA;
however, employee rights are more restricted under the FSLMRS, given the unique nature of their
employer, the federal government. Federal employees have the right to organize and bargain
collectively, but they do not have the legal right to strike. Most federal employees cannot bargain
over wages or benefits. Additional y, the President can exclude a federal agency or subdivision
from coverage if the organization’s primary work concerns national security.
35 T his overview was adapted from the CRS Report R42526, Federal Labor Relations Statutes: An Overview.
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
The Federal Labor Relations Authority (FLRA) administers and enforces the FSLMRS. The
FLRA is authorized to investigate and adjudicate organizing and collective bargaining disputes,
unfair labor practices, and contract disputes. The Federal Mediation and Conciliation Service
(FMCS) is an independent agency that provides voluntary mediation services to parties who
cannot resolve a bargaining dispute. The Federal Service Impasses Panel (FSIP) is an entity
within the FLRA that provides additional assistance in resolving disputes if FMCS services
cannot resolve the dispute or if the parties specifical y request FSIP’s services.36
Laws
Federal Service Labor-Management Relations Statute appears in the U.S. Code at
5 U.S.C. §§7101-7135.
The Federal Labor Relations Authority appears in the U.S. Code at 5 U.S.C.
§§7104-7106.
The Federal Service Impasses Panel appears in the U.S. Code at 29 U.S.C. §7119.
The Federal Mediation and Conciliation Service appears in the U.S. Code at 29
U.S.C. §172.
Regulations
Regulations related to the Federal Labor Relations Authority appear in the Code
of Federal Regulations at 5 C.F.R. §§ 2411-2430.
Regulations related to the Federal Service Impasses Panel appear in the Code of
Federal Regulations at 5 C.F.R. §§2470-2473.
Regulations related to the Federal Mediation and Consolation Service appear in
the Code of Federal Regulations at 29 C.F.R. §§1400-1472.
More Information
CRS Report R42526, Federal Labor Relations Statutes: An Overview
U.S. Federal Labor Relations Authority, The Federal Service Labor-Management
Relations Statute
Federal Enforcement of Worker Discrimination
Protections
Civil Rights Act (Title VII) (Race, Color, Religion, Sex, or National
Origin)
Overview
Beginning in the 1960s, Congress passed legislation to protect various classes of individuals who
have historical y received unequal treatment in the workplace. Title VII of the Civil Rights Act
1964 prohibits discrimination in employment based on race, color, religion, sex, pregnancy, or
national origin. Title VII of the Civil Rights Act also prohibits retaliation against a person based
36 T his overview was adapted from CRS Report R42526, Federal Labor Relations Statutes: An Overview.
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Workforce and Labor Policy: Resources for Congressional Staff
on a discrimination complaint, charge, investigation, or lawsuit. The law also requires employers
to accommodate applicants’ and employees’ religious practices. In general, Title VII applies to
employers with at least 15 employees. The Equal Employment Opportunity Commission (EEOC)
is authorized to enforce the Civil Rights Act by investigating discrimination charges and provide
guidance to employers for al types of work situations, including areas of discrimination or
employment harassment. Penalties for noncompliance or intentional discrimination include
potential compensatory or punitive damages. In addition to the headquarters in Washington, DC,
the EEOC has 53 field offices to investigate complaints. Many states also address employment
discrimination and often extend employment protections for individuals beyond the federal
statute.
The Congressional Accountability Act of 1995 Reform Act makes certain labor and
antidiscrimination protections applicable to the legislative branch, including Title VII of the Civil
Rights Act of 1964 (Title VII), Title I of the Americans with Disabilities Act of 1990 (ADA), the
Age Discrimination in Employment Act of 1967 (ADEA), and the Fair Labor Standards Act of
1938 (FLSA), among others.37
Laws
Title VII of the Civil Rights Act of 1964 is codified in the U.S. Code at 42 U.S.C. §§2000e-
2000e-17.
The Congressional Accountability Act of 1995 Reform Act is codified in the U.S. Code at 2
U.S.C. §§1301-1438.
Regulations
Most federal regulations related to the Title VII of the Civil Rights Act appear in Title 29, Parts
1604 and 1608 of the Code of Federal Regulations (29 C.F.R. §§1604.1-1604.11; 29 C.F.R.
§§1608.1-1608.12).
Regulations related to the implementation of the Congressional Accountability Act appear in Title
29, Part 457 of the Code of Federal Regulations (29 C.F.R. §§457).
More Information
CRS Report R46534, The Civil Rights Act of 1964: An Overview
CRS In Focus IF11705, The Civil Rights Act of 1964: Eleven Titles at a Glance
CRS Report R45155, Sexual Harassment and Title VII: Selected Legal Issues
CRS Legal Sidebar LSB10496, Supreme Court Rules Title VII Bars
Discrimination Against Gay and Transgender Employees: Potential Implications
CRS Report R46821, Pregnancy and Labor: An Overview of Federal Laws
Protecting Pregnant Workers
U.S. Equal Employment Opportunity Commission, Laws and Guidance
U.S. Equal Employment Opportunity Commission, Federal Sector
National Conference of State Legislatures, Discrimination and Workplace
Harassment
37 For more information, see CRS Legal Sidebar LSB10384, The Congressional Accountability Act of 1995 Reform
Act: An Overview.
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
U.S. Department of Labor, Civil Rights Center, Statutes and Regulations
Equal Pay
Overview
Congress first addressed the persistence of gender-based wage disparities in the Equal Pay Act of
1963, by mandating an “equal pay for equal work” standard. The Equal Pay Act made it il egal
for employers to pay women lower wages than men for jobs with equal skil , effort, or
responsibility. Congress addressed pay or wage gaps again in Title VII of the Civil Rights Act of
1964, by al owing individuals to file for pay discrimination claims.38 The Lil y Ledbetter Fair Pay
Act of 2009 amended Title VII to clarify that the time limit for suing employers for pay
discrimination begins each time they issue a paycheck and is not limited to the original
discriminatory action. Collection of compensation data and elimination of male/female pay
disparities are also integral to Department of Labor enforcement of Executive Order 11246
(initial y issued by President Lyndon Johnson), which mandates nondiscrimination and
affirmative action by federal contractors.39
Laws
The Equal Pay Act is codified in the U.S. Code at 29 U.S.C. §206.
Title VII of the Civil Rights Act of 1964 is codified in the U.S. Code at 42 U.S.C.
§§2000e-2000e-17.
Regulations
Most federal regulations related to the Equal Pay Act appear in Title 29, Part 1620 and 1621 of
the Code of Federal Regulations (29 C.F.R. §§1620.1-1620.343; 29 C.F.R. §§1621.1-1621.4).
More Information
CRS In Focus IF10414, The Gender Earnings Gap
U.S. Department of Labor, Office of Federal Contract Compliance Programs,
Executive Order 11246: Equal Employment Opportunity
U.S. Employment Opportunity Commission, Equal Pay/Compensation
Discrimination
U.S. Employment Opportunity Commission, Questions and Answers About the
Equal Pay Act
U.S. Employment Opportunity Commission, Equal Pay Act of 1963 and Lil y
Ledbetter Fair Pay Act of 2009
38 In 1986, the Supreme Court interpreted T itle VII to include discrimination based on “sex” as sexual harassment in
the workplace. In 2020, the Supreme Court held that the prohibition against sex discrimination in T itle VII also
included employment discrimination on the basis of sexual orientation o r transgender status.
39 T his overview was adapted from the archived CRS Report RL31867, Pay Equity: Legislative and Legal
Developm ents (out of print; available to congressional clients from the authors).
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
Age Discrimination in Employment
Overview
Enforced by the Equal Employment Opportunity Commission, laws against age discrimination
involve treating an applicant or employee less favorably because of his or her age.
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people
who are age 40 or older. Additional y, the law protects individuals who report age discrimination
from retaliation. Although ADEA does not protect workers under the age of 40, some states have
laws that protect younger workers from age discrimination.
Until a 1986 amendment (P.L. 99-592), workers over the age of 70 were not protected by
ADEA.40
Laws
The Age Discrimination in Employment Act is codified in the U.S. Code at 29 U.S.C. §§621-634.
Regulations
Regulations related to the Age Discrimination Act appear in the Code of Federal Regulations at
29 C.F.R 1625 and 29 C.F.R. 1626.
More Information
U.S. Department of Labor, Civil Rights Center
U.S. Equal Employment Opportunity Commission, Age Discrimination
U.S. Equal Employment Opportunity Commission, Policy, Guidance and
Resource Documents Related to Age Discrimination
Employment Discrimination Against Individuals with Disabilities
Overview
The Americans with Disabilities Act of 1990 (Title I and Title V) expands equal employment
opportunity and full inclusion for people with disabilities. Title I of the Americans with
Disabilities Act of 1990 prohibits private employers with 15 or more employees, state and local
governments, employment agencies, and labor unions from discriminating against qualified
individuals with disabilities in job application procedures, hiring, firing, advancement,
compensation, job training, and other terms, conditions, and privileges of employment. Under
ADA, employers may not retaliate against employees or applicants with disabilities. ADA also
requires employers provide reasonable accommodations for employees with disabilities.
Sections 501-505 of the Rehabilitation Act of 1973 prohibit discrimination against individuals
with known physical or mental limitations in the federal sector. The Rehabilitation Act relies on
the same standards to determine discrimination as those under Title I of ADA. Additional y, the
Rehabilitation Act addresses remedies and fees.
40 T his section was adapted from the CRS Report RL32757, Unemployment and Older Workers.
Congressional Research Service
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Workforce and Labor Policy: Resources for Congressional Staff
The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice
(DOJ) share responsibility for enforcing disability related discrimination.
Laws
The Americans with Disabilities Act of 1990, Title I is codified in the U.S. Code
at 42 U.S.C. §§12101-12103 and 12111-12117; ADA Title V is codified at 42
U.S.C. §§12201-12209.
The Rehabilitation Act of 1973, Sections 501-505 are codified in the U.S. Code at
29 U.S.C. §§791-794a.
Regulations
Regulations related to the workplace discrimination of Americans with
disabilities appear in the Code of Federal Regulations at 29 C.F.R. §§1630.1-
1630.16; 29 C.F.R. §§1640.1-1640.13; and 29 C.F.R. §§1641.1-1641.8.
More Information
CRS In Focus IF10775, Office of Compliance: Background Information
CRS Report R43855, Rehabilitation Act: Vocational Rehabilitation State Grants
CRS Report R47109, Federal Financial Assistance and Civil Rights
Requirements
U.S. Department of Labor, Office of Disability Employment Policy, Federal
Employers: Tools and Resources
U.S. Equal Employment Opportunity Commission, Disability Discrimination and
Employment Decisions
U.S. Department of Justice, Civil Rights Division, Fighting Discrimination in
Employment Under the ADA
U.S. Department of Justice, Civil Rights Division, American with Disabilities Act
U.S. Department of Justice, Civil Rights Division, Rehabilitation Act
U.S. Office of Personnel Management, Disability Employment
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link to page 40 link to page 42 link to page 42 link to page 42 link to page 42
Appendix. Labor Force Statistics Sources
Table A-1 serves as a guide to primary Bureau of Labor Statistics and Census Bureau labor force data sources. It can be used to find specific
survey programs by subject areas; geographic details (e.g., national, state); scope (i.e., the population included in the survey); key measures; and
key published products.
Table A-1. Labor Force Statistics Sources
Frequency of
Program (Agency)
Subject Area
Geographic Detail
Data Available
Scope
Key Measures
Key Products
Employment and Unemployment
American
Employment,
National, State,
Annualb
Civilian and military
Labor force,
ACS Publication
Community Survey
Unemployment (and
Cities, Congressional
population
Unemployment,
Series
(Census)a
other non-labor
districts, Counties of
Employment,
Labor Force Statistics
subject areas)
65,000 or more.
Unemployment rate,
Data Tables c
Smal er areas such as
Income
census block groups
using multi-year
averages.
American Time Use
Hours, Time Use
National
Annual
Civilian
Average hours spent
ATUS news release
Survey (BLS)
noninstitutional
on activities, Percent
population
of time engaged in
activities
Business Dynamics
Employment,
National, State,
Annual
Census Bureau
Employment, Job
BDS Data Tables
Statistics (Census)
Establishments, Pay
Metro area, Counties
Business Registerd
openings and
BDS Datasets
separations,
Establishment
openings and
separations
Business Employment
Employment
National, State
Annual, Quarterly
Private sector
Business births and
Business Employment
Dynamics (BLS)
deaths, Gross job
Dynamics news
gains, Gross job
release
losses
CRS-34
Frequency of
Program (Agency)
Subject Area
Geographic Detail
Data Available
Scope
Key Measures
Key Products
Current Employment
Employment, Hours,
National, State,
Monthly
Government, Private
Average weekly
Current Employment
Statistics (BLS)
Pay
Metro area
sector
hours, Real earnings,
Statistics Highlights
Total nonfarm payrol
employment
Current Population
Worker
National
Monthly, Quarterly,
Civilian
Labor force,
The Employment
Survey (Census/BLS)
characteristics,
Annual
noninstitutional
Unemployment,
Situation (Jobs
Earnings,
population
Employment, Official
Report)
Unemployment,
unemployment rate,
Employment, Labor
Usual weekly
force participation
earnings
Employment
Employment
National
Biennial
Private sector,
Projected
Employment
Projections (BLS)
government
employment,
Projections news
Projected labor force
release
measures, Education
and training
Job Openings and
Employment,
National
Monthly
Private sector
Hires, Job openings,
Job Opening and
Labor Turnover
Establishments, Labor
Separations
Labor Turnover news
Survey (BLS)
dynamics
release
Local Area
Employment,
State, Metro Area,
Annual, Monthly
Civilian
Employment, Labor
State Employment
Unemployment
Unemployment
Cities, Towns; and
noninstitutional
force,
and
Statistics (BLS)
Counties
population
Unemployment,
Unemployment (mon
Unemployment rate
thly)
Occupational
Employment, Pay
National, State,
Annual
Private sector,
Occupational
Occupational
Employment Statistics
Metro area, and
Government
Employment,
Employment and
(BLS)
Nonmetropolitan
Occupational wages
Wage Statistics news
area
releases
Quarterly Census of
Employment, Pay
National, State,
Annual, Monthly,
Private sector,
Wages, Employment,
Quarterly Census of
Employment and
Metro area, and
Quarterly
Government,
Number of
Employment and
Wages (BLS)
Counties
establishments
Wages news releases
CRS-35
Frequency of
Program (Agency)
Subject Area
Geographic Detail
Data Available
Scope
Key Measures
Key Products
Compensation and Working Conditions
Census of Fatal
Workplace injuries,
National, State,
Annual
Government, military,
Fatal workplace
Census of Fatal
Occupational Injuries
il nesses, and fatalities Metro area
private sector
injuries
Occupational Injuries
(BLS)
Summary news
release
National
Pay, Benefits
National, Census
Quarterly, Annual
Private sector, state
Employment Cost
Employment Cost
Compensation
region
and local government Index, Incidence and
Index news release
Measures (BLS)
provision of
employee benefits,
Employer Costs for
Employee
Compensation
Occupational
Job requirements
National
Annual
Private sector, state
Cognitive and mental
Occupational
Requirements Survey
and local government requirements,
Requirements Survey
(BLS)
Education and
news releases
training,
Environmental
conditions, Physical
demands of job
Survey of
Workplace injuries,
National, State
Annual
Private sector, state
Days away from
Employer-Reported
Occupational Injuries
il nesses, and fatalities
and local government work, Nonfatal
Workplace Injuries
and Il nesses (BLS)
workplace injuries
and Il nesses news
and il nesses
release
incidence
Source: Compiled by CRS from the Bureau of Labor Statistics (BLS), Handbook of Methods, and from BLS and Census Bureau survey webpages.
a. ACS covers a sample of nearly 3 mil ion U.S. homes. Due to this large sample size, detailed demographic data may be available.
b. The scheduled release of ACS data for prior years’ depends on the level of geography and type of table detail. For more information on ACS data releases, see the
U.S. Census Bureau, ACS Data Release website.
c. The Labor Force Statistics Data Tables includes both ACS and CSP data.
d. The Census Bureau Business Register is an establishment-based database on businesses and includes information such as location, type of organization (subsidiary or
parent), and industry classification.
CRS-36
Workforce and Labor Policy: Resources for Congressional Staff
Author Information
Abigail R. Overbay, Coordinator
Ellen M. Lechman
Senior Research Librarian
Research Librarian
Tamar B. Breslauer
Senior Research Librarian
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.
Congressional Research Service
R47241 · VERSION 2 · NEW
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