Major Functions of the U.S. Department of Labor

Major Functions of the U.S. Department of Labor

Updated September 25, 2023
Major Functions of the U.S. Department of Labor
Creation of the Department of Labor
worker protection, income support, workforce development
The Department of Labor (DOL) was created in 1913 by
and training, and labor statistics and research.
“An Act to create a Department of Labor” (P.L. 62-426). Its
purpose was “to foster, promote, and develop the welfare of
Worker Protection
the wage earners of the United States, to improve their
DOL administers programs to provide worker protection
working conditions, and to advance their opportunities for
services that help ensure worker safety, adherence to wage
profitable employment.” P.L. 62-426 initially authorized a
and overtime laws, and contract compliance.
new mediation service and four pre-existing bureaus.
The Wage and Hour Division (WHD) enforces various
Numerous laws since 1913 have added (and removed)
federal labor standards, including those authorized by the
program and enforcement responsibilities to DOL, such that
following acts:
it is now comprised of multiple entities that provide
services related to worker protection, income support,
• The Fair Labor Standards Act of 1938 (FLSA; P.L. 75-
workforce development, and labor statistics. DOL
718) is the primary federal law that sets minimum wage
administers and enforces more than 180 federal laws.
rates and overtime pay requirements for about 139
million workers (about 84% of wage and salary earners).
The Scope of DOL’s Activities
• The Family and Medical Leave Act (FMLA; P.L. 103-3)
DOL is responsible for program administration as well as
guarantees qualifying employees unpaid, job-protected
enforcement and compliance activities. This involves not
leave for certain family and medical reasons. Generally,
only administering financial resources but also regulatory
private employers with at least 50 workers and public
coverage of the numerous statutes that DOL administers
agencies are covered by the FMLA.
and enforces. While some of DOL’s resources support
•
grants, the majority of its scope is projected through
The Davis-Bacon Act (P.L. 74-403), the McNamara-
O’Hara Service Contract Act
enforcement and compliance activities. The extent of these
(P.L. 89-286), and the
activities is far-reaching. Broadly speaking, DOL
Walsh-Healey Public Contracts Act (P.L. 74-846)
administers programs, standards, and protections that have
provide contract standards, notably prevailing wage
the following four foci:
requirements, for workers on certain federal contracts
for construction, services, and manufacturing. The
Worker Protection: DOL administers federal laws that
WHD also enforces wage standards established through
establish standards related to wages (e.g., minimum wage
presidential executive orders.
levels, overtime pay), certain types of leave, and
• The Migrant and Seasonal Agricultural Worker
occupational safety affecting large shares of the private and
Protection Act (MSPA; P.L. 97-470) provides wage,
public sector workforce. DOL also administers targeted
housing, and transportation standards for migrant and
protections applicable to workers in certain occupations
seasonal agricultural workers.
(e.g., miners, agricultural workers).
• The Immigration and Nationality Act of 1952, ch. 477,
Income Support: DOL oversees the administration of
as amended, codified at 8 U.S.C. §1101 et seq. (INA)
programs providing income support to individuals during
contains labor standards provisions that are administered
periods of unemployment and administers programs
and enforced by WHD for certain classes of
providing income support to individuals suffering work-
nonimmigrant workers (e.g., H visa classes).
related injuries. These programs cover much of the
workforce. Additionally, DOL provides oversight of—and
The Office of Labor-Management Standards provides other
in some cases pays benefits for participants in—insured
forms of worker protection by administering the Labor-
private defined-benefit pension plans.
Management Reporting and Disclosure Act of 1959
(LMRDA; P.L. 86-257) and related laws requiring
Workforce Development and Training: DOL provides
disclosure and financial reporting for labor unions and
grants to states to provide broadly available training and
employers. Federal statutes that govern private-sector labor
related services to prepare individuals for work and assist
relations are enforced by non-DOL agencies (e.g., the
them in securing employment. DOL also administers
National Labor Relations Board).
workforce development program services for targeted
populations (e.g., low-income young adults and veterans).
The Occupational Safety and Health Administration
primarily administers and enforces the Occupational Safety
Labor Statistics and Research: DOL conducts research,
and Health Act (OSH Act; P.L. 91-596), which provides
analysis, and data gathering on the nation’s labor market,
health and safety standards for workplaces and authorizes
working conditions, and prices in the economy.
DOL to sanction employers to enforce compliance.
Functions of DOL
The Mine Safety and Health Administration administers the
The DOL entities that carry out the agency’s wide-ranging
Federal Mine Safety and Health Act of 1977 (MSH Act;
activities fall primarily into four main functional areas:
P.L. 91-173) and the Mine Improvement and New
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Major Functions of the U.S. Department of Labor
Emergency Response Act of 2006 (MINER Act; P.L. 109-
Occupational Illness Compensation Program Act
236), both of which provide safety and health standards for
(EEOICPA; P.L. 106-398).
occupations in the mining industry.
Workforce Development and Training
The Office of Federal Contract Compliance Programs
Workforce development programs provide a combination of
enforces federal contractors’ compliance with
education and training services to prepare individuals for
nondiscrimination requirements under federal authorities:
work and to help them improve their prospects in the labor
Executive Order 11246, Section 503 of the Rehabilitation
market. These services may include job search assistance,
Act of 1973 (P.L. 93-112), and the Vietnam Era Veterans’
career counseling, occupational skill training, classroom
Readjustment Assistance Act of 1974 (P.L. 93-508).
training, or on-the-job training.
The Office of Foreign Labor Certification in the
ETA provides workforce development activities through
Employment and Training Administration (ETA) is
programs including those authorized by the following acts:
responsible for implementing parts of the INA related to
certifying labor for employment-based immigration. It
• The Workforce Innovation and Opportunity Act
determines if there would be an adverse impact on similar
(WIOA; P.L. 113-128) is the primary federal workforce
U.S. workers if a labor certification were granted.
development legislation. It authorizes several programs
and provides universal access to a range of workforce
The Bureau of International Labor Affairs monitors and
development activities. WIOA establishes the One-Stop
enforces the labor provisions of several laws related to U.S.
system, through which several other workforce and
trade agreements and trade preference programs, reports on
related DOL and non-DOL programs are coordinated.
child labor and human trafficking, and represents U.S.
•
interests on labor issues at multilateral institutions (e.g., G-
The Wagner-Peyser Act (WPA; P.L. 73-30) authorizes
7, International Labor Organization).
the Employment Service, which provides universally
accessible labor exchange services (i.e., matching
Income Support
employers and workers) and conducts the work tests for
DOL administers income security programs, including the
state unemployment compensation systems.
Federal-State Unemployment Compensation (UC) program
• The Community Service Employment for Older
(Title III of the Social Security Act, P.L. 74-271), certain
Americans (CSEOA; Title V of P.L. 114-144) program
provisions of the Employee Retirement Income Security
funds part-time, paid community service positions for
Act (ERISA; P.L. 93-406), and various workers’
low-income individuals age 55 and over.
compensation programs.
The UC system is a joint federal-state program that
The Veterans’ Employment and Training Service
provides income support through benefit payments to
administers several programs to provide employment
qualifying individuals who have become unemployed. Its
services specifically for veterans, such as the Jobs for
framework is established in federal law, while most of the
Veterans State Grants program (P.L. 107-288), which funds
benefit payments are funded by state unemployment taxes.
specialists in One-Stop centers to help veterans find
The Office of Unemployment Insurance in ETA provides
employment. It also administers the Uniformed Services
administrative grants to states and enforces compliance
Employment and Reemployment Rights Act (P.L. 103-353)
and the Veterans’ Preference program (
with federal laws at the state level. The UC program covers
P.L. 105-339).
approximately 150 million workers.
Labor Statistics and Research
Through the Employee Benefits Security Administration,
DOL’s Bureau of Labor Statistics (BLS) collects, analyzes,
DOL works to ensures compliance with ERISA—which
and disseminates data on the labor market, working
includes recovering losses to employee benefit plans
conditions, and prices in the economy. BLS, created in
resulting from violations of ERISA—and audits the federal
1884 as part of the Department of the Interior, was
Thrift Savings Plan (TSP). Relatedly, the Pension Benefit
transferred to DOL when it was created in 1913. BLS
Guaranty Corporation (PBGC), which is a federal
produces monthly and quarterly data on economic
corporation established under ERISA, pays benefits to
indicators, such as the unemployment rate, wage and
participants in private-sector defined-benefit pensions
employment levels, productivity, and price indices. It also
whose companies or plans are unable to pay benefits.
produces analytical reports and supplemental surveys of
Although PBGC’s operations are financed by insurance
various labor market indicators. Many of these indicators
premiums from participating pension plans, its insurance
are used in other federal programs to allocate funding or
premiums are set by congressional action and its board is
make cost-of-living adjustments.
chaired by the Secretary of Labor.
In addition, the Women’s Bureau and the Office of
The Office of Workers’ Compensation Programs
Disability Employment Policy conduct research and
administers four federal statutes that provide benefits for
develop policies to improve labor market outcomes for
certain employees injured on the job: the Federal
women and individuals with disabilities, respectively. The
Employees’ Compensation Act (FECA; P.L. 93-416), the
Chief Evaluation Office conducts research on DOL
Longshore and Harbor Workers’ Compensation Act
programs and also on related labor market topics.
(LHWCA; P.L. 69-803), the Black Lung Benefits Act
(BLBA; P.L. 92-303), and the Energy Employees
Elizabeth Weber Handwerker, Analyst in Labor Policy
IF10975
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Major Functions of the U.S. Department of Labor

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https://crsreports.congress.gov | IF10975 · VERSION 5 · UPDATED