American Workers: Fighting For Their Lives

American Workers: Fighting for Their Lives

What if you went into work one morning to find out your plant was being closed and the work was being sent overseas to a foreign country? What if you were then told for the next 30 days you would train the person who would be taking your job?

Outsourcing of jobs to foreign countries is something most of us have heard about but are now starting to see the effects of it through job losses. American workers cannot compete with these foreign countries that have no labor laws and free trade agreements until our political officials stand up for our jobs, and level the playing field.

American workers have numerous laws to protect them that can be found in the Fair Labor Standards Act (FLSA). This act was established to set standards for minimum wages, overtime pay, record keeping, and child labor.

This act requires employer's to pay their employees a minimum wage of not less than $5.15 an hour (most state minimum wages are higher than this federal standard), unless under 20 years of age. They may be paid a minimum wage of not less than $4.25 an hour only during the first 90 consecutive days. Employers may not displace any employee to hire someone at the youth minimum wage. The Act does not limit either the number of hours in a day or the number of days in a week that an employer may require an employee to work as long as he or she is at least 16 years old. Similarly, the Act does not limit the number of hours of overtime that may be scheduled. However, the Act requires employers to pay employees not less than one and one-half times their regular rate of pay for all hours worked in excess of 40 in a workweek.

This act also prohibits the shipment of goods in interstate commerce that were produced in violation of the minimum wage, overtime pay, child labor, or special minimum wage provisions. When Wage and Hour Division investigators encounter violations, they recommend changes in employment practices to bring the employer into compliance; and they request the payment of any back wages due to employees. Willful violators may be prosecuted criminally and fined up to $10,000. A second conviction may result in imprisonment and/or fines. (U.S. Department of Labor, 2006)

The child labor provisions of the Fair Labor Standards Act are designed to protect the educational opportunities of youths and to prohibit their employment on jobs and under conditions that could be harmful to their health and well-being. The child labor provisions include restrictions on hours of work and occupations for youths under the age of 16. These provisions also set forth 17 hazardous orders for jobs (such as manufacturing and mining) that the Secretary has declared too dangerous for those under the age of 18 to perform. While 16 is the minimum age for most non-farm work, youths aged 14 and 15 may work outside of school hours in certain occupations under certain conditions. They may at any age: deliver newspapers; perform in radio, television, movies, or theatrical productions.

The permissible jobs and hours of work, by age, in non-farm work are: Youths age 18 or older are not subject to restriction on jobs or hours; Youths age 16 and 17 may perform any job not declared hazardous by the Secretary, and are not subject to restrictions on hours; Youths age 14 and 15 may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs under the following conditions: no more than three hours on a school day, 18 hours in a school week, eight hours on a non-school day, or 40 hours in a non-school week. They may not begin work before 7:00 a.m. or work after 7:00 p.m., except from June 1st through Labor Day when evening hours are extended until 9:00 p.m.

Employers are subject to a civil money penalty of up to $11,000 per worker for each violation of the child labor provisions. The Act also provides for a criminal fine of up to $10,000 upon conviction for a willful violation. For a second conviction of a violation, the Act provides for a fine of not more than $10,000 and imprisonment for up to six months. The Secretary may also bring suit to obtain injunctions to restrain persons from violating the Act. (U.S. Department of Labor, 2006)

The Occupational Safety and Health Act of 1970 (OSHACT) covers all employers and their employees in the 50 states and U.S. territories. The act applies to employers and employees in such varied fields as manufacturing, construction, long shoring, agriculture, law and medicine, charity and disaster relief, organized labor, and private education.

Compliance with these standards may include insuring that employees have been provided with, have been effectively trained on, and use personal protective equipment when required for safety or health. Even in areas where OSHA has not set forth a standard addressing a specific hazard, employees are responsible for complying with the "general duty" clause. The general duty clause states that each employer shall furnish a place of employment, which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his/her employees.

The OSH ACT also grants employees access to medical and exposure records. This regulation provides a right of access to employees, their designated representatives, and OSHA to relevant medical records, including records related to that employees' exposure to a toxic substance. Employees are to be given personal protective equipment from the employer. This standard requires employers to provide employees with personal equipment designed to protect them against certain hazards and to ensure that employees have been effectively trained on the use of the equipment. This equipment can range from protective helmets to prevent head injuries in construction, hearing protection, hard-toed shoes, special goggles for welders, and gauntlets for ironworkers. Employees must also be trained in hazardous materials if on the job. This standard requires manufacturers and importers of hazardous materials to conduct hazard evaluations of the products they manufacture. If a product is found to be hazardous the manufacturer must so indicate on containers of the material, and the first shipment to a new costumer must include a Material Safety Data Sheet (MSDS). Employers must use these MSDSs to train their employees to recognize and avoid hazards presented by the materials.

Each employer must advise the nearest OSHA office of any accident that results in one or more fatalities or the hospitalization of three or more employees. The employer must so notify OSHA within eight hours of the occurrence. OSHA investigates such accidents to determine whether violations of standards contributed to the event. OSHA also has penalties/sanctions for violations. A