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Sample Constituent Services Manual - Congressional Management ...

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Labor<br />

Problems involving the U.S. Department of Labor (DOL)<br />

cover a wide variety of topics. The DOL has jurisdiction<br />

over employment-related matters.<br />

The U.S. Department of Labor is one of our government’s largest agencies. It<br />

is responsible for everything from wages to pensions to mine safety, and its<br />

responsibilities are delegated between more than a dozen different administrative<br />

offices.<br />

This section will outline only the offices that deal with the most common issues<br />

you will be asked to address by constituents.<br />

Wage and Hour<br />

When a constituent contacts you about an employer owing him or her overtime pay<br />

and back wages, you will need to put the constituent in touch with the DOL Wage<br />

and Hour Division office for your area. The Wage and Hour office will provide the<br />

constituent with the necessary forms to file a claim for wages due and will pursue<br />

the matter with the employer.<br />

If a constituent has already done this and is concerned about the status or<br />

handling of his or her case, you will need to relay the constituent’s concerns to the<br />

local Wage and Hour office.<br />

A constituent may ask you to field questions concerning minimum wage and<br />

overtime requirements and exemptions set forth in the Fair Labor Standards Act<br />

(FLSA). You will be able to answer many of these questions by referring to the<br />

following DOL publications, which can be obtained through your local Wage and<br />

Hour office:<br />

• The Fair Labor Standards Act of 1938, as Amended, WH publication #1318;<br />

•Executive, Administrative, Professional and Outside Sales Exemptions Under the<br />

Fair Labor Standards Act, WH Publication #1363;<br />

•Handy Reference Guide to the Fair Labor Standards Act, WH Publication #1282;<br />

•Employers Guide to Compliance with Federal Wage-Hour Laws, WH Publication<br />

#1340.<br />

These publications and other resources needed to address wage-related questions<br />

can be found at the following website: www.dol.gov/dol/topic/wages/index.htm.<br />

The Wage and Hour Division is also responsible for enforcing the Family and<br />

Medical Leave Act of 1993 (FMLA). This law entitles eligible employees to up to 12<br />

weeks of unpaid, job-protected leave each year for certain family and medical<br />

5 – 9

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