The Department of Labor is here to protect your rights.
An employer cannot retaliate against you for exercising your rights under the Department of Labor’s whistleblower protection laws. Retaliation includes such actions as firing or laying off, demoting, denying overtime or promotion, or reducing pay or hours.
What is retaliation?
Retaliation occurs when an employer (through a manager, supervisor, or administrator) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.
An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale.
You are protected from retaliation for reporting issues relating to:
- Agricultural work
- Consumer product and food safety
- Discrimination
- Employee safety
- Environmental protection
- Family and medical leave
- Fraud and financial issues
- Health insurance
- Lie detector testing
- Military status and obligations
- Mine hazards
- Mine inspections
- Minimum wage
- Overtime pay
- Transportation services
- Youth employment
Whistleblower Protections
The U.S. Department of Labor is an organization of diverse functions that carries out its mission through a number of offices and agencies. Five agencies enforce whistleblower and anti-retaliation laws.
Occupational Safety and Health Administration (OSHA)
With the Occupational Safety and Health Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education and assistance.
Mine Safety and Health Administration (MSHA)
The U.S. Department of Labor's Mine Safety and Health Administration (MSHA) helps to reduce deaths, injuries, and illnesses in the nation's mines with a variety of activities and programs. The Agency develops and enforces safety and health rules for all U.S. mines, and provides technical, educational and other types of assistance to mine operators.
Office of Federal Contract Compliance Programs (OFCCP)
The Office of Federal Contract Compliance Programs (OFCCP), protects workers, promotes diversity and enforces the law. OFCCP holds those who do business with the federal government (contractors and subcontractors) responsible for complying with the legal requirement to take affirmative action and not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discharging or otherwise discriminating against applicants or employees who inquire about, discuss or disclose their compensation or that of others, subject to certain limitations.
Wage and Hour Division (WHD)
The Wage and Hour Division (WHD) mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. The agency enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes.
Veterans’ Employment and Training Service (VETS)
The Veterans’ Employment and Training Service prepares America's veterans, service members and their spouses, for meaningful careers, provide them with employment resources and expertise, protect their employment rights and promote their employment opportunities.
Occupational Safety and Health Administration
You are protected from retaliation for reporting issues relating to employee safety, consumer product and food safety, environmental protection, fraud and financial issues, health insurance, and transportation services.
Laws
Whistleblowers Statutes Subject Areas:
- Employee Safety
- Consumer Product and Food Safety
- Environmental Protection
- Fraud and Financial issues
- Health Insurance
- Transportation Services
Who is covered?
www.whistleblowers.gov/whistleblower_acts-desk_reference
How to file a complaint
www.osha.gov/whistleblower/WBComplaint
How to contact OSHA
www.osha.gov/contactus/bystate
Resources
Mine Safety and Health Administration
You are protected from retaliation for identifying hazards, asking for inspections, or refusing to engage in unsafe acts.
Laws
Section 105(c) of the Mine Act prohibits persons from discriminating against miners, applicants for employment and representatives of miners for exercising statutory rights especially concerning safety or health activities, such as identifying hazards, asking for MSHA inspections, or refusing to engage in unsafe acts. Statutory rights protected under the Mine Act are expansive. A miner has the right to:
- Refuse to work if the miner has a good faith, reasonable belief that a specific working condition threatens the miner's health or safety.
- File or make a complaint under the Mine Act of a hazardous condition or a violation of the safety or health standards to a Federal or State agency, a mine operator, an operator's agent or a miners' representative.
- Institute, testify, or assist in any proceeding conducted under the Mine Act.
- Have medical evaluations leading to a possible transfer to another job location because of harmful physical agents and toxic substances.
- Withdraw from the mine for not having the required safety and health training.
- Exercise any statutory rights afforded by the Mine Act.
Who is covered?
Miners, representatives of miners, applicants for employment. All persons (including supervisors, contractors, construction or demolition workers, and truck drivers) working at a mine are considered to be "miners" and may exercise the rights given them by the Act.
How to file a complaint
How to contact MSHA
www.msha.gov/about/contact-msha
Resources
Office of Federal Contract Compliance Programs
You are protected from retaliation, intimidation, threats, coercion, harassment and discrimination because you have engaged in protected activity under any equal employment opportunity law enforced by OFCCP, such as filing a discrimination complaint, providing information to OFCCP during a compliance evaluation, or opposing practices made unlawful by equal opportunity laws.
Laws
- Executive Order 11246 - Executive Order 11246 requires affirmative action and prohibits federal contractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractors also are prohibited from discriminating against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations.
- Section 503 of the Rehabilitation Act - Section 503 of the Rehabilitation Act of 1973 prohibits federal contractors and subcontractors from discriminating in employment against qualified individuals with disabilities and requires employers take affirmative action to recruit, hire, promote, and retain these individuals.
- Vietnam Era Veterans’ Readjustment Assistance Act -The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) prohibits federal contractors and subcontractors from discriminating in employment against qualified protected veterans and requires employers take affirmative action to recruit, hire, promote, and retain these individuals.
- Individuals or groups may file complaints alleging retaliation or interference under any of the laws enforced by OFCCP.
Who is covered?
How to file a complaint
How to contact OFCCP
www.dol.gov/agencies/ofccp/contact
Resources
Wage and Hour Division
You are protected from retaliation for reporting issues relating minimum wage, overtime pay, recordkeeping, lie detector testing, family and medical leave, and youth employment (regardless of immigration status)
Laws
- Fair Labor Standards Act - The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
- Family and Medical Leave Act - The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
- Employee Polygraph Protection Act - The Employee Polygraph Protection Act generally prevents employers engaged in interstate commerce from using lie detector tests either for pre-employment screening or during the course of employment, with certain exemptions.
- Migrant and Seasonal Agricultural Worker Protection Act - The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, disclosures and recordkeeping. The MSPA also requires farm labor contractors to register with the U.S. Department of Labor (DOL).
Who is covered?
Any worker protected by any of the individual laws listed above is protected by their anti-retaliation provisions. Coverage differs among WHD’s laws, so please refer to our online resources to determine whether a particular law applies.
How to file a complaint
How to contact WHD
www.dol.gov/agencies/whd/contact
Resources
Know your rights: multiple pages, depending on the law addressed:
Veterans Employment and Training Service
You are protected from retaliation based on your current or former military status.
Laws
Uniform Services Employment and Re-employment Rights Act - The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members' reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation.
Who is covered?
Covers past or present members of the uniformed services, applicants for membership in the uniformed service, individuals that are obligated to serve in the uniformed service, veterans and members of the active and Reserve components of the U.S. armed forces.
How to file a complaint
www.dol.gov/agencies/vets/programs/userra/fileaclaim