Wills & Trusts News

Lawmakers Move to Hold Labor Law Violators Accountable

U.S. Representatives Rosa L. DeLauro (Conn.-3) and George Miller (Calif.-7) today introduced legislation to stop the advance notice policy before the Labor Department properly investigates wage-and-hour law complaints.  The legislation is similar to a motion DeLauro offered in the House in June to the Labor HHS Appropriations bill. 

“Wal-Mart’s settlement with the Department of Labor put the interests of one of the nation’s worst labor law violators ahead of the protection of America’s workers,” said DeLauro.  “Labor law violators must be held accountable, not rewarded with sweetheart deals that allow them to continue to put workers at risk.  We must prohibit future agreements from providing notice of investigations or inspections.”

On January 6, 2005, the Department of Labor entered into a compliance agreement with Wal-Mart to settle violations of child labor laws Connecticut, New Hampshire and Arkansas.   Some of the children were operating cardboard balers and chain saws, which are considered hazardous jobs that employers cannot legally permit anyone under age 18 to perform.  Despite these findings, the compliance agreement granted Wal-Mart 15 days advance notice before DOL investigates any wage-and-hour law complaints - not just child labor complaints.  The 15-day advance notice applies to any and all Wal-Mart stores.  Thus, any wage-and hour- complaints filed with DOL by any Wal-Mart employee anywhere in the country will be forwarded to Wal-Mart’s corporate headquarters.   Wal-Mart will then have 15 days before DOL takes any action. 

Congressman George Miller, ranking Democrat on the House Education and Workforce Committee, requested the inspector general investigation of the settlement in February.

“The Department of Labor’s sweetheart deal with Wal-Mart gives the company the ability to sweep complaints about labor law violations under the rug,” said Miller. “The deal undermines workers’ rights and puts workers’ safety at risk. Congress has to act to make sure that the Bush Administration doesn’t agree to any more advance-notice deals, which benefit lawbreakers while jeopardizing workers.”

The legislation is called the “The Safe at Work Act.”

Dear Colleague Letter on the Safe at Work Act: edworkforce.house.gov/democrats/109th/walmartdc.html.

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