A great deal of our practice involves interfacing with federal agencies, but they’re not all the same. The National Labor Relations Board (NLRB), the Equal Employment Opportunity Commission (EEOC), and the Department of Labor (DOL) are three distinct federal agencies in the United States, each with different responsibilities related to labor and employment.
National Labor Relations Board (NLRB) The NLRB primarily oversees the enforcement of labor laws related to collective bargaining and unfair labor practices.It protects the rights of employees to organize, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection.
The NLRBinvestigates and remedies unfair labor practices, conducts elections to determine union representation, and enforces orders related to labor disputes.
It operates under and is concerned with the National Labor Relations Act (NLRA) of 1935.
Typical Cases includeunion organizing efforts, employer retaliation against union activities, and collective bargaining disputes.
Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal laws prohibiting employment discrimination. It was created to ensure that employees and job applicants are not discriminated against based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
The EEOC investigates discrimination complaints, mediates and settles discrimination claims, and files lawsuits in a select handful of cases every year.
The main legislation the EEOC deals with is Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act of 1963.
Typical cases include workplace harassment, discrimination in hiring, firing, promotions, or compensation, as well as retaliation for filing a discrimination complaint or otherwise engaging in protected activity under a relevant statute.
Department of Labor (DOL)
The DOL oversees a broad range of labor and employment issues, including workplace safety, whistleblower protection, wage standards, and federally-protected leave under the FMLA.
The DOL enforces federal labor standards laws, administers unemployment insurance and workers’ compensation programs, regulates wage and hour standards through the Wage and Hour Division (WHD), and investigates violations under the FMLA.
The main legislation the DOL deals with is the Fair Labor Standards Act (FLSA) of 1938, the Occupational Safety and Health Act (OSH Act) of 1970, and the Family and Medical Leave Act (FMLA) of 1993.
Typical Cases include minimum wage and overtime pay disputes, certain whistleblower claims, workplace safety violations, and family and medical leave entitlements.
In summary, the NLRB deals with collective bargaining and unfair labor practices, The EEOC focuses on addressing employment discrimination, and The DOL handles a variety of labor issues including wage standards, workplace safety, and unemployment benefits.
These are all distinct areas of the law and can be confusing to navigate. If you’d like some help with a labor or employment dispute, If you have have been discriminated against for your sexual orientation or gender identity, contact me in Dallas or one of our other talented Texas employment lawyers in Austin or Houston today.