It is only natural that when you start a business, you are
doing something different than most people. They not only
will look at you because you stick out like a sore thumb --
but human nature will cause people to naturally ridicule
what you are doing. They will tell you all types of things
like: "You're not business material." "You can't make a
living working for yourself." "You'll fail because nobody
can ever make any money that way."
Entrepreneurship is not just about having a lot of ideas
or business sense. It is also about having a lot of guts.
You have to build self-confidence in yourself. You have to
only be concerned with pleasing yourself and your Creator
(God)-- not mankind. Then, when (and if) you should fail
with this particular venture, you'll just dust yourself
off and start again. It doesn't matter if people "think"
you're nuts! They aren't paying your rent and running
your life. Don't be concerned with what people "think" you
should be. Just please yourself and do what you feel
is right. People are too busy competing with society and
"keeping up with the Jones's" that they do things they are
not comfortable with just to appease them and look
"normal" (whatever that is.)
And if you have to -- start out small in building your
self-confidence. I used to be so self-conscious that I
would never eat at a restaurant alone because I thought
people would believe I was lonely and had no friends.
Unbelievable, but true. But, everyday I worked on walking
into a restaurant, taking a magazine to read and eating
alone. I would glance around, and to my amazement, no one
ever looked at me. No one cared that I was eating alone.
Then _ it dawned on me; "Who cares what these people
think? I'll never see them again." Besides, there were a
lot of other people eating alone also and I could absorb
myself in the magazine I had took to read. Now, I can eat
in restaurants and not give any thought to the people
around me.
But back to business -- when most people do fail in
business they try to "save face" by telling everyone they
are "just in a slump" and everything will be back to
normal soon. Besides, they don't want people to say: "I
told you so" and destroy any pride they are still hanging
onto. Unfortunately, this only delays the problem and
creates even more false hope for the people in your life
as well as yourself.
The best thing to do for anybody in this catastrophe is to
swallow their pride and admit they screwed up. Just face
it head on! Admit that you were so proud of your
accomplishments that your mind became diluted with
"visions of sugar plums and fantasyland."
If your small business is beyond repair, go out and find a
job and begin working on your next small business in the
near future. Keep your family fed and your financial
obligations met but look forward to the day when you WILL
succeed with your new business venture.
And why should you try again? Simply because you won't
make the same mistakes you made this time. If you built
something successful before (but failed), you are certain
to build the next business stronger and wiser. Even if you
fail the second time, it won't be because of mistakes you
made the first time. You'll learn more and more -- and
eventually be successful. It's inevitable!
Friday, February 29, 2008
What Makes An Entrepreneur Tick?
Avoiding Patent, Trademark And Copyright Problems
INTRODUCTION
Patents, copyrights and trademarks, as well as know-
how or trade secrets, are often collectively referred
to as intellectual property. Many firms have such property
without even being aware of it or of the need to take
measures to protect it.
Many people's notions of intellectual property are
unrealistic. Some believe, for example, that having a
patent on a product will enable one to succeed in the
marketplace. Consequently, they may spend thousands of
dollars to obtain the exclusive rights to market something
that no one wants or can afford to buy. Others may
conclude that intellectual property protection is not
worth the expense and bother.
People who may not be interested in protecting their
own rights still must take precautions to avoid infringing
on the rights of others. This calls for more than the
avoidance of copying. Copying is unavoidable; it is a way
of life and one way in which we learn. But, one can easily
infringe on the rights of others without deliberately
imitating specific features of goods or services.
This publication addresses the steps newcomers to a
market should take to avoid infringement and when they
should take them.
PATENTS
Most people have heard variations on a remark
attributed to Ralph Waldo Emerson: If a man can make a
better mousetrap than his neighbor, though he builds his
house in the woods the world will beat a path to his door.
To keep the discussion concrete, let's imagine a present
day inventor of a new mousetrap who not only invents a
better mousetrap but is also successful in marketing
it. The higher the inventor's profit margin, the more
others will want to copy his invention. Let's assume that
the inventor selects Figaro as the brand name and actively
promotes the product. However, he does not legally protect
his invention, but relies on the consumers' loyalty,
goodwill and brand identification to ensure future sales.
Taking measures to develop loyalty and goodwill may be
sufficient until a larger and better known competitor
turns up. For example, what if economies of scale and lack
of development costs mean that the competitor can sell the
same mousetrap for 20 percent less? Goodwill may not be
enough to ensure customer loyalty at a higher price. A
patent would be much more helpful, because it would
prevent the competitor from selling the new trap until
well after the original firm had a chance to get on its
feet. This situation illustrates that it is the smaller
firm that often has the most to gain from protecting
intellectual property.
As bad as the situation is without patent protection,
it could be worse. Let's assume that customers are so
taken by the Figaro promotion that they are willing to pay
the 25 percent premium the firm charges in order to stay
in business. Imagine what would happen if the company had
to stop using that name or had to face an expensive
lawsuit. Imagine what would happen if it turns out
that someone else actually has a current patent on one or
more features of the better mousetrap. By failing to
consider the intellectual property of others, the new firm
would not only be forced to stop selling under the name
Figaro, but might be forced to stop selling the mousetrap
altogether.
AVOIDING PATENT INFRINGEMENT
Utility patents - what people usually mean when they
use the term patents - provide 17 years of exclusive
rights for inventions that deal with the way things work.
Design patents afford 14 years of protection for
significant improvement in the appearance of useful items,
such as car bodies or furniture. Both of these patents do
more than prevent copying; they forbid the making, using
or selling of an invention similar to or the same as the
protected invention, even though the second invention was
independently created. (Plant patents, which will not be
covered in this discussion, may not give the same
protection.)
Copying may actually be a way to avoid infringement.
The inventor of the mousetrap might have avoided potential
problems by using technology that was described in a
printed publication, publicly used or on sale. Products
that are on sale and give no notice of patent coverage are
relatively free from the risk of infringement.
Any person trying to market fairly new technology that
doesn't appear to be patented should keep in mind that an
inventor has one year from public sale or disclosure
within which to file a patent application. In addition,
because patents often take two or more years to obtain,
there is still a chance that a patent could be issued at a
later time. Although there is no liability for
infringement prior to issuance of a patent, a competitor
would have to cease making, using or selling the
technology once the patent was issued, thus risking the
loss of both start-up costs and inventory.
Of course, if our inventor was determined to make a
better mousetrap, there would be no interest in copying
something else in the market. Still, before spending too
much time and money on research, the inventor should
ensure that others do not have exclusive rights in the
area being explored. The inventor certainly should not
assume that, because a product is not on the market, it is
unpatented. As many independent inventors have learned to
their chagrin, it is usually easier to patent something
than to market it profitably.
A PATENT SEARCH
The inventor should hire a patent attorney or agent to
conduct an infringement search. A patent agent is a
technically trained person who has passed a special
examination given by the U.S. Patent and Trademark
Office; a patent lawyer is one permitted to draft
contracts and provide other general legal services. Patent
searches can be expensive if one must consult foreign
records; it is much less costly to determine whether
technology is currently patented in the United States.
Yet, as we will see, there is value in going somewhat
beyond that point.
A search might reveal that (1) someone else had a
patent that has since expired, i.e., the information
patented is now in the public domain; (2) no current or
expired patents cover the area of proposed research or (3)
someone else has a current patent covering all or part of
the proposed design. Let's consider these potential
results in order.
THE INVENTION IS IN THE PUBLIC DOMAIN
If the mousetrap (or an obvious variation) was
disclosed in an expired patent, the inventor is free to
manufacture and market it without concern for the patent
laws. Also, even if the inventor didn't find exactly what
he or she originally had in mind, a host of good and
freely used ideas that are even better might have
been discovered. These alone could be worth several times
the price of the search in saving research and development
time.
ONE OR MORE ELEMENTS OF THE PROPOSED
MOUSETRAP APPEAR TO BE NEW
If, after a thorough search, our inventor's proposed
improvements to the mousetrap seem not only to be novel
but also to offer significant advantages over the prior
design, the inventor may seek a patent and/or begin
selling the mousetrap without further ado. If, however,
the inventor begins selling without first filing a patent
application, he immediately forfeits possible protection
in many other countries and also forfeits any possibility
of patent rights in the United States after one year.
ASPECTS OF THE PROPOSED DESIGN ARE COVERED
BY A CURRENT PATENT
If an unexpired patent is found to cover any part of
the proposed mousetrap design, the inventor knows that he
is not free to use it without a license. Infringing on a
current patent exposes one to a suit for damages as well
as an injunction against future use. Even an injunction
might mean substantial costs, including the loss of
current inventory, and a patent covering even a small
feature of the new mousetrap might give rise to the need
to retool. Although deliberate infringement is more
serious,ignorance of others' patents is no defense.
TRADEMARKS
Trademarks (or brand names) indicate commercial
source. Trademarks may be words, logos or other symbols
indicating that goods come from a particular company. They
may even be sounds, three-dimensional symbols (such as the
well-known McDonald's golden arches) or colors. There are
also service marks, which indicate the source of services,
and other kinds of marks that will not be considered here.
As with patents, one can infringe on another's marks
without copying them or even being in direct competition
with their owner. All that is necessary is to use the same
or a similar mark under circumstances in which consumers
may be confused as to the source or sponsorship of the
goods or services.
A TRADEMARK SEARCH
A trademark search is the only way to find out whether
Figaro or something confusingly similar is being used by
others as a mark for a mousetrap (or perhaps such things
as rodenticides) in the proposed market area. It is also
necessary to determine whether the mark has been
registered in the U.S. Patent and Trademark Office, which
could give the registrant rights well beyond the market
areas currently occupied.
There are two reasons why a search may not be
sufficient. First, in the United States, it is unnecessary
for a firm to do more than use a good mark to have
trademark rights in its market area. Consequently, a
search may not locate all such prior users. Second,
people may be able to prevent the use of a potential mark
without having used it as a mark themselves; for example,
when a trademark can be associated with others in such a
way that consumers might presume that some kind of
relationship might exist. This is where the mark Figaro
would run into trouble.
As you may recall, Figaro is the name of the cat in
the Disney film Pinocchio. Although the Walt Disney
Company does not have a monopoly on the use of the name,
it might nevertheless be able to prevent it from being
used on a mousetrap. If that seems too farfetched,
consider the company's concern if "Mickey" had somehow
been part of the mousetrap name!
COPYRIGHTS
A copyright provides an owner with the exclusive
rights to reproduce a certain work for a specified period,
subject to some basic limits. The term of a copyright is
the lifetime of the author plus 50 years in the case of
identifiable, living authors. Copyrights arise
automatically and are inexpensive to register.
Searching for a prior copyright is probably
unnecessary. Copyright infringement can be avoided by
establishing that a work was independently created.
Therefore, records showing independent creation are
helpful to avoid liability. Even with such records,
establishing independent creation may be difficult if the
original work was widely disseminated or otherwise
available to the alleged infringer. In one such case, the
court held that,although copying may have been
unconscious, the original was nevertheless infringed.
One of the limits to copyright protection is that
ideas (compared to expressions) and technology (computer
software aside) are generally not protected. This means
that our inventor is free, at least as far as copyright
laws are concerned, to use any information that can be
found in books on mousetrap designs and to make and sell
working copies of anything shown or described. Copyright
gives the owner only the right to prevent reproduction
of the text or drawings themselves.
What if the inventor wants to use some of that text,
for example,in an advertisement? There is a remote
possibility that such use might be protected under the
"fair use" defense, but it would be very unwise to proceed
without getting permission from the copyright holder or
seeking expert advice.
TRADE SECRETS
Trade secrets overlap the subject matter of copyrights
and patents. As long as efforts have been made to preserve
secrecy, a suit may be brought to redress the
misappropriation (or wrongful taking) of almost any kind
of information of competitive value. Misappropriation
includes industrial espionage and breaches of
confidential relationships (for example, by former
employees), but it does not include reverse engineering.
Thus, a trade secret suit will not succeed if an aspect of
a product's design or construction was obtained by
examining an item purchased in the marketplace. Nor will a
suit be useful against those who independently discover a
secret process or recompile commercially valuable
information.
The risk of being accused of misappropriating a trade
secret is never very high, particularly if one seeks
competent legal advice before using unlicensed information
that has not been obtained through reverse engineering.
THE NEED FOR EXPERIENCED COUNSEL
Any attorney admitted to practice in any state in the
country is technically qualified to register trademarks
with the U.S. Patent and Trademark Office or copyrights
with the U.S. Copyright Office in Washington D.C. Unlike
the situation with patents, no special examination is
given to determine whether the attorney is familiar with
the copyright or trademark law or registration
procedures, for example. Clients are advised to seek an
attorney who specializes in such matters.
SUMMARY
Whether or not our mousetrap inventor takes measures
to preserve the intellectual property, he or she certainly
should avoid infringing on the rights of others. Although
this is not difficult in the case of copyrights and trade
secrets, patents and trademarks are another matter
altogether.
Unquestionably, it costs precious start-up capital to
have patent and trademark searches performed; however,
proceeding in a new venture without doing so is equivalent
to erecting a building or signing a long-term lease
without checking the real estate title. Searches will not
make the product appeal to the public, but they will
ensure enjoyment of any hard-won market success. A patent
search is comparatively cheap insurance against the
possible need to retool or to absorb inventory losses.
Moreover, a close look before adopting a trademark is
cheaper in the long run than the cost of advertising and
new promotions designed to advise customers to seek the
mousetrap under a new name.
APPENDIX A: FURTHER INFORMATION ON
INTELLECTUAL PROPERTY
Patent and Trademark Office, Washington, DC 20231, or
the United States Trademark Association, 6 E. 45th Street,
New York, NY 10017. Both publish free or inexpensive
booklets.
A booklet for independent inventors, "So You Have An
Idea", is available from the Innovation Clinic, 2 White
Street, Concord, NH 03301. To order it send $2.00 and a
self-addressed mailing label. The Innovation Clinic also
has a set of HyperCard stacks (for Macintosh computers)
covering several topics of interest to inventors and small
business owners. These are available for $5.00 and a self-
addressed mailing label.
Write to the Copyright Office, Washington, DC 20559,
indicating the subject matter in which you are
particularly interested, for example, music or arts.
"Patents Trademarks and Copyrights", Lawrence E.
Evans, Jr., 1986, Gunn, Lee and Jackson, Eleven Greenway
Plaza, Suite 1616, Houston, TX 77046.
You may want to consult one or more of the many
inventors' handbooks available at public libraries. One
example is "How to Profit From Your Ideas", Flemming Bank,
1985 ($12.95). Bank and Associates, P.O. Box 20365,
Portland, OR 97220. This is a step-by-step guide that
shows how you can make money by turning your creative
ideas into marketable products.
APPENDIX B: INFORMATION RESOURCES
U.S. Small Business Administration (SBA)
The SBA offers an extensive selection of information
on most business management topics, from how to start a
business to exporting your products.
This information is listed in "The Small Business
Directory". For a free copy contact your nearest SBA
office.
SBA has offices throughout the country. Consult the
U.S. Government section in your telephone directory for
the office nearest you. SBA offers a number of programs
and services,including training and educational programs,
counseling services, financial programs and contract
assistance. Ask about
- Service Corps of Retired Executives (SCORE), a
national organization sponsored by SBA of over 13,000
volunteer business executives who provide free counseling,
workshops and seminars to prospective and existing small
business people.
- Small Business Development Centers (SBDCs),
sponsored by the SBA in partnership with state and local
governments, the educational community and the private
sector. They provide assistance, counseling and training
to prospective and existing business people.
- Small Business Institutes (SBIs), organized through
SBA on more than 500 college campuses nationwide. The
institutes provide counseling by students and faculty to
small business clients.
For more information about SBA business development
programs and services call the SBA Small Business Answer
Desk at 1-800-8-ASK-SBA (827-5722).
Other U.S. Government Resources
Many publications on business management and other
related topics are available from the Government Printing
Office (GPO). GPO bookstores are located in 24 major
cities and are listed in the Yellow Pages under the
"bookstore" heading. You can request a "Subject
Bibliography" by writing to Government Printing Office,
Superintendent of Documents, Washington, DC 20402-9328.
Many federal agencies offer publications of interest
to small businesses. There is a nominal fee for some, but
most are free. Below is a selected list of government
agencies that provide publications and other services
targeted to small businesses. To get their publications,
contact the regional offices listed in the telephone
directory or write to the addresses below:
- Consumer Information Center (CIC), P.O. Box 100
Pueblo, CO 81002. The CIC offers a consumer information
catalog of federal publications.
- Library of Congress Copyright Office, Register of
Copyrights, Washington, DC 20559
- Patent and Trademark Office (PTO), Washington, DC
20231. Public Service Center: (703) 557-INFO
- U.S. Department of Commerce (DOC), Office of
Business Liaison,14th Street and Constitution Avenue, NW,
Room 5898C, Washington, DC 20230 DOC's Business
Assistance Center provides listings of business
opportunities available in the federal government. This
service also will refer businesses to different programs
and services in the DOC and other federal agencies.
Nongovernment Organizations
- Software Publishers Association, 1101 Connecticut
Avenue, NW Suite 901, Washington, DC 20036
- United States Trademark Association, 6 E. 45th
Street, New York, NY 10017
For More Information
A librarian can help you locate the specific
information you need in reference books. Most libraries
have a variety of directories,indexes and encyclopedias
that cover many business topics. They also have other
resources, such as
- Trade association information - Ask the librarian
to show you a directory of trade associations.
Associations provide a valuable network of resources to
their members through publications and services such as
newsletters, conferences and seminars.
- Books - Many guidebooks, textbooks and manuals on
small business are published annually. To find the names
of books not in your local library check "Books In Print",
a directory of books currently available from publishers.
- Magazine and newspaper articles - Business and
professional magazines provide information that is more
current than that found in books and textbooks. There are
a number of indexes to help you find specific articles in
periodicals.
In addition to books and magazines, many libraries
offer free workshops, lend skill-building tapes and have
catalogues and brochures describing continuing education
opportunities.
Basic Uses Of Computer Bulletin Boards (Nostalgia)
The following article was originally written several years ago, but having run a BBS myself (called Aardvark Dreams, from about 1993-1996), I still find it an interesting look at an older phase of online communication.
Basic Uses Of Computer Bulletin Boards
You can use BBSes to send and receive messages from people
all around the world where there is a telephone; send and
receive various files and programs from people and
companies; as well as play games, receive information, and
just have a good a good time.
What Is A Computer Bulletin Board?
Computer bulletin boards are more commonly referred to as
a bulletin board system, or "BBS" (for short). A BBS is a
computer that uses a special program whaich allows other
computers to call it up by using regular phone lines. A
BBS is like a storage facility that permits people to send
and receive messages through their computers, as well as
send and receive files.
General Uses of BBSes
There are many uses for BBSes. You can use them like a
regular (cork) bulletin board. You can use them to post
jokes, notices, news flashes, and so on... You can also
use them much the same way that you would use a CB.
People can hold a "conversation" over the computer by
sending messages back and forth just by typing the
sentences into the computer, and posting them on a BBS.
BBSes can also be used to send and receive private
messages. You can use a BBS to gather information about a
certain topic, as well as ask other people to help you
with something. A lot of people exchange files and
programs, and play games with people through the computer.
You can also use BBSes to buy and sell things.
The Business Use of BBSes
Many businesses use BBSes to send electronic mail to
distributors, and distributing networks. They use them
also to talk to business prospects. Businesses use BBSes
for a variety of reasons. Auto Repair Shops, Mail-Order
Companies, Government Offices, Travel Agencies, Banks, and
Sales Organizations are among the different types of
businesses that frequently use BBSes to do business.
A Short History Of BBSes
In 1978, Ward Christiansen and Randy Suess wrote the first
BBS software program. They called it CBBS (Computer
Bulletin Board System). They designed the BBS to look
like a real bulletin board that you would find in a
supermarket, a school, or at the office. The idea was for
people and businesses to be able to use their computers to
exchange information, post messages and contact people
over the phone.
Since then, BBSes have become mainstream, numbering close
to over 40,000 public and 120,000 private BBSes. There
are approximately 12 million BBS users nationwide, and
growing daily as modems become standard equipment
in every computer sold, growing at a rate of about 10,000
a day. Estimates suggest that by the year 2000 there will
be more than 25 million BBS users nationwide. Get ready
to give them information.
Success Through Creative Thinking
When solving problems after you have exhausted the normal means
of coming up with the solution, think in terms of unorthodox
methods. Vary your thinking and try to solve the problems by
creating something completely new and irrelevant. Come into the
problem through the "back door".
Research and curiosity go hand in hand in solving the toughest
problems. Quite often the answer is so simple, it is not
obvious to us. Use an organized plan to work with and record
the results logically so you will have a format to follow and a
basis for review as you proceed to create something new or solve
an "unsolvable" problem.
Creating new programs or products by association is another
method of thinking. You first think of an object which is
similar or adjacent to the subject item, then continue the
"chain" of associated thoughts until new and useful programs or
products emerge as ideas. Relate these ideas to the subject
item by trial and error or by analysis of all the variables
involved.
Plain old fashioned "daydreaming" is another method of creative
thinking. Make up a fantastic story in your mind and try to
visualize (dream) your way to a successful conclusion based on
what results you are trying to achieve.
Consider all the alternatives to what you're trying to come up
with. Gather together and analyze all the data you can find
about the subject. If you get into a rut, leave it lie. Go to
some other aspect of the puzzle. come back to it later. Quite
often as you progress it will suddenly appear, bright and clear.
When it does, write it all down so you won't lose it as your
mind drifts to the next step.
Complete one step at a time. By breaking it down to size you
can solve it in segments. Don't try to override your mistakes.
Recognize them and bury them so they will help, not hinder, your
progress toward your creative goal.
Don't further confuse the issue by doing so much study and
research that there are too many roads to take.
Thursday, February 28, 2008
99 Ways For A Photographer To Make Money
SPECIAL EVENTS
1. Photograph vocational school graduates
2. Wedding photographer
3. Photograph large parties
4. Photograph at banquets
5. Prom and graduation photos
6. Photograph fashion shows
7. Photograph trade shows
8. Wedding movies
9. Photograph new stores' grand openings
10. Photograph local performances
11. Commencement day photographs
PEOPLE
12. Take pictures of people mounted on a horse
13. Make polaroid pictures of seamen going abroad
14. Take pictures of people wearing special costumes
15. Photograph people on a fancy motorcycle
16. Take pictures of people in nightclubs
17. Take pictures on the beach
18. Antique photo shop - produce 1890's type portraits for the
"nostalgic crazy"
19. Take I.D. photos
20. Take passport photos
21. Specialize in legal photography
22. Produce community yearbooks
23. Produce company year books
24. Produce composites for models, actors and actresses
25. Photo fund raising
26. Take slow-motion sports film for athletes
27. Take executive portraits
28. Photograph children on a pony
29. Take portraits of children in department stores or malls
30. A day in a child's life - an album of 30 pictures
31. School photography
32. Santa Claus portraits
33. Travelling industrial photographer
34. Ilustrate manufacturers' sales manuals and catalogs
35. Ilustrate manufactuers' sales manuals and catalogs
36. Public relation photos for business
37. Photograph store fronts
38. Produce progress photos on construction sites
39. Real estate photography
40. Produce illustrated promotional brochures for business
firms, hotels, etc.
41. Interior decorator's photographer
42. Photograph in-store merchandise displays
ON THE ROAD
43. Foreign fashion photography for textile and fashion
manufacturers
44. Photograph tourists in famous places
45. Summer camp photographer
46. Roving festival photographer
47. Sell scenic prints to gift shops and hotels
48. Offer personalized vacation photo packages to resort clients
49. Sell slide shows of interesting places or subjects
50. Build a mobile portrait studio in a trailer or van
51. Be a slide-show lecturer on different subjects and
geographic locations
MAKING NOVELTIES
52. Candid keychain photos
53. Photo stamps
54. Color postcards for hotels or resorts
55. Exceptional color scenes for calendar printers
56. Personalized Christmas cards - with family portraits or
photos of family home
57. Photo buttons
58. Photographs on coffee mugs
59. Photographs on shirts
60. Imprint a photograph of a child on the face of her doll
61. Photo sculptures
62. Bookends adorned with any desired photographic subject
63. Decorative photo plaques
64. Personalized photo matchbooks
65. Instant personal postcards by gluing polaroid shots to blank
postcards
66. Stationery imprinted with personal portraits
67. Custom calendars
SERVICES
68. A microfilming service
69. Photo duplicating service
70. Slide duplicating service
71. Restoring old photos
72. Producing filmstrips
73. Duplicating negatives to sell
74. Slide-titling service
75. Making offset negatives and plates
76. Collecting old photos to make into books
77. Making photomurals
78. Retouching service
79. Custom photo lab
80. Blowing up photos, on the spot
81. Photo oil portraits
82. Selling prints to photo agencies
83. Camera rental
84. Camera exchange
85. Repairing cameras
86. Teaching photography
MISCELLANEOUS
87. Making postcards
88. Publicity photography
89. Photographic essays for various publications
90. T.V. news freelancing
91. Selling news photos
92. Taking and selling peculiar photos
93. Selling local photos for travel magazines
94. Aerial photography
95. Documentary film making
96. Photos of human interest
97. Composing photo guides for tourists
98. Photographing accidents for lawyers and insurance companies
99. Photographing parades
How To Make Cheap Artificial Ice Without Machinery
Mix up in a large container a mild solution of water and
sulphuric acid, with a handful of sodium sulphate (Glauber Salt)
thrown in.
Then place a smaller container filled with the water to be
frozen in the solution. The water will soon freeze.
50 Ways To Make More Money In Network Marketing
1. Use your products regularly.
2. Make a total commitment to your program for at least one year.
3. Sell yourself first, then the products and the marketing plan.
4. Spend 90% of your business time with distributors, customers
and prospects.
5. Present your products and marketing plan personally to at
least one person daily.
6. Let everyone know what business you are in. Advertise.
7. Make "understanding people" more important that product
knowledge.
8. Duplicate yourself by making distributors independent of you.
9. Motivate your group monthly by offering money, travel,
recognition and other rewards for specific achievements.
10. Praise your distributor's accomplishments.
11. Mingle with top distributors and ask how they made it.
12. Be persistent - only one out of every 20 people you approach
may get serious about the business or be interested in your
products.
13. Lead by example. Never stop recruiting, training and retailing.
14. Keep it simple: do things others can easily duplicate and copy.
15. Keep in touch - communicate by newsletter, meetings, weekly
calls, postcards, voice mail - pass on pertinent information
immediately.
16. Conduct simple, brief, dramatic presentations.
17. Listen 80% of the time, talk 20%.
18. Satisfy all complaints immediately.
19. Concentrate on what you can do for your distributors and
customers, not on your own profits.
20. Ask for referrals from your best customers.
21. Give customers more than they expect. Everyone loves a free
gift.
22. Develop at least 30 retail and/or wholesale customers.
23. Provide one-day delivery service.
24. Believe in your products so much that you know every person
you talk to is going to buy from you.
25. Tell your customers how much you appreciate their business.
26. Don't accept "no" as a final answer - approach each prospect
at least 12 times a year with new information.
27. Send customers monthly promotional information. Don't your
forget your customers and don't let your customers forget you!
28. Speak enthusiastically about your business and products.
29. Work on top priority projects that produce the highest returns.
30. Build your list of contacts daily while you build your
reputation.
31. Approach former top producers. They are always open.
32. Fit the needs of a prospect with the benefits of your products
and/or business opportunity.
33. Organize your files so you can locate any piece of information
in 30 seconds.
34. Use an answering machine or service, and return all calls within
24 hours. Use a cellular phone for best service.
35. Set daily, weekly, monthly and yearly goals - and do whatever
is necessary to achieve them.
36. Do not pass negative rumors downline! Check the facts yourself.
37. Listen to cassette rapes on multi-level tips from top earners.
38. Subscribe to multi-level magazines. Read self-help books.
39. Expand your distributorship world-wide. Think big!
40. Tell others what they are interested in knowing, not what you
think they should hear.
41. Spend money on things that will make you more money.
42. Schedule important tasks at the time of day when you are your
best.
43. Delegate - do those things only you can do.
44. Read biographies of successful people to be inspired by their
lives.
45. Present business opportunities and training regularly.
46. Plow your profits back into building your business.
47. Know that if others can do it, so can you. Challenge yourself.
48. Give yourself a reward for reaching your goal and a penalty for
falling short.
49. Have so much fun in your business that others want to join you.
50. Do it now!
Making The Grant Process Simple
Have you ever had a big project you needed to start, but didn't
know what to do first? Perhaps it is something which required a
lot of labor, like landscaping your yard or remodeling your
house. When you undertake a project of this magnitude, it's not
uncommon to feel overwhelmed and discouraged by the amount of
work which needs to be done. But once you find a starting spot
and get things going, it seems all to fall in place.
That's just the way you need to think about a grant proposal.
If you have ever considered applying for a grant but were
intimidated by the rather lengthily and complicated procedure,
then maybe you need a little help finding a place to start. Once
you get your feet on the road, you'll find the journey much
easier than you imagined.
Let's go back to the comparison between writing a grant proposal
and remodeling your house. If you were going to remodel, lay down
new carpet and reupholster the sofa-you wouldn't start by ripping
up the old carpet. Nor would you begin by slapping a new coat of
paint on the walls or tearing down the old drapes. In fact, you
would probably begin the project by taking out your Yellow Pages
and looking under Home Improvements. This would give you a good
idea which stores offer the kind of price range of these goods
will be. Once you have a clear idea of what is available, you can
call each store to talk to the salespeople and see if they had
what you were interested in. Only after making this initial
contact would you take the effort to drive down to the store and
make a purchase.
So, like that home improvement project, receiving a grant starts
with a little research. First you'll want to determine what is
available. Then you need to make initial contact with the agency
or foundation and see if your need for money fits their
guidelines. Once that's done, you will find it easier to complete
your proposal and obtain a grant.
Begin by going to the Yellow Pages of grants: The Foundation
Directory. You can find this book in the reference section of
your local library or, if you live in a rural area, you may need
to travel to a larger public library in the nearest major city.
In this lengthily directory you will find descriptions of every
private grant foundation in the United States. By reading through
these listings you will find grants for every purpose you can
imagine, from education to artistic projects, scientific research
to projects to help the homeless. You will also learn what kind
of funding the foundations provide to these projects-some will
offer a few hundred dollars, while others will give thousands and
even millions of dollars a year.
There is another Yellow Pages for government money: The Catalog
of Federal Domestic Assistance. Like the Foundation Directory,
The Catalog of Federal Domestic Assistance lists every source of
free money given away by the government, and the number of causes
funded by private foundations is dwarfed by the scope of
government grants.
While looking through these grant listings, jot down the
addresses and phone numbers of any foundations or government
agencies which look promising along with any other important
information. Later, you will be able to access this list easily
rather than having to go back through the entire book.
Now you have a list of initial contacts for your grant needs,
much like you would have after glancing through the Yellow Pages
for your remodeling needs. Next, you need to get a little more
information about the foundations on the list just as you would
about the hardware stores. But how do you do that? In the case of
the home improvement stores, you would pick up the phone and call
them. Unfortunately, you cannot make a phone call to most grant
foundations and calling government agencies is an effort which is
abortive as often as it is productive, but you can write a letter
to them.
This letter, referred to as a "letter of inquiry," will be your
first contact with the foundation. It is your way of reaching out
and shaking hands with the foundation director and introducing
yourself. In order to make a good impression, keep this letter
brief and to the point. Being long winded or redundant will only
start you off on a bad foot.
Many people are rather hesitant to compose this letter even
though they stand to lose nothing and given thousands of dollars.
Perhaps the reason is because they are not sure exactly what
should be included in the letter. When putting your letter
inquiry together, be sure to include:
* Your name, address and phone number
* A brief introduction and description of your project or need
for money.
* A Request for the foundation's annual report and grant
application.
* A request for a list of previous grant recipients, a sample
grant proposal and the foundation's tax returns form the
previous year.
The annual report is sort of a prospectus for the grant
foundation. Reading it, you will learn exactly what the
foundation gives money away for, how extensive your proposal will
need to be, how much money they give away to particular projects,
and when the applicant deadline is. Although not all foundations
make the information available, if you can obtain a list of past
recipients and a sample successful proposal you will be ahead of
the game because you will have concrete examples to guide you.
Or, you can contact the past grantees and inquire what they did
to set their proposal or project above the others. With this
information, you can hardly go wrong when you begin to write your
own proposal.
Once you have your letter ready, send it out to every grant
foundation you feel you might be eligible for. By sending one
letter to each foundation, you will assured of a large volume of
responses.
Soon the material you requested from the foundations will begin
appearing in your mail box. When you read through all of these
papers, you will discover that some foundations are not what you
thought they would be, while others do not fund projects exactly
like yours. However, you may discover that some of them are
willing to give money. In fact, it shouldn't be too long before
you have a list of at least a dozen foundations that are likely
grant givers. It is to these you must send your finished grant
proposal.
LENDING A HELPING HAND
"But I don't qualify for any of these grants!" That's one of the
most common complaints uttered by grant seekers when paging
through the Foundation Directory or The Catalog of Federal
Domestic Assistance, and sometimes it's very valid. After all,
most grants are very specialized, and many are not available to
individuals. However, it's hard to imagine, with the huge variety
of grants that are available, that someone is not eligible for
any of them.
Most likely is the situation where, after receiving a grant, an
individual might want to find another method to cash in on the
process. It seems a shame to let all of that experience and
research go to waste on a single grant.
So, rather than worrying about the fact that you have used up all
your time and energy on one grant just for yourself, perhaps you
should look into becoming a grant broker. Working as a grant
broker, you will be acting as a middleman for nonprofit agencies
looking for funding, and for government and/or private grant
sources which have money to give away.
There is a common misconception about nonprofit companies: Most
people seem to think that they cannot engage in any activity
which brings in cash. In reality, the nonprofit status simply
means that the company cannot disperse its profit as bonuses
among its employees. They can make money, pay regular salaries to
their employees, advertise, and reinvest their profits by putting
them back into the corporation.
The first thing to understand about being a grant broker is how
to make money. Many first-time grant seekers imagine that a grant
broker would do well charging a commission, or a percentage of
the total grant awarded. This is true. So true, in fact. that it
is illegal for grant brokers to collect a commission. instead,
they must charge a set fee for their services and collect only
that amount. While this may seem somewhat limiting, it has one
advantage: You will be paid whether or not you secure a grant for
your nonprofit company.
You already know about your grant sources, so you'll need to
research the other half of the equation: the nonprofit
organizations in your area. There are two basic types of
nonprofit groups which you will be able to help with your
grant-seeking efforts-charities and social action organizations.
charities are any group whose main goal is to help human beings
(the homeless, the poor, the handicapped) with their efforts.
Social action organizations are groups involved with issues like
animal rights, political decisions, the environment, etc.
As a grant broker, you must contact several of the nonprofit
groups in your area and convince them that you can assist them in
efforts by securing grant funds for them. The first contact can
be made by simply using your free money letter; they will send
you information about the organization and you will be able to
determine if you are interested in finding financing for them.
Or, if you are more confident about your grant-winning ability,
you can introduce yourself and your service in the letter.
Once you have attracted the interest of the nonprofit group. you
can either collect a small "finder's fee" for giving them a list
of grants that they are eligible for and let them apply for the
money themselves, or you can charge a bit more and write the
grant proposal for the group yourself. Many nonprofit groups will
insist on you doing this.
Remember, when approaching the nonprofit group, your grant
experience is your resume. If you have secured a grant for
yourself, tell them about it. If not, tell them that you have
spent time researching grant sources and the application process.
Once you have successfully secured grants for a few nonprofit
groups, you will find that others will be much more receptive to
your brokerage business. Some may actually seek you out and treat
you very obsequiously. Your knowledge and experience are very
important to them.
ONE FINAL WORD OF ADVICE
If traditional sources of grant money haven't been working out, a
final possibility might be corporations. Large companies often
give money for public projects. Many of these companies already
have their own foundations (i.e. the Ford Foundation), but others
may have programs which are not specifically mentioned in the
Foundation Directory.
If you think you have a project which might interest a corporate
philanthropic program, consider all the major companies in your
area. Many corporate programs are geographic in nature, that is,
they may apply mainly to the region in which the company has a
major base of operations. Unfold a map of your area and draw a
25-mile radius circle around your house. Then consider all the
major industries which fall into all circle and start writing. If
none of these attempts pan out, you can start trying other
companies at progressively farther distances away. As a last
resort, try large companies out of state. Exhaust all
possibilities, and always remember that the money may not be
where you think it is.
Once you compose your letter of introduction, you may be
wondering who to send it to. Here is a brief list of grant
foundations to which you can mail your letter. If you'd like more
information, check The Foundation Directory in your local or The
Secrets Of Getting Free Money by Tim Darth.
FORD FOUNDATION
320 East 43rd St.,
New York, NY 10017
Contact: Barron M. Tenny
Information: Money given for projects associated with research,
training and other activities related to urban poverty, human
rights, rural poverty, education and culture, public policy and
international affairs.
THE BABY FOUNDATION FOR THE MUSICAL ARTS
501 Fifth Ave.,
New York, NY 10017
Contact: Eleanor C. Mark
Information: Grants given for musical study based on need and
talent.
GATLING GRANT
North Carolina State University
P.O. Box 7302
Raleigh, NC 27695-7302
Contact: Financial Aid Office
Information: If your last name is Gatling and you want to attend
this university, you qualify for this grant. There is $1.2
million available in this fund.
CARNATION COMPANY SCHOLARSHIP FOUNDATION
5045 Wilshire Boulevard
Los Angeles, CA 90036
Contact: Board of Advisors
Information: Scholarships for higher education to relatives of
Carnation Company employees on the basis of academic merit and
financial need.
NEW HORIZONS FOUNDATION
700 South Flower St.,Ste 1122
Los Angeles, CA 90017
Contact: G. Grant Gilford
Information: Financial assistance to needy Christian Scientists
who are at least 65 years old and reside in Los Angels, County,
Calif.
THE CLARK FOUNDATION
30 Wall Street
New York, NY 10005
Contact: Edward W. Stack
Information: Grants for convalescent and medical care for needy
individuals in the area of Upstate New York and New York City.
THE VERO BEACH FOUNDATION FOUNDATION FOR THE ELDERLY
c/o First National Bank
225 South County Road
Palm Beach, FL 33480
Contact: Program Director
Information: Relief assistance only to indigent residents of Vero
Beach, Fla.
Wednesday, February 27, 2008
Insider's Secrets To Your Own Million Dollar Multi-Level Empire
EMPIRE BY MAIL AND OTHERWISE
There seems to be any number of appealing Multi-Level Marketing
programs available these days. Our researchers haven't analyzed
them all, but based upon the appeal of those for the
participants--most of them look as though they could put money in
your pockets. However, don't ever delude yourself into thinking
that multi-level marketing won't cost you anything nor require
much of your time, or work on your part. Indeed, successful
selling, and most assuredly, multi-level marketing, will require
an investment--decication--and a lot of hard work!
However, before you "sign-up" for any MLM deal or begin one of
your own, it's going to pay you to do a little bit of market
research relative to the sales potential of the whole deal. for
instances, if you can sell to a "waiting market" you'll make
money. But if the people you attempt to recruit as duplicates of
yourself feel that they're going to have a hard time selling it
to someone else, then you haven't got much of a winning MLM
program; regardless of how much money you claim they can make, if
only they'll get out there and sell!
This specifically applies to MLM programs that offer "limited
appeal" products such as gourmet recipes, health foods, household
"knick-knacks", books on needlecraft or magazine subscriptions.
Beware also of deals that require you to purchase an inventory or
maintain a certain sales level. Look for the "bad parts" of an
offer, and then weigh these against the ease with which you'll be
able to make a sale. At the bottom line, if you have a hard time
selling it, then the people you recruit to sell it for you will
find it even harder to sell, and that'll be the end of your "big
money" muti-level program.
There are countless reports, manuals, books and other
publications that "supposedly" tell you how to attain riches in
mail order, party plan selling, and even street-corner sales. the
thing is, all of these "how-to" publications try to instruct you
how to put a mailing piece together, how often to send for you
offers out, and even the importance of "neatness & quality"
within your offer, but very few if any come right out and help
you get your offer to your most likely customers. As you know,
unless an interested buyer sees your offer, you're not going to
make any money.
What I'm saying is that most people thrash around,waste time,
spend hundreds of dollars, and never make any money simply
because they don't know how to get their offers to the
people--without it costing them an arm and a leg...
Here's how it's done: Regardless of what your offer entails,put
together the most dynamic and mass-appeal "one-page" advertising
circular you can come up with. As I've so often stated in the
past, the best-selling and most-productive circular is one that
"tells the reader you have a solution to his many money
problems." In other words, with your circular, promise him a way
to make himself rich, and he'll not only be interested,he'll jump
on your program.
Next, make it as easy as possible for the people who see your
offer to respond. That is, addition to an order coupon at the
bottom of the advertising circulars describing your offer, give
him the chance to get involved in your program for least possible
cost.
If you've put together a "winning offer" most people seeing it
will want to know more about it, but if you charge them $5 for
registration or enrollment fees, you'll lose about half of those
" wanting in," because they're afraid of being ripped off. But if
you charge them $2 or less, almost all of the people seeing your
offer will "take a chance," just to find out what kind of deal it
is you're offering.
In summary, you must have a one-page advertising circular that
really appeals to most of the people CHANCE TO SOLVE ALL YOUR
MONEY PROBLEMS! It must include a coupon the reader clips off and
sends in to you for enrollment or registration in your program.
It has to be priced at $2 or less to "get everbody" to at least
check it out. And, it must be complete on one page to hold your
printing costs in line.
Assuming you're with us, and organized thus far, take this
advertising circular you've made up in original form, to a quick
printer in your area. Ask him to print up $10,000 of these
one-page advertising circulars for you. This will cost you
approximately $200.
If you don't have the money, you can either work an arrangement
with the printer to pay him in 30 days, or include him in as a
"silent partner" in your program. Ask him to read over your
offer, explain how you intend to get it to the people, and about
how much money you expect to gross from it. Then, simply offer to
split the proceeds if he'll carry your printing costs for you.
While the circulars are being printed, and the ink is drying,
line up your initial distribution efforts. The first thing is to
contact the Cub Scout and Brownie organizations in your area.
Arrange with the leaders of these groups to pay them $10 per
thousands if they'll station people at the exits to all the
shopping centers in your area and pass out one of your circulars
to everyone as they leave the shopping center. Simply tell them
that you've got 10,000 of these circulars to hand out, and that
you'll pay them the $100 for handing them out, on the first of
the month.
The best kind of places to handout your circulars are those that
feature discount stores, recycled clothing stores, and inventory
reduction sales. Next on your list of places to hand out
circulars should be Flea Markets, Swap and Shop events, and even
garage sales. Anywhere there's a lot of people congregating or
coming & going, is a good place to hand out your advertising
circulars--all in your own home town and without postage costs.
Now comes the good part...While your "hired helpers" are handing
circulars out for you at strategic locations throughout the area,
you should be calling in person on every shopkeeper and store
owner or manager in the area.
Show them each copy of your circular. Explain your program to
them, and offer to cut them in on the profits if they'll help you
hand them out by dropping one in with the purchases of each of
their customers. The stores won't want to become involved in
extra bookkeeping nor the handling of money for you, so you'll
have to devise a method of knowing where your orders come from--a
code for each of the stores handing out circulars for you.
This is very simple. Just assign a different "department number"
to each store, and when you have the circulars printed for each
store, insert the department code in the address the reader is
supposed to send his order to...
Generally speaking, you should offer to supply the circulars
without cost to the distributors, including the "special coding"
for each store. Thus the need for a good working relationship
with the printer in your area. The amount of commissions per
order received that you allow to each store should range between
15 to 30 percent, but of course, always try to finalize each deal
for the least amount.
Be sure to keep records of al your in coming orders. It would be
wise to have a separate record book for each distributor. Thus,
you can review the number of orders received from each
distributor's customers with him when you pay him his commission
at the end of the month. At the same time, you should jot the
name, address and phone number of each person sending in an
order, onto a 3x5 index card. Arrange thee cards in alphabetical
ad zip code order, ad store them in an old shoebox. When you have
10, 15, or 25 thousand of them, you'll be able to sell them at $1
per name to any number of mailing list brokers.
Another thing you'll want to do, each envelope you receive--clip
the stamp off and save these in still another shoebox--stamp
collectors will pay you $10 to $25 for each shoebox full of
stamps you can collect. After you've clipped the stamps off,
place these envelopes with your customer's return address in
still another storage box. When you have several boxes full of
these envelopes from people who have spent money with you, there
are any number of "list buyers" who'll pay you for them.
Once you've got your town saturated with circular distributors--
be sure to leave a stack in all the barber shops and beauty
salons, as well as at the counter in cafe restaurants, bowling
centers, theaters, and the "lodges" of all the fraternal as well
as labor unions in the area--your next move is simply to
duplicate these efforts in a neighboring town or city.
Basically, we're talking about multi-level marketing and total
advertising-recruiting efforts on your part. Your main thrust
should be to "pull in" as many people as possible--show them the
program, and if they want it, let them get in on it--if not,
forget about them and move on to the next prospect...This is
called "prospecting," and it's going to cost you money and time,
regardless of what you're trying to sell.
So you put together an "invitation type announcement" which is
your initial 42 advertising circular and you get it to as many
people as possible. They pay you a "cover charge" of $2 to find
out what your program is all about. And before you get all upset
and throw this report in the waste basket, think about this:
Let's suppose there are 42,000 people in your town--30,000
adults, and 18,000 separate families. If each of these 18,00
families were to send you $2, how much money would you have?
436,000 right? Now then, tell me whether or not you'd like to
have an extra $36,000.
The people send you $2 for a "look see" at your program for
solving their money problems. You send them back your multi-level
program brochure which describes how they can duplicate what
you're doing and make a bundle of money for themselves, and the
cost of the supplies for them to get started. At the same time,
you send out another one-page advertising circular that offers
business success reports. Just another for instance, let's say
that 30% of the people receiving your MLM Brochure enroll and
send for a start-up kit or supplies. You've expanded your MLM
distributorship and made money, right? And now, let's suppose
that of all the people who've sent $2 to find out what your
program is all about, a total of 40% spend $5 with you for one of
your business success reports--$36,000 gross income for initial
expenses of $600--then, let's say your MLM brochures cost you
$100 per thousand for total expenses thus far of $2,400--plus
another $600 for your business success reports circulars--with
another $11,250 as your commission from these reports, for a
total gross income thus far of $47,250--then, 3rd class postage
and envelope costs of $2,550...Subtract your expenses from your
gross income of $47,250 and you should end up taking $41,700 to
your bank, catching up on all your bills, or spending on a long
overdue vacation to Acapulco or Hawaii...
That's it! That's how easy and simple it is and it actually
works! Once you've covered your entire state in this manner,
simply start renting mailing lists of people listed as
Opportunity Seekers, and shotgun your basic page, $2 offer to all
of them. By following these instructions and working according to
this plan, you should easily take in more than a million dollars
within the next twelve months.
We've been using the attached "$2 circular{ for some time now,
and it's proven to be a fantastic winner for us from the
start...We had 10,000 printed at a cost to us of $200--paid a
couple of cub scout troups $100 to hand them out for us; and from
the initial 10,000 circulars we handed out, we received 2,341 $2
inquires=$4,682...And, another 353 orders for the MLM Manual
offered on the same circular=$7,060- Total income form our
initial $300 investment was $11,742...
Since that time, we've expanded our market, and we're now putting
out 10,000 of these circulars each and every week.
You can do it too! All it takes is that first circular and then,
distribution. If you'd like to make some of this "big money"
we've been talking about--feel free to duplicate our circular
with your name/address on it, and get it out to the people in
your area.
A Dozen Easy Money-Makers (Business Ideas)
1. Make Plastic Engraved Signs
All you need is a simple-to-operate machine that engraves
lettering in various types onto sheets of plastic of many
colors, finishes and sizes. Perfect for signs for merchants,
banks, doctors, dentists, schools and colleges, private front
doors, and many other uses.
Hot Source for the Machine:
New Hermes Engravograph from New Hermes Inc., 20 Cooper Square,
New York, NY 10003.
2. Sell Christmas Trees
Seasonal, but if you have the time in the few weeks before
Christmas, can be a good money maker. Find a vacant storefront
or lot, or space inside a larger building, where people pass by.
But be sure to order a supply of trees enough in advance. And
if you own country land that is not being used, consider growing
the trees yourself. Your first crop can be ready in four years,
with steady crops from then on.
3. Open a Rubber Stamp Business
Manufacture them in your basement. The materials needed are
cheap. And the finished stamps can be sold to many people,
storeowners, offices, individuals. You can market them by mail
and through local merchants.
Hot Source: The machine and a financing plan to buy it ar
available from:
Rubber Stamp Division, 1512 Jarvis Ave., Chicago, IL 60626
4. Camper's Equipment Rental Service
With urban living, the back-to-nature movement is growing and
camping is becoming very popular. Rent out tents, sleeping
bags, portable propane stoves, chairs, etc. Demand
identification from customers and reliable security (keeping one
of their credit cards is good).
5. Operate a Key-Safety Service
Each customer is sold a special tag to put on his or her key
ring. It says "Drop in any mailbox" and has the address of a
post office box that you rent (Don't use your home address for
the same reason your customers shouldn't have their home address
on their keys - dishonest people finding the keys will come
prowling around). You assign each customer's tag a code number
from a list that you keep. When someone's keys arrive at your
post office box, you return them to him, for another fee.
6. Be a Used Car Buying Consultant
With a knowledge of cars, plus the proper test equipment (for
checking the engine, transmission, brakes, font-end alignment,
and chassis), you go with your customer to check out the used
car he is thinking of buying. Advertise your service next to
the ads offering used cars for sale. After a while you will get
to know people in this field and you can pick up more money by
acting as a middleman in sales between private individuals.
7. Sell "Loss Leaders" for Profit
This may sound contradictory but it isn't. Supermarkets aren't
the only ones who use loss leaders. A good mail-order idea is
offering a cute item (worth much more) for $1 in women's
magazines, giving prompt delivery and including with it stuffers
(ads with order blanks) for half a dozen more expensive items.
The repeat business on the other items makes the $1 offer
profitable.
8. Baby Items Rental Service
You rent everything needed for a baby's care - stroller,
playpen, high chair, etc. When the customer's baby outgrows
them you rent to the next couple. Of course, you must
advertise, and also send direct mail pieces to all couples with
new births (get their names from hospitals and newspapers and
list brokers).
9. Operate a "Give a Party" Service
You rent out everything needed for a party: tables, chairs,
punch bowls, table cloths, cutlery, and napkins. You can also
supply waitresses and bartenders, finding them through agencies
that supply temporary help such as Manpower. But if you can
find good workers yourself, you can save the agency fee and make
more money.
10. Operate a Miniature Slot Car Racing Track
In your basement (or wherever you can fit it) build a large and
elaborate miniature slot car racing track (with a least 6 or 8
slots). Local kids, and often adults, pay you by the hour to
race, using either your cars or theirs. To boost interest you
can hold monthly contests with trophies.
11. All-Service Service
You line up the specialists in fixing almost anything, and take
care of getting them customers by delivering handbills to homes
and placing ads in supermarkets and local papers. They pay you
5% of every job refer to them, which can soon add up.
12. Genealogy for People Who Want Roots
You seek out the records in public or university libraries,
county courthouses and elsewhere, as necessary, for a sliding
fee, depending on the size of family, difficulties in getting
information, geographic dispersion, and other factors.
How To Make Money With Your Junk Mail
The term "junk mail" is a well-known term. To the common guy or gal on the
street, "junk mail" to them is advertising flyers from the local grocery
store and pizza shop that arrive in their mail every day. To the mail order
dealer, it means something totally opposite because a mail order dealer in
St Paul MN is not going to get a pizza ad for a shop in Jackson MS.
Therefore, "junk mail" refers to pyramid schemes, chain letters and other
worthless information that you are inundated with as a newcomer. Often you
will get so much of it that you will think this is all mail order has to
offer and quit. THIS IS NOT TRUE. This is only one phase of the mail order
industry -- and it's too bad that beginners get hit with the bulk of it. As
you continue to grow in the mail order business, the amount of "junk mail"
you receive will diminish compared to the legitimate offers and orders.
This is how you know your business is growing in a successful direction.
But back to the matter at hand. How can you make money with this "junk"?
One way is by studying and analyzing the piece of mail from a marketing
standpoint. Since people obviously are making money with "junk mail" (it
would have phased out long ago if it didn't) it's up to you to find out HOW
they are doing it.
Is it the words they use? Normally, "junk mail" offers appeal to a person's
emotional wants and desires. They claim to offer hidden secrets, untold
wealth and quick cash. They make false claims by telling people they can
now send their kids to college, buy their wife a beautiful diamond ring,
take a well-deserved vacation to an exotic tropic island and pay off all
their debts.
When the person reads this stuff and forms visions of sugarplums in their
heads, they will rush right away and send away for the product immediately.
What made them believe you? How was the "junk mail" written to cause a
person to immediately react in this manner? These are things you have to
study and determine. Then, use this new found knowledge to sell your own
product.
The problem with "junk mail" is that if a person gets all hyped up and
sends away for the product they have built it up to be bigger-than-life.
And when the product or information they ordered arrives, it simply is a
sheet of paper or another piece of "junk mail" trying to sell them
something else. The person feels cheated, stupid, and taken advantage of.
People may always exist that will respond to this type of "junk mail." But
you can use the same marketing concept to provide the people with something
REAL. This way, they won't feel cheated, stupid and taken advantage of.
This is where the "junk mail" authors who wrote this stuff in the first
place overlook the true marketing potential.
More money could be made if the person buying something is satisfied and
makes a repeat purchase. In fact, newcomers are eager to learn and will buy
anything to get started learning. By taking advantage of them only means
that you will make one sale in that person's lifetime. But if the product
is good and worthwhile -- they will order from you again and again. Many
newcomers today will be big businesses tomorrow. And I'm sure if a newcomer
found a honest company that really helped them break into the mail order
field they would continue to do business with them when they really did
make millions of dollars. See what I mean? The back-end sales for a
lifetime would be worth the investment.
I'm not saying that you can take a piece of "junk mail" claiming to make
the person $1 million in 30 days or less and turn it into a valuable and
worthwhile product. Since this is a downright lie, there is no way to
market this honestly. However -- you can study the piece of "junk mail" to
determine what words and phrases were used and how the ad is written so you
can understand how to present a REAL product that people will be eager to
buy.
Then, pass the word and tell every new person you come into contact with
about these pie-in-the-sky-schemes. You might even want to try writing to
some of the people listed on the chain letters. Explain how all this "junk
mail" only appeals to their emotional needs and how the company who
originally wrote these materials are USING them to only get their money. If
everyone passed along this information -- it wouldn't take very many years
before we could put a stop to all this nonsense.
If people slack off on buying it and see the scam for what it really is --
the cons will diminish!
Bookkeeping Techniques For "Morons"
Please don't think I am calling anyone a "moron" to hurt your feelings in any
way. I was a moron when I first started setting up my files. I hated
accounting in school and am the type that would much rather add 2+2 on a
calculator than in my head -- but you have to do it. You have to force
yourself to do it NOW -- right at the beginning! Many of a business has
collapsed simply because they lacked organization in their basic accounting
business practices. Don't be one of them!
As a small mail order business you don't have to really do much in the
beginning. Here is how to set up your files from ground zero:
1. Take out a hanging file folder and a label of any kind. (Hanging
folders and labels for them can be purchased at K-Mart, Wal-Mart and any
office supply store.)
2. Type or hand print "Receipts" on the label and place it on the hanging
folder.
3. Now, place 5 MANILA file folders inside the hanging file folder (which
you labeled "Receipts") and label each of the manila file folders with the
following headings:
a. Advertising
b. Postage
c. Office Supplies
d. Utilities and Rent for the Office
e. Miscellaneous
You now have one large hanging file folder with 5 separate manila file
folders inside it. Carefully place your hanging file folder in your metal
file cabinet or cardboard banker's box. (A banker's box can be purchased at
any office supply store also and normally cost around $4.)
Now, wasn't that easy? Some of you reading this will think that I am
attempting to insult your intelligence. This is NOT my intention. This
report is broken down in a simple, step-by-step way so everybody can
understand it -- regardless of their previous knowledge and experience.
Remember, some people have never worked in an office their entire life.
What seems simple and accepted to some of us, may be something another
person would never have known.
Okay, let's go back to where we were. You now have one master file
completed and we're ready to make another just like it. This time we'll
name the hanging file folder "Income" and label 3 manila folders inside it
with the following headings:
a. Completed and Shipped Orders
b. Inquiries and Correspondence
c. Open Orders Still Pending
See how easy? From now on, you simply make another folder as the need
arrives and you're files will always be easy to maintain. (Once you get
this concept down pat -- you can easily think about getting a computer. A
computer organizes its information in the SAME manner. Believe me -- this
same system works! You'll be amazed at how many mistakes it will help you
prevent.)
Yes -- bookkeeping is a very simple process. All you have to do is keep the
system going. For instance, every order that I process, I completely finish
before moving on to the next order. Example:
1. Mail is received and opened. As each piece is opened it is placed into
individual piles. Orders with pre-payment are placed in one pile,
information and daily correspondence in another, and so forth.
2. Each order that has been pre-paid for is processed first -- with each
one being processed individually to completion. (That means it is in an
envelope, a label typed out and the completed order is ready to be mailed
at the post office.)
3. During the process, the "date," "amount of check or payment" and
"product ordered" is recorded on the outside of the envelope -- making sure
the customer's full name, address and telephone number (if available) is on
the envelope too.
4. Just before closing up the office for the evening, the envelopes are
then keyed into the database on our computer (you can substitute a computer
for the hanging files in the beginning.) We record all the information that
was written on the envelopes during the processing of the order. (Don't
think you will remember "what" the order was. That thinking will open you
up to make human errors.)
As your business grows, your understanding and abilities will grow also. At
that time you can grow into a more sophisticated means of keeping the
books.
In the meantime -- keep good records. They are the lifeblood of any
business and can eventually make or break you. You'll thank yourself in the
long run.
DOL Small Business Handbook
Read This First
This Handbook on the basic regulations and related services
administered by the Department of Labor (DOL) is designed primarily
for small businesses in general industry. It begins with a general
overview of DOL requirements. This is followed by ten sections
containing information on the specific laws and regulations.
Read the overview first to find out which requirements apply to
your business. For each requirement the overview refers to specific
sections or to a DOL office. Employers in certain industries (such
as agriculture and mining) or employers working on government
contracts should contact the referenced DOL offices for further
information and assistance.
Each section discusses: covered employers; basic provisions and
requirements; how to obtain information and assistance from DOL;
penalties for non-compliance; and relation to state, local and
other federal laws. The section subtitles identify the applicable
laws and the associated regulations, which can be found in the Code
of Federal Regulations (CFR). Many sections refer to an appendix
which provides additional addresses and phone numbers for obtaining
DOL assistance.
You should be aware that other federal agencies besides DOL enforce
laws and regulations that affect employers. For example, statutes
designed to ensure non-discrimination in employment are generally
enforced by the Equal Employment Opportunity Commission. Also, the
Taft-Hartley Act regulating employer conduct with regard to
employees in a wide range of areas is administered by the National
Labor Relations Board. Please consult these agencies for further
information on their requirements.
The information contained in this publication is not to be
considered a substitute for any provisions of the laws enforced by
the Department of Labor or for any regulations issued by the
Department.
OVERVIEW: Major Statutes and Regulations Administered by the
Department of Labor
I. Requirements Applicable to Most Employers
Wages and Hours
The Fair Labor Standards Act (FLSA) prescribes minimum wage and
overtime pay (and record-keeping) standards affecting most private
and public employment, including homework. This is administered by
the Wage and Hour Division of DOL's Employment Standards
Administration (ESA).
1. The Minimum Wage and Overtime provisions of the FLSA require the following
from employers ofcovered employees who are not otherwise exempt:
Pay covered employees a minimum wage of not less than $4.25 an hour
effective April 1, 1991. (Employers may pay employees on a
piece-rate basis and under some circumstances consider the tips of
employees as part of their wages.)
Until March 31, 1993, employers may pay a training wage, under
certain conditions, of at least 85 percent of the minimum wage (but
not less than $3.35 an hour) for up to 90 days to employees under
age 20.
While not placing a limit on the total hours which may be worked,
the Act requires that covered employees, unless otherwise exempt,
be paid not less than one and one-half times their regular rates of
pay for all hours worked in excess of 40 in a workweek.
2. Homework requirements of the FLSA generally prohibit the performance
of certain types of work in an employee's home unless the employer has
obtained prior certification from the Department of Labor.
See Section 1, page 11, for more detail on wages and hours.
Who May Work, and When (administered by the Wage and Hour Division)
1. Child Labor provisions of the FLSA (Non-agriculture) include
restrictions on the hours of work and occupations for youths under
age 16, and these provisions set forth 17 hazardous occupations
orders for jobs declared by the Secretary of Labor to be too
dangerous for minors under age 18 to perform.
2. Immigrant Labor is regulated by the Immigration and Nationality
Act (INA). Under the INA, employers may legally hire workers only
if they are citizens of the U.S. or aliens authorized to work in
the United States. The INA requires that employers verify the
employment eligibility of all individuals hired after
November 6, 1986.
The Immigration Nursing Relief Act of 1989 (INRA) was enacted to
provide relief for the shortage of registered nurses by legalizing
current nonimmigrant registered nurses and ensuring employer
efforts to attract and develop more U. S. employees to the nursing
profession. Contact your local ESA Wage and Hour Division office
for more details.
Workplace Safety and Health
The Occupational Safety and Health Act (OSH Act), which is
administered by DOL's Occupational Safety and Health Administration
(OSHA) regulates safety and health conditions in most private
industries (except those regulated under other federal statutes,
e.g., transportation). Many private employers are regulated through
states operating under OSHA-approved plans.
It is the responsibility of employers to become familiar with
standards applicable to their establishments, to eliminate
hazardous conditions to the extent possible, and to comply with the
standards. Compliance may include assuring that employees have and
use personal protective equipment when required for safety or
health. Employees must comply with all rules and regulations that
are applicable to their own actions and conduct.
Covered employers are required to maintain workplaces that are safe
and healthful, including meeting many regulatory requirements. OSHA
promulgates safety and health standards, and makes distinctions by
type of industry.
Safety standards include regulations covering hazards such as
falls, explosions, electricity, fires, and cave-ins, as well as
machine and vehicle operation and maintenance, etc.
Health standards regulate exposures to a variety of health hazards
through engineering controls, the use of personal protective
equipment (e.g., respirators, ear protection etc.), and work
practices.
Where OSHA has not promulgated a specific standard, employers are
responsible for complying with the OSH Act's "general duty" clause
[Section 5(a)(1)], which 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 employees."
When OSHA develops effective safety and health regulations, safety
and health regulations originally issued under the following laws
administered by the Department of Labor are superseded: the
Walsh-Healey Act, the Service Contract Act, the Contract Work Hours
and Safety Standards Act, the Arts and Humanities Act, and the
Longshore and Harbor Workers' Compensation Act.
See Section 4 for more detail.
Pensions and Welfare Benefits
The Employee Retirement Income Security Act (ERISA) regulates
employers who have pension or welfare benefit plans. This statute
preempts many state laws in this area and is administered by DOL's
Pension and Welfare Benefits Administration (PWBA). The statute
also provides an insurance mechanism to protect retirement benefits
with employers required to pay annual pension benefit insurance
premiums to the Pension Benefits Guarantee Corporation (PBGC),
which is associated with the Department.
1. Pension Plans must meet a wide range of fiduciary and reporting
and disclosure requirements, with regulations defining such
concepts as the value of plan assets, what is adequate
consideration for the sale of assets, the effects of participants
having control over the assets in their plans, etc.
2. Welfare Benefit Plans also must meet a wide range of fiduciary,
reporting, and disclosure requirements. In addition, PWBA
administers the disclosure and notification requirements for the
continuation of health care provisions that were enacted as part of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).
These provisions cover group health plans of employers with 20 or
more employees on a typical business day in the previous calendar
year. COBRA gives participants and beneficiaries an election to
maintain, at their own expense, coverage under the employer's
health plan.
See Section 5 for more detail.
3. Pension Insurance information can be obtained from the Pension
Benefits Guarantee Corporation by writing PBGC, Coverage and
Inquiries Branch (25440), 2020 K Street, N.W., Washington, D.C.
20006-1860, or by calling (202) 778-8800.
Miscellaneous Requirements for Most Employers
1. The Labor-Management Reporting and Disclosure Act
(also known as the Landrum-Griffin Act, LMRDA) deals with the
relationship between a union and its members. It provides for
safeguarding of union funds, reporting and disclosure of financial
transactions, and administrative practices of union officials,
labor consultants, etc. This is administered by DOL's Office of
Labor-Management Standards (OLMS).
Call your local OLMS office for more detail.
2. Employee Protection provisions are built into most labor and
public safety statutes, e.g., the FLSA, the OSH Act, ERISA, many environmental protection statutes, etc. These protect employees
who exercise their rights under these Acts to complain about
employers, ask for information, etc. (remedies can include back
wages and reinstatement.) They are normally enforced by the DOL
agency most concerned, e.g., OSHA enforces those arising under
the OSH Act. For more information on employee protection under
a statute administered by DOL, see the relevant section. For
information on employee protection in the environmental context,
see Section 6 for more detail.
3. Veteran's Reemployment Rights ensures that those who serve in
the armed forces have a right to reemployment with the employer
they were with when they went in service, including protection
for those called up from the reserves or National Guard. These
are administered by DOL's Office of the Assistant Secretary for
Veterans' Employment and Training. See Section 7 for more detail.
4. Plant Closings and Layoffs by employers may be subject to the
Worker Adjustment and Retraining Notification Act (WARN) which
provides for early warning to employees of the proposed layoffs
or plant closings. Questions on WARN may be addressed to DOL's
Employment and Training Administration (ETA).
See Section 8 for more detail.
5. The Employee Polygraph Protection Act (EPPA) prohibits most use
of lie detectors by employers on their employees. This is
administered by the Wage and Hour Division of ESA.
See Section 9 for more detail.
6. Garnishment of Wages by employers is subject to regulation
under the Consumer Credit Protection Act. This is administered
by the Wage and Hour Division of ESA.
See Section 10 for more detail.
II. Requirements Applicable to Employers Because of the Receipt of
Government Contracts, Grants, or Financial Assistance
1. Wage, Hour, and Fringe Benefit Standards
are determined for these contracts under: the Davis-Bacon and
related Acts (for construction); the Contract Work, Hours, and
Safety Standards Act; the McNamara-O'Hara Service Contract Act (for
services); and the Walsh-Healey Public Contracts Act (for
manufacturing). The Wage and Hour Division of ESA both makes the
determination of wages and benefits and enforces them.
Contact your local ESA Wage and Hour Division Office for more
detail.
2. Safety and Health Standards are also issued under these Acts
and are specifically applicable to covered contracts. Contact your
local ESA Wage and Hour Division Office for more detail.
3. Non-discrimination and Affirmative Action Requirements
are set under Executive Order 11246, Section 503 of the
Rehabilitation Act, and the Vietnam Veteran's Readjustment
Assistance Act (38 U.S.C. 4212). These programs prohibit
discrimination and require affirmative action with regard to race,
sex, ethnicity, religion, disability and veterans' status. They
are administered by ESA's Office of Federal Contract Compliance
Programs (OFCCP). OFCCP works closely with EEOC to coordinate these
efforts. Contact your local ESA Office of Federal Contract Compliance
Programs for more detail.
III. Industry-Specific Requirements in Addition to the Above
Agriculture
Several safety and health standards issued and enforced by OSHA
(e.g., field sanitation) and the Environmental Protection Agency
(e.g., pesticides) apply to this industry. In addition, several
agriculture- specific programs are administered by ETA and ESA's
Wage and Hour Division. For more information on these programs,
contact your local ESA office.
1. The Migrant and Seasonal Agricultural Worker Protection Act
(MSPA) requires that covered farm labor contractors, agricultural
employers and agricultural associations comply with worker
protection applicable to migrant and seasonal agricultural workers
whom they recruit, solicit, hire, employ, furnish or transport or,
in the case of migrant agricultural workers, to whom they provide
housing.
2. The Immigration and Nationality Act (INA) requires that employers
wishing to use nonimmigrant workers for temporary agricultural
employment apply with the Employment and Training Administration
for a labor certificate showing that there are not sufficient workers
in the U.S. able, willing, qualified and available to do the work
and that employment of such nonimmigrant workers will not adversely
affect the wages and working conditions of workers in the U.S.
3. INA as Amended by the Immigration Reform and Control Act
requires all employers of special and replenishment agricultural
workers (SAWs and RAWs) to provide certain information on the use
of such workers to the federal government.
4. The Fair Labor Standards Act (FLSA) contains special child labor
regulations applicable to agricultural employment. The regulations
administered and enforced by the DOL agencies apply only to those
establishments with employees (e.g., they do not apply to family-run and
family-operated farms that do not hire outside workers).
Additionally, in some cases there are minimum employment standards
which must be met before an establishment is covered by a
regulation (e.g., OSHA's field sanitation standard is not enforced
at establishments that employ fewer than 11 workers in the field).
Mining Safety and Health
The goal of the Federal Mine Safety and Health Act of 1977 is to
improve working conditions in the nation's mines. Its provisions
cover all miners and other persons employed to work on mine
property, and it is administered by the Labor Department's Mine
Safety and Health Administration (MSHA). This law strengthened an
earlier coal mining law and brought metal and nonmetal (non-coal)
miners under the same general protections as those afforded coal
miners.
Under the Act, the operators of mines, with the assistance of their
employees, have the primary responsibility for ensuring the health
and safety of the miners. MSHA is responsible for fully inspecting
every underground mine at least four times a year and every surface
mine at least twice a year to ensure that these responsibilities
are met.
This law also established mandatory miners' training requirements
and strengthened health protection measures and gassy mine safety
programs. It also included tougher civil dollar penalties for
safety or health violations by mine operators. The Act also
provided for closure of mines in cases of imminent danger to
workers or failure to correct violations within the time allowed,
and it called for greater involvement of miners and their
representatives in processes affecting workers' health than
previously had been possible.
Each mine must be legally registered with MSHA. Many mine operators
are required to submit plans to MSHA for approval before beginning
operations. Such plans must be followed during mining. Required
plans cover operational aspects such as ventilation, roof control,
and miner training. Mine operators are required to report each
individual mine accident or injury to MSHA.
MSHA's Coal Mine Safety and Health Division enforces law and
regulations at more than 4,600 underground and surface coal mines.
MSHA's Metal and Nonmetal Mine Safety and Health Division enforces
federal requirements, conducts training, and assists the mining
industry in reducing deaths, serious injuries and illnesses at more
than 11,000 non-coal mines (including open pit mines, stone
quarries, and sand and gravel operations).
Health and safety regulations cover numerous hazards, including
those associated with the following:
exposure to respirable dust, airborne contaminants and noise
design, operation and maintenance requirements for mechanical
equipment, including mobile equipment roof falls, and rib and
face rolls flammable, explosive and noxious gases, dust and smoke
electrical circuits and equipment fires storage, transportation,
and use of explosives hoisting access and egress
Contact your local MSHA office for more detail.
Construction
Several DOL agencies are involved in administering programs solely
related to the construction industry.
1. Safety and Health:
OSHA has separate occupational safety and health standards which
apply only to the construction industry.
See Section 4 for more detail.
2. Wage and Fringe Benefits: The Davis-Bacon Act and related Acts
require most contractors and subcontractors on federally assisted
contracts in excess of $2,000 to pay the prevailing wage rates and
fringe benefits as determined by the Secretary of Labor. Contact
your local ESA Wage and Hour Division Office for more detail.
3. Non-discrimination:
OFCCP has special regulations on non-discrimination and affirmative
action which apply only to the construction industry.
Contact your local ESA/OFCCP office for more detail.
4. Anti-Kickback:
The "Anti-Kickback" section of the Copeland Act applies to all
contractors and subcontractors performing on any federally funded
or assisted contract for the construction, prosecution, completion
or repair of any public building or public work -- except contracts
for which the only federal assistance is a loan guarantee. This
provision precludes a contractor or subcontractor from inducing an
employee -- in any manner -- to give up any part of his/her
compensation to which he/she is entitled under his/her contract of
employment.
Contact your local ESA Wage and Hour Division office for more
detail.
Transportation
Many laws with labor provisions in them that affect the
transportation industry are administered by agencies outside of the
Department. For example, the Railway Labor Act is administered
primarily by the Department of Transportation and the Railway
Retirement Board. Special DOL programs for this industry are:
1. Safety and Health:
Special longshoring and maritime industry standards issued and
enforced by OSHA.
See Section 4 for more detail.
2. Longshoring and Harbor Work:
Workers' compensation coverage provided under the Longshore and
Harbor Workers' Compensation Act, which is administered by ESA.
Employers must meet the coverage, funding, and other requirements
needed to provide these benefits.
Contact your local ESA/OWCP office for more detail.
1. MINIMUM WAGE AND OVERTIME PAY
Fair Labor Standards Act of 1938, as Amended (Title 29, U.S. Code,
Sections 201 et seq.; 29 CFR 510-800).
Who is Covered
The Fair Labor Standards Act (FLSA) establishes minimum wage,
overtime pay, record-keeping and child labor standards that affect
more than 80 million full- and part-time workers in the private
sector and in federal, state and local governments.
The Act applies to enterprises that have employees who are engaged
in interstate commerce, producing goods for interstate commerce, or
handling, selling or working on goods or materials that have been
moved in or produced for interstate commerce. For most firms, an
annual dollar volume of business test of not less than $500,000
applies. The following are covered by the Act regardless of their
dollar volume of business: hospitals, institutions primarily
engaged in the care of the sick, aged, mentally ill or disabled who
reside on the premises; schools for children who are mentally or
physically disabled or gifted; preschools, elementary and secondary
schools and institutions of higher education; and federal, state
and local government agencies.
Employees of firms that do not meet the $500,000 annual dollar
volume test may be individually covered in any workweek in which
they are individually engaged in interstate commerce, the
production of goods for interstate commerce, or an activity which
is closely related and directly essential to the production of such
goods. Domestic service workers, such as day workers, housekeepers,
chauffeurs, cooks or full-time babysitters, are also covered if
they receive at least $50 in cash wages in a calendar quarter from
their employers or work a total of more than 8 hours a week for one
or more employers.
An enterprise that was covered by the Act on March 31, 1990, and
that ceased to be covered because of the increase in the annual
dollar volume test to $500,000, as required under the 1989
amendments to the Act, must continue to pay its employees not less
than $3.35 an hour (the statutory minimum wage prior to 4/1/90) and
continues to be subject to the overtime pay, child labor and
record-keeping requirements of the Act.
Some employees are excluded from the Act's minimum wage and/or
overtime pay provisions under specific exemptions provided in the
law. Because these exemptions are generally narrowly defined,
employers should carefully check the exact terms and conditions for
each by contacting the Wage and Hour Division of the Employment
Standards Administration (ESA) at the offices referenced below.
The following are examples of employees exempt from both the
minimum wage and overtime pay requirements:
Executive, administrative and professional employees (including
teachers and academic administrative personnel in elementary and
secondary schools and also including certain skilled computer
professionals as provided in P.L. 101-583, November 15, 1990) and
outside sales persons
Employees of seasonal amusement or recreational establishments
Employees of certain small newspapers and switchboard operators of
small telephone companies
Seamen employed on foreign vessels
Employees engaged in fishing operations
Farm workers employed on small farms (i.e., those that used no more
than 500 "man-days" of farm labor in any calendar quarter of the
preceding calendar year)
Casual babysitters and persons employed as companions to the
elderly or infirm
The following are examples of employees exempt from the Act's
overtime pay requirements only:
Certain commissioned employees of retail or service establishments
Auto, truck, trailer, farm implement, boat or aircraft
salesworkers, or parts-clerks and mechanics servicing autos, trucks
or farm implements, and who are employed by non-manufacturing
establishments primarily engaged in selling these items to ultimate
purchasers
Railroad and air carrier employees, taxi drivers, certain employees
of motor carriers, seamen on American vessels and local delivery
employees paid on approved trip rate plans
Announcers, news editors and chief engineers of certain
non-metropolitan broadcasting stations
Domestic service workers who reside in their employer's residence
Employees of motion picture theaters
Farmworkers
Certain employees may be partially exempted from the Act's overtime
pay requirements. These include:
Employees engaged in certain operations on agricultural commodities
and employees of certain bulk petroleum distributors
Employees of hospitals and residential care establishments which
have agreements with the employees to work a 14-day work period in
lieu of a 7-day workweek if the employees are paid overtime premium
pay within the requirements of the Act for all hours worked over 8
in a day or 80 in the 14-day work period, whichever is the greater
number of overtime hours
Employees who lack a high school diploma or who have not completed
the eighth grade may be required by their employer to spend up to
10 hours in a workweek in remedial reading or training in other
basic skills that is not job-specific, as long as they are paid
their normal wages for the hours spent in training. Such employees
need not be paid overtime premium pay for their training hours.
Basic Provisions/Requirements
The Act requires employers of covered employees who are not
otherwise exempt to pay these employees a minimum wage of not less
than $4.25 an hour. The increases in the minimum wage mandated by
the 1989 amendments to the Act will be phased in on an
industry-by-industry basis in Puerto Rico. All Puerto Rican
industries must reach the mainland minimum wage by April 1, 1996.
Employers may pay employees on a piece-rate basis, as long as they
receive at least the equivalent of the required minimum hourly wage
rate. Employers of tipped employees, i.e., employees who
customarily and regularly receive more than $30 a month in tips,
may consider the tips of these employees as part of their wages.
This tip credit may not, however, exceed 50 percent of the required
minimum wage.
Employers may pay a training wage, under certain conditions, of at
least 85 percent of the minimum wage (but not less than $3.35 an
hour) for up to 90 days to employees under age 20, except for
migrant or seasonal agricultural workers and H-2A nonimmigrant
agricultural workers performing work of a temporary or seasonal
nature. An employee who has been paid at the training wage for 90
days can be employed for 90 additional days at the training wage by
a different employer if that employer provides on-the-job training
in accordance with rules of the Department of Labor. Employers may
not displace employees (or reduce their wages or benefits) in order
to hire employees at the training wage. These training wage
provisions expire on March 31, 1993.
The Act also permits the employment of the following individuals at
wage rates below the statutory minimum wage under certificates
issued by the Department:
Student learners
Full-time students in retail or service establishments,
agriculture, or institutions of higher education
Individuals whose earning or productive capacity is impaired by a
physical or mental disability, including those related to age or
injury, for the work to be performed
While not placing a limit on the total hours which may be worked,
the Act requires that covered employees, unless otherwise exempt,
be paid not less than one and one-half times their regular rates of
pay for all hours worked in excess of 40 in a workweek.
Employers are required to keep records on wages, hours and other
items as set out in the Department of Labor's regulations. Most of
this information is of the type generally maintained by employers
in ordinary business practice.
Performance of certain types of work in an employee's home is
prohibited under the Act unless the employer has obtained prior
certification from the Department of Labor. Restrictions apply in
the manufacture of knitted outerwear, gloves and mittens, buttons
and buckles, handkerchiefs, embroideries and jewelry (where safety
and health hazards are not involved). Employers wishing to employ
homeworkers in these industries are required to, among other
things, provide written assurances to the Department that they will
comply with the Act's monetary and other requirements. The
manufacture of women's apparel (and jewelry under hazardous
conditions) is generally prohibited, except under special
certificates that allow homework in these industries when the
homeworker is unable to adjust to factory work because of age or
physical or mental disability, or is caring for an invalid in the
home.
Special provisions apply to state and local government employment.
It is a violation of the Act to fire or in any other manner
discriminate against an employee for filing a complaint or for
participating in a legal proceeding under the Act. The Act also
prohibits the shipment of goods in interstate commerce which were
produced in violation of the minimum wage, overtime pay, child
labor, or special minimum wage provisions.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Enforcement of the Act is carried out by Wage and Hour Division
compliance officers stationed throughout the country. A variety of
remedies are available to the Department to enforce compliance with
the Act's requirements. When compliance officers encounter
violations, they recommend changes in employment practices in order
to bring the employer into compliance. Willful violations may be
prosecuted criminally and the violators fined up to $10,000. A
second conviction may result in imprisonment. Employers who
willfully and repeatedly violate the minimum wage or overtime pay
requirements are subject to civil money penalties of up to $1,000
per violation. Employers are subject to a civil money penalty of up
to $10,000 for each employee employed in violation of the child
labor provisions. When a civil money penalty is assessed, employers
have the right, within 15 days of receipt of the notice of such
penalty, to file an exception to the determination. When an
exception is filed, it is referred to an administrative law judge
for a hearing and determination as to the appropriateness of the
penalty. If an exception is not filed, the penalty becomes final.
The Secretary of Labor may also bring suit for back pay and an
equal amount in liquidated damages and obtain injunctions to
restrain persons from violating the Act. Employees may also bring
suit, where the Department has not done so, for back pay and
liquidated damages, as well as attorney's fees and court costs.
Relation to State, Local and Other Federal Laws
State laws also apply to employment subject to this Act. When both
this Act and a state law apply, the law setting the higher
standards must be observed.
2. CHILD LABOR (Nonagriculture)
Fair Labor Standards Act of 1938, as Amended (Title 29, U.S. Code,
Section 201 et seq.; 29 CFR 570-580).
Who is Covered
The child labor provisions of the Fair Labor Standards Act (the
Act) are designed to protect the educational opportunities of
youths and prohibit their employment in jobs and under conditions
detrimental to their health and well-being.
In nonagriculture, the child labor provisions apply to enterprises
that have employees who are engaged in interstate commerce,
producing goods for interstate commerce, or handling, selling or
working on goods or materials that have been moved in or produced
for interstate commerce. For most firms, an annual dollar volume of
business test of not less than $500,000 applies. The following are
covered by the Act regardless of their dollar volume of business:
hospitals; institutions primarily engaged in the care of the sick,
aged, mentally ill or disabled who reside on the premises; schools
for children who are mentally or physically disabled or gifted;
preschools, elementary and secondary schools and institutions of
higher education; and federal, state and local government agencies.
Employees of firms that do not meet the $500,000 annual dollar
volume test may be individually covered in any workweek in which
they are individually engaged in interstate commerce, the
production of goods for interstate commerce or an activity which is
closely related and directly essential to the production of such
goods. Domestic service workers, such as day workers, housekeepers,
chauffeurs, cooks or full-time babysitters, are also covered if
they receive at least $50 in cash wages in a calendar quarter from
their employers or work a total of more than 8 hours a week for one
or more employers.
An enterprise that was covered by the Act on March 31, 1990, and
ceased to be covered because of the increase in the annual dollar
volume test to $500,000 as required under the 1989 amendments to
the Act, remains subject to the Act's child labor provisions.
Sixteen is the minimum age for most nonfarm work. However, youths
may, at any age: deliver newspapers; perform in radio, television,
movies, or theatrical productions; work for their parents in their
solely owned nonfarm businesses (except in mining, manufacturing,
or in any other occupation declared hazardous by the Secretary of
Labor); or gather evergreens and make evergreen wreaths.
Basic Provisions/Requirements
The Act's child labor provisions include restrictions on the hours
of work and occupations for youths under age 16. These provisions
set forth 17 hazardous occupations orders for jobs declared by the
Secretary of Labor to be too dangerous for minors under age 18 to
perform. The Act prohibits the shipment of goods in interstate
commerce which were produced in violation of the child labor
provisions. It is also a violation of the Act to fire or in any
other manner discriminate against an employee for filing a
complaint or for participating in a legal proceeding under the Act.
The permissible jobs and hours of work, by age, in nonfarm work are
as follows:
Youths 18 years or older may perform any job for unlimited hours
Youths age 16 and 17 may perform any job not declared hazardous by
the Secretary of Labor, for unlimited hours
Youths age 14 and 15 may work outside school hours in various
nonmanufacturing, nonmining, nonhazardous jobs under the following
conditions: no more than 3 hours on a school day, 18 hours in a
school week, 8 hours on a nonschool day, or 40 hours in a nonschool
week. In addition, they may not begin work before 7 a.m. nor work
after 7 p.m., except from June 1 through Labor Day, when evening
hours are extended until 9 p.m. Youths aged 14 and 15 who are
enrolled in an approved Work Experience and Career Exploration
Program (WECEP) may be employed for up to 23 hours in school weeks
and 3 hours on school days (including during school hours).
Detailed information on the occupations determined to be hazardous
by the Secretary is available by contacting the Wage and Hour
Division at the offices listed below.
Department of Labor regulations require employers to keep records
of the date of birth of employees under age 19, including daily
starting and quitting times, daily and weekly hours worked, and the
employee's occupation.
Employers may protect themselves from unintentional violation of
the child labor provisions by keeping on file an employment or age
certificate for each youth employed to show that the youth is the
minimum age for the job. Certificates issued under most state laws
are acceptable for this purpose.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Employers are subject to a civil money penalty of up to $10,000 for
each employee employed in violation of the child labor provisions.
When a civil money penalty is assessed, employers have the right,
within 15 days of receipt of the notice of such penalty, to file an
exception to the determination. When an exception is filed, it is
referred to an administrative law judge for a hearing and
determination as to the appropriateness of the penalty. Either
party may appeal the decision of the administrative law judge to
the Secretary of Labor. If an exception is not timely filed, the
penalty becomes final. The Act also provides, in the case of a
conviction for a willful violation, for a fine of up to $10,000;
or, for a second offense committed after the conviction of such
person for a similar offense, for a fine of not more than $10,000
and imprisonment for up to six months, or both. The Secretary of
Labor may also bring suit to obtain injunctions to restrain persons
from violating the Act.
Relation to State, Local and Other Federal Laws
Many states have child labor laws. When both this Act and a state
law apply, the law setting the higher standards must be observed.
3. EMPLOYMENT ELIGIBILITY OF ALIEN WORKERS
Immigration and Nationality Act (INA) (8 U.S. Code, Section 1186).
Who is Covered
The Immigration and Nationality Act (INA) employment eligibility
verification and related nondiscrimination provisions apply to all
employers.
Basic Provisions/Requirements
Under the INA, employers may legally hire workers only if they are
citizens of the U.S. or aliens authorized to work in the United
States. For some aliens (students, nurses, "specialty occupations,"
fashion models) employers must comply with attestation procedures
through the Department of Labor. The INA requires that employers
verify the employment eligibility of all individuals hired after
November 6, 1986. To do so, employers must require applicants to
show proof of their employment eligibility, by requiring completion
of the I-9 form. Employers must keep I-9s on file for at least 3
years (or one year after employment ends, whichever is greater).
The INA also protects U.S. citizens, and aliens authorized to
accept employment in the U.S., from discrimination in hiring or
discharge on the basis of national origin and citizenship status.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Employers who fail to complete and/or retain the I-9 forms are
subject to civil fines of up to $1,000 per applicant. Enforcement
of the INA requirements on employment eligibility verification
comes under the jurisdiction of the Immigration and Naturalization
Service (INS). The Justice Department is responsible for enforcing
the anti-discrimination provisions. In conjunction with their
ongoing enforcement efforts, the Employment Standards
Administration's Wage and Hour Division and Office of Federal
Contract Compliance Programs conduct inspections of the I-9 forms.
Their findings are reported to the INS and to the Department of
Justice where there is apparent disparate treatment in the
verification process.
Relation to State, Local and Other Federal Laws
Not Applicable.
4. OCCUPATIONAL SAFETY AND HEALTH
The Occupational Safety and Health Act of 1970 (OSH Act), 29 U.S.C.
651 et seq.; Title 29 Code of Federal Regulations, Parts 1900 to
end.
Who is Covered
In general, coverage of the Act extends to all employers and their
employees in the 50 states, the District of Columbia, Puerto Rico,
and all other territories under federal government jurisdiction.
Coverage is provided either directly by the Federal Occupational
Safety and Health Administration (OSHA) or through an OSHA-approved
state job safety and health program.
As defined by the Act, an employer is any "person engaged in a
business affecting commerce who has employees, but does not include
the United States or any state or political subdivision of a
State." Therefore, the Act applies to employers and employees in
such varied fields as manufacturing, construction, longshoring,
agriculture, law and medicine, charity and disaster relief,
organized labor and private education. Such coverage includes
religious groups to the extent that they employ workers for secular
purposes.
The following are not covered by the Act:
Self-employed persons
Farms at which only immediate members of the farmer's family are
employed
Working conditions regulated by other federal agencies under other
federal statutes. This category includes most employment in mining,
nuclear energy and nuclear weapons manufacture, and many segments
of the transportation industries.
When another federal agency is authorized to regulate safety and
health working conditions in a particular industry, if it does not
do so in specific areas, then OSHA requirements apply.
As OSHA develops effective safety and health regulations of its
own, safety and health regulations originally issued under the
following laws administered by the Department of Labor are
superseded: the Walsh-Healey Act, the Service Contract Act, the
Contract Work Hours and Safety Standards Act, the Arts and
Humanities Act, and the Longshore and Harbor Workers' Compensation
Act.
Basic Provisions/Requirements
The Act assigns to OSHA two principal functions: setting standards
and conducting workplace inspections to assure employers are
complying with the standards and providing a safe and healthful
workplace. OSHA standards may require conditions, or the adoption
or use of one or more practices, means, methods or processes
reasonably necessary and appropriate to protect workers on the job.
It is the responsibility of employers to become familiar with
standards applicable to their establishments, to eliminate
hazardous conditions to the extent possible, and to comply with the
standards. Compliance may include assuring that employees have and
use personal protective equipment when required for safety or
health. Employees must comply with all rules and regulations that
are applicable to their own actions and conduct.
Where OSHA has not promulgated a specific standard, employers are
responsible for complying with the OSH Act's "general duty" clause.
The general duty clause of the Act [Section 5(a)(1)] 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 employees."
States with OSHA-approved job safety and health programs must set
standards that are at least as effective as the equivalent federal
standard. Many state-plan states adopt standards identical to the
federal ones.
Federal OSHA Standards
These fall into four major categories: general industry (29 CFR
1910), construction (29 CFR 1926), maritime - shipyards, marine
terminals, longshoring - (29 CFR 1915-19), and agriculture (29 CFR
1928).
Each of these four categories of standards imposes requirements
that are, in some cases, identical for each category of employers;
in others, they are either absent or vary somewhat.
Among the standards that impose similar requirements on all
industry sectors are those for access to medical and exposure
records, personal protective equipment, and hazard communication.
Access to Medical and Exposure Records: This standard requires that
employers grant employees access to any of their medical records
maintained by the employer and to any records the employer
maintains on the employees' exposure to toxic substances.
Personal Protective Equipment: This standard, included separately
in the standards for each industry segment (except agriculture)
requires that employers provide employees, at no cost to employees,
with personal protective equipment designed to protect them against
certain hazards. This can range from protective helmets in
construction and cargo handling work to prevent head injuries, to
eye protection, hearing protection, hard-toed shoes, special
goggles (for welders, for example) and gauntlets for iron workers.
Hazard Communication: This standard requires that manufacturers and
importers of hazardous materials conduct a hazard evaluation of the
products they manufacture or import. If the product is found to be
hazardous under the terms of the standard, containers of the
material must be appropriately labeled and the first shipment of
the material to a new customer must be accompanied by a material
safety data sheet (MSDS). Receiving employers must train their
employees, using the MSDSs they receive, to recognize and avoid the
hazards the materials present.
In general, however, all employers should be aware that any hazard
not covered by an industry-specific standard may be covered by a
general industry standard or by the general duty clause. This
coverage becomes important in the enforcement aspects of OSHA's
work.
Other types of requirements are imposed by regulation rather than
by a standard. OSHA regulations cover such items as record-keeping,
reporting and posting.
Record-keeping: Every employer covered by OSHA who has more than 10
employees must maintain OSHA-specified records of job-related
injuries and illnesses. There are two such records, the OSHA Form
200 and the OSHA Form 101.
The OSHA Form 200 is an injury/illness log, with a separate line
entry for each recordable injury or illness (essentially those
work-related deaths, injuries and illnesses other than minor
injuries that require only first aid treatment and that do not
involve medical treatment, loss of consciousness, restriction of
work or motion, or transfer to another job). A summary section of
the OSHA Form 200, which includes the total of the previous year's
injury and illness experience, must be posted in the workplace for
the entire month of February each year.
The OSHA Form 101 is an individual incident report that provides
added detail about each individual recordable injury or illness. A
suitable insurance or worker compensation form that provides the
same details may be substituted for the OSHA Form 101.
Unless an employer has been selected in a particular year to be
part of a national survey of workplace injuries and illnesses
conducted by the Department of Labor's Bureau of Labor Statistics
(BLS), employers with ten or fewer employees or employers in
traditionally low-hazard industries are exempt from maintaining
these records; all employers selected for the BLS survey must
maintain the records. Employers so selected will be notified before
the end of the year to begin keeping records during the coming
year, and technical assistance on completing these forms is
available from the state offices which select these employers for
the survey.
Industries designated as traditionally low hazard include:
automobile dealers; apparel and accessory stores; furniture and
home furnishing stores; eating and drinking places; finance,
insurance, and real estate industries; and service industries, such
as personal and business services, legal, educational, social and
cultural services and membership organizations.
Reporting: In addition to selected employers each year being
required to report their injury and illness experience, each
employer, regardless of number of employees or industry category,
must report to the nearest OSHA office within 48 hours any accident
that results in one or more fatalities or hospitalization of five
or more employees. Such accidents are often investigated by OSHA to
determine whether violations of standards contributed to the event.
Workplace Inspections
To enforce its standards, OSHA is authorized under the Act to
conduct workplace inspections. Every establishment covered by the
Act is subject to inspection by OSHA compliance safety and health
officers (CSHOs), who are chosen for their knowledge and experience
in the occupational safety and health field. CSHOs are thoroughly
trained in OSHA standards and in the recognition of safety and
health hazards. Similarly, states with their own occupational
safety and health programs conduct inspections using qualified
state CSHOs.
Employee Rights
Employees are granted several important rights by the Act. Among
them are the right to: complain to OSHA about safety and health
conditions in their workplace and have their identity kept
confidential from the employer, contest the time period OSHA allows
for correcting standards violations, and participate in OSHA
workplace inspections.
Anti-Discrimination Provisions
Private sector employees who exercise their rights under OSHA can
be protected against employer reprisal. Employees must notify OSHA
within 30 days of the time they learned of the alleged
discriminatory action. This notification is followed by an OSHA
investigation. If OSHA agrees that discrimination has occurred, the
employer will be asked to restore any lost benefits to the affected
employee. If necessary, OSHA can take the employer to court. In
such cases, the worker pays no legal fees.
Assistance Available
Copies of Standards
The Federal Register is one of the best sources of information on
standards, since all OSHA standards are published there when
adopted, as are all amendments, corrections, insertions or
deletions. The Federal Register, published five days a week, is
available in many public libraries. Annual subscriptions are
available from the Superintendent of Documents, U.S. Government
Printing Office (GPO), Washington, DC 20402. For the current price,
contact GPO at (202) 783-3238.
Each year the Office of the Federal Register publishes all current
regulations and standards in the Code of Federal Regulations (CFR),
available at many public libraries and from GPO. OSHA's regulations
and standards are collected in several volumes in Title 29 CFR,
Parts 1900-1999.
Since states with OSHA-approved job safety and health programs
adopt and enforce their own standards under state law, copies of
these standards can be obtained from the individual states.
Addresses and phone numbers are found beginning on page 60 in the
appendix.
Training and Education
OSHA's field offices (more than 70) are full-service centers
offering a variety of informational services such as publications,
technical advice, audio-visual aids on workplace hazards, and
lecturers for speaking engagements.
The OSHA Training Institute in Des Plaines, IL, provides basic and
advanced training and education in safety and health for federal
and state CSHOs; state consultants; other federal agency personnel;
and private sector employers, employees and their representatives.
Institute courses cover topics such as electrical hazards, machine
guarding, ventilation and ergonomics. The Institute facility
includes classrooms, laboratories, a library and an audio-visual
unit. The laboratories contain various demonstrations and
equipment, such as power presses, woodworking and welding shops, a
complete industrial ventilation unit, and a noise demonstration
laboratory. Sixty-three courses are available for students from the
private sector dealing with subjects such as safety and health in
the construction industry and methods of voluntary compliance with
OSHA standards.
OSHA also provides funds to nonprofit organizations to conduct
workplace training and education in subjects where OSHA believes
there is a current lack of workplace training. OSHA identifies
areas of unmet needs for safety and health education in the
workplace annually and invites grant applications to address these
needs. The Training Institute is OSHA's point of contact for
learning about the many valuable training products and materials
developed under such grants.
Organizations awarded grants use funds to develop training and
educational programs, reach out to workers and employers for whom
their program is appropriate, and provide these programs to
employers and employees.
Grants are awarded annually, with a one-year renewal possible.
Grant recipients are expected to contribute 20 percent of the total
grant cost.
While OSHA does not provide grant materials directly, it will
provide addresses and phone numbers of contact persons from whom
the public can order such materials for its use. Contact the OSHA
Training Institute at (708) 297-4810.
Consultation Assistance
Consultation assistance is available to employers who want help in
establishing and maintaining a safe and healthful workplace.
Largely funded by OSHA, the service is provided at no cost to the
employer.
No penalties are proposed or citations issued for hazards
identified by the consultant.
The service is provided to the employer with the assurance that his
or her name and firm and any information about the workplace will
not be routinely reported to OSHA inspection staff.
Besides helping employers identify and correct specific hazards,
consultation can include assistance in developing and implementing
effective workplace safety and health programs with emphasis on the
prevention of worker injuries and illnesses. Limited assistance
such as training and education services, is also provided away from
the worksite.
Primarily targeted for smaller employers with more hazardous
operations, the consultation service is delivered by state
government agencies or universities employing professional safety
consultants and health consultants. When delivered at the worksite,
consultation assistance includes an opening conference with the
employer to explain the ground rules for consultation, a walk
through the workplace to identify any specific hazards and to
examine those aspects of the employer's safety and health program
which relate to the scope of the visit, and a closing conference
followed by a written report to the employer of the consultant's
findings and recommendations.
This process begins with the employer's request for consultation
and the commitment to correct any serious job safety and health
hazards identified by the consultant. Possible violations of OSHA
standards will not be reported to OSHA enforcement staff unless the
employer fails or refuses to eliminate or control worker exposure
to any identified serious hazard or imminent danger situation. In
such unusual circumstances, OSHA may investigate and begin
enforcement action.
Employers who receive a comprehensive consultation visit, correct
all identified hazards, and demonstrate that an effective safety
and health program is in operation may be exempted from OSHA
general schedule enforcement inspections (not complaint or accident
investigations) for a period of one year. Comprehensive
consultation assistance includes an appraisal of all work
practices; mechanical, physical, and environmental hazards in the
workplace; and, all aspects of the employer's present job safety
and health program.
Additional information concerning consultation assistance,
including a directory of OSHA-funded consultation projects, can be
obtained by requesting OSHA publication No. 3047, Consultation
Services for the Employer.
Voluntary Protection Programs
The Voluntary Protection Programs (VPPs) represent one part of
OSHA's effort to extend worker protection beyond the minimum
required by OSHA standards. These programs, along with others such
as expanded on-site consultation services and full-service area
offices, are cooperative approaches which, when coupled with an
effective enforcement program, expand worker protection to help
meet the goals of the Occupational Safety and Health Act of 1970.
The VPPs are designed to:
Recognize outstanding achievement of those who have successfully
incorporated comprehensive safety and health programs into their
total management system
Motivate others to achieve excellent safety and health results in
the same outstanding way
Establish a relationship between employers, employees, and OSHA
that is based on cooperation rather than coercion
OSHA reviews an employer's VPP application and conducts an on-site
review to verify that the safety and health program described is in
operation at the site. Evaluations are conducted on a regular
basis, annually for Merit and Demonstration programs, and
triennially for Star. All participants must send their injury
information annually to their OSHA regional office. Sites
participating in the VPP are not scheduled for programmed
inspections; however, any employee complaints, serious accidents or
significant chemical releases that may occur are handled according
to routine enforcement procedures.
An employer may make application for any VPP at the nearest OSHA
regional office. Once OSHA is satisfied that, on paper, the
employer qualifies for the program, an onsite review will be
scheduled. The review team presents its findings in a written
report for the company's review prior to submission to the
Assistant Secretary of Labor, who heads OSHA. If approved, the
employer receives a letter from the Assistant Secretary informing
the site of its participation in the VPP. A certificate of approval
and flag are presented at a ceremony held at or near the approved
worksite. Star sites receiving reapproval after each triennial
evaluation receive plaques at similar ceremonies.
The VPPs described are available in states under federal
jurisdiction. Some states with their own safety and health programs
have similar programs. Interested companies in these states should
contact the appropriate state agency for more information (see list
beginning on page 59).
Information Sources
Information about state programs, VPP, consultation programs, and
inspections can be obtained from the nearest OSHA field office, or
from one of the 10 regional OSHA offices listed, beginning on page
63 in the appendix. The listing indicates the states and
territories under the jurisdiction of each regional office. Area
offices under regional office jurisdiction are listed in local
phone directories under U.S. Government listings for the U.S
Department of Labor.
Other Sources
A single free copy of an OSHA catalog, OSHA 2019, "OSHA
Publications and Audiovisual Programs," may be obtained by mailing
a self-addressed mailing label to the OSHA Publications Office,
Room N3101, US Department of Labor, Washington, DC 20210; telephone
(202) 219-9667. Descriptions of and ordering information for all
OSHA publications and audiovisual programs are contained in this
catalog.
Questions about OSHA programs, the status of ongoing
standards-setting activities, and general inquiries about OSHA may
be addressed to the OSHA Office of Information & Consumer Affairs,
Room N3637, U.S. Department of Labor, Washington, DC 20210;
telephone (202) 219-8151.
Those who are interested in following OSHA activities more closely
may be interested in subscribing to OSHA's official magazine, Job
Safety & Health Quarterly. Subscription orders may be placed with
the Superintendent of Documents, Government Printing Office,
Washington, DC 20402; telephone (202) 783-3238. Orders by phone may
be charged to VISA or MASTERCARD. Written orders should be
accompanied by a check or money order made payable to
"Superintendent of Documents" in the amount of $5.50 (international
orders add 25%).
Penalties
These are the types of violations that may be cited and the
penalties that may be proposed:
Other-Than-Serious Violation: A violation that has a direct
relationship to job safety and health, but probably would not cause
death or serious physical harm. A proposed penalty of up to $7,000
for each violation is discretionary. A penalty for an
other-than-serious violation may be adjusted downward by as much as
95 percent, depending on the employer's good faith (demonstrated
efforts to comply with the Act), history of previous violations,
and size of business. When the adjusted penalty amounts to less
than $50, no penalty is proposed.
Serious Violation: A violation where there is substantial
probability that death or serious physical harm could result and
that the employer knew, or should have known, of the hazard. A
mandatory penalty of up to $7,000 for each violation is proposed.
A penalty for a serious violation may be adjusted downward, based
on the employer's good faith, history of previous violations, the
gravity of the alleged violation, and size of business.
Willful Violation: A violation that the employer intentionally and
knowingly commits. The employer either knows that what he or she is
doing constitutes a violation, or is aware that a hazardous
condition existed and has made no reasonable effort to eliminate
it.
The Act provides that an employer who willfully violates the Act
may be assessed a civil penalty of not more than $70,000 but not
less than $5,000 for each violation. A proposed penalty for a
willful violation may be adjusted downward, depending on the size
of the business and its history of previous violations. Usually no
credit is given for good faith.
If an employer is convicted of a willful violation of a standard
that has resulted in the death of an employee, the offense is
punishable by a court-imposed fine or by imprisonment for up to six
months, or both. A fine of up to $250,000 for an individual, or
$500,000 for a corporation [authorized under the Comprehensive
Crime Control Act of 1984 (1984 CCA), not the OSH Act], may be
imposed for a criminal conviction.
Repeated Violation: A violation of any standard, regulation, rule
or order where, upon reinspection, a substantially similar
violation is found. Repeated violations can bring a fine of up to
$70,000 for each such violation. To be the basis of a repeat
citation, the original citation must be final; a citation under
contest may not serve as the basis for a subsequent repeat
citation.
Failure to Correct Prior Violation: Failure to correct a prior
violation may bring a civil penalty of up to $7,000 for each day
the violation continues beyond the prescribed abatement date.
Additional violations for which citations and proposed penalties
may be issued are as follows:
Falsifying records, reports or applications upon conviction can
bring a fine of $10,000 or up to six months in jail, or both
Violations of posting requirements can bring a civil penalty of up
to $7,000
Assaulting a compliance officer, or otherwise resisting, opposing,
intimidating, or interfering with a compliance officer in the
performance of his or her duties is a criminal offense, subject to
a fine of not more than $250,000 for an individual and $500,000 for
a corporation (1984 CCA) and imprisonment for not more than three
years
Citation and penalty procedures may differ somewhat in states with
their own occupational safety and health programs.
Appeals Process
Appeals by Employees: If an inspection was initiated due to an
employee complaint, the employee or authorized employee
representative may request an informal review of any decision not
to issue a citation.
Employees may not contest citations, amendments to citations,
penalties or lack of penalties. They may contest the time in the
citation for abatement of a hazardous condition. They also may
contest an employer's Petition for Modification of Abatement (PMA)
which requests an extension of the abatement period. Employees must
contest the PMA within 10 working days of its posting or within 10
working days after an authorized employee representative has
received a copy.
Within 15 working days of the employer's receipt of the citation,
the employee may submit a written objection to OSHA. The OSHA area
director forwards the objection to the Occupational Safety and
Health Review Commission, which operates independently of OSHA.
Employees may request an informal conference with OSHA to discuss
any issues raised by an inspection, citation, notice of proposed
penalty or employer's notice of intention to contest.
Appeals by Employers: When issued a citation or notice of a
proposed penalty, an employer may request an informal meeting with
OSHA's area director to discuss the case. Employee representatives
may be invited to attend the meeting. The area director is
authorized to enter into settlement agreements that revise
citations and penalties to avoid prolonged legal disputes.
Petition for Modification of Abatement (PMA): Upon receiving a
citation, the employer must correct the cited hazard by the
prescribed date unless he or she contests the citation or abatement
date. If factors beyond the employer's reasonable control prevent
the completion of corrections by that date, the employer who has
made a good faith effort to comply may file a PMA for an extended
date.
The written petition should specify all steps taken to achieve
compliance, the additional time needed to achieve complete
compliance, the reasons this additional time is needed, and all
temporary steps being taken to safeguard employees against the
cited hazard during the intervening period. It should also indicate
that a copy of the PMA was posted in a conspicuous place at or near
each place where a violation occurred, and that the employee
representative (if there is one) received a copy of the petition.
Notice of Contest: If the employer decides to contest either the
citation, the time set for abatement, or the proposed penalty, he
or she has 15 working days from the time the citation and proposed
penalty are received in which to notify the OSHA area director in
writing. An orally expressed disagreement will not suffice. This
written notification is called a "Notice of Contest."
There is no specific format for the Notice of Contest; however, it
must clearly identify the employer's basis for contesting the
citation, notice of proposed penalty, abatement period, or
notification of failure to correct violations.
A copy of the Notice of Contest must be given to the employees'
authorized representative. If any affected employees are not
represented by a recognized bargaining agent, a copy of the notice
must be posted in a prominent location in the workplace, or else
served personally upon each unrepresented employee.
Appeal Review Procedure
If the written Notice of Contest has been filed within the required
15 working days, the OSHA area director forwards the case to the
Occupational Safety and Health Review Commission (OSHRC). The
Commission is an independent agency not associated with OSHA or the
Department of Labor. The Commission assigns the case to an
administrative law judge.
The judge may disallow the contest if it is found to be legally
invalid, or a hearing may be scheduled for a public place near the
employer's workplace. The employer and the employees have the right
to participate in the hearing; the OSHRC does not require that they
be represented by attorneys.
Once the administrative law judge has ruled, any party to the case
may request a further review by OSHRC. Any of the three OSHRC
commissioners also may, at his or her own motion, bring a case
before the Commission for review. Commission rulings may be
appealed to the appropriate U.S. Court of Appeals.
Appeals In State-Plan States
States with their own occupational safety and health programs have
a state system for review and appeal of citations, penalties, and
abatement periods. The procedures are generally similar to Federal
OSHA's, but cases are heard by a state review board or equivalent
authority.
Relation to State, Local and Other Federal Laws
As discussed above in the section titled "Who is Covered," Federal
OSHA has jurisdiction over workplace safety and health issues in
all states that do not operate their own OSHA-approved programs. In
fact, any occupational safety and health issues regulated by a
state that does not have an OSHA-approved program are preempted by
OSHA jurisdiction.
The agency also covers all working conditions that are not covered
by safety and health regulations of some other federal agency under
other legislation. Industries where such regulations frequently
apply include most transportation industries (rail, air and highway
safety are under the Department of Transportation), nuclear
industries (covered either by the Department of Energy or the
Nuclear Regulatory commission) and mining (covered by the
Department of Labor's Mine Safety and Health Administration, and
discussed elsewhere in this publication). OSHA also has the
authority to monitor the safety and health of federal employees.
5. EMPLOYEE BENEFIT PLANS
Employee Retirement Income Security Act (ERISA), 29 USC §1001 et
seq., 29 CFR §2509 et seq.
Who is Covered
The provisions of Title I of ERISA are intended to require
compliance from most private sector employee benefit plans.
Employee benefit plans are voluntarily established and maintained
by an employer, an employee organization, or jointly by one or more
such employers and the employee organization. Employee benefit
plans which are pension plans are established and maintained to
provide retirement income or to defer income to termination of
covered employment or beyond. Employee benefit plans which are
welfare plans are established and maintained to provide, through
insurance or otherwise, health benefits, disability benefits, death
benefits, prepaid legal services, vacation benefits, day care
centers, scholarship funds, apprenticeship and training benefits,
or other similar benefits.
In general, ERISA does not cover plans established or maintained by
governmental entities or churches for their employees, or plans
which are maintained solely to comply with applicable workers
compensation, unemployment or disability laws. ERISA also does not
cover plans maintained outside the United States primarily for the
benefit of nonresident aliens or unfunded excess benefit plans.
Basic Provisions/Requirements
ERISA sets uniform minimum standards to assure the equitable
character of employee benefit plans and their financial soundness
to provide workers with benefits promised by their employers. In
addition, employers have an obligation to provide promised benefits
and satisfy ERISA's requirements on managing and administering
private pension and welfare plans. The Department's Pension and
Welfare Benefits Administration (PWBA), together with the Internal
Revenue Service (IRS), carries out its statutory and regulatory
authority to assure that workers receive the promised benefits. The
Department has principal jurisdiction over Title I of ERISA, which
requires persons and entities who manage and control plan funds to:
Carry out their duties in a prudent manner and refrain from
conflict-of-interest transactions expressly prohibited by law, for
the exclusive benefit of participants and beneficiaries
Comply with limitations on certain plans' investments in employer
securities and properties
Fund benefits in accordance with the law and plan rules
Report and disclose information on the operations and financial
condition of plans to the government and participants
Provide documents required in the conduct of investigations to
assure compliance with the law
The IRS administers Title II of ERISA, which includes vesting
participation, discrimination and funding standards.
Reporting and Disclosure
Part 1 of Title I requires the administrator of an employee benefit
plan to furnish participants and beneficiaries with a summary plan
description (SPD), describing in understandable terms, their
rights, benefits and responsibilities under the plan. Plan
administrators are also required to furnish participants with a
summary of any material changes to the plan or changes to the
information contained in the summary plan description. Generally,
copies of these documents must be filed with the Department.
In addition, the administrator must file an annual report (Form
5500 Series) each year containing financial and other information
concerning the operation of the plan. Plans with 100 or more
participants must file the Form 5500. Plans with fewer than 100
participants file the Form 5500-C at least every third year and may
file a Form 5500-R, an abbreviated report, in the two intervening
years. The forms are filed with the Internal Revenue Service, which
furnishes the information to the Department of Labor. Welfare
benefit plans with fewer than 100 participants that are fully
insured or unfunded (i.e., benefits are provided exclusively
through insurance contracts where the premiums are paid directly
from the general assets of the employer or the benefits are paid
from the general assets of the employer) are not required to file
an annual report under regulations issued by the Department. Plan
administrators must furnish participants and beneficiaries with a
summary of the information in the annual report.
The Department's regulations governing reporting and disclosure
requirements are set forth at 29 CFR §2520.101-1 et seq.
Fiduciary Standards
Part 4 sets forth standards and rules governing the conduct of plan
fiduciaries. In general, persons who exercise discretionary
authority or control regarding management of a plan or disposition
of its assets are "fiduciaries" for purposes of Title I of ERISA.
Fiduciaries are required, among other things, to discharge their
duties solely in the interest of plan participants and
beneficiaries and for the exclusive purpose of providing benefits
and defraying reasonable expenses of administering the plan. In
discharging their duties, fiduciaries must act prudently and in
accordance with documents governing the plan, to the extent such
documents are consistent with ERISA. Certain transactions between
an employee benefit plan and "parties in interest," which include
the employer and others who may be in a position to exercise
improper influence over the plan, are prohibited by ERISA. Most of
these transactions are also prohibited by the Internal Revenue Code
("Code"). The Code imposes an excise tax on "disqualified persons"
-- whose definition generally parallels that of parties in interest
-- who participate in such transactions.
Exemptions
Both ERISA and the Code contain various statutory exemptions from
the prohibited transaction rules and give the Departments of Labor
and Treasury, respectively, authority to grant administrative
exemptions and establish exemption procedures. Reorganization Plan
No. 4 of 1978 transferred the authority of the Treasury Department
over prohibited transaction exemptions, with certain exceptions, to
the Labor Department.
The statutory exemptions generally include loans to participants,
the provision of services necessary for operation of a plan for
reasonable compensation, loans to employee stock ownership plans,
and investment with certain financial institutions regulated by
other State or Federal agencies. (See ERISA section 408 for the
conditions of the exemptions.) Administrative exemptions may be
granted by the Department on a class or individual basis for a wide
variety of proposed transactions with a plan. Applications for
individual exemptions must include, among other information:
Percentage of assets involved in the exemption transaction
The names of persons with investment discretion
Extent of plan assets already invested in loans to, property leased
by, and securities issued by parties in interest involved in the
transaction
Copies of all contracts, agreements, instruments and relevant
portions of plan documents and trust agreements bearing on the
exemption transaction
Information regarding plan participation in pooled funds when the
exemption transaction involves such funds
Declaration, under penalty of perjury by the applicant, attesting
to the truth of representations made in such exemption submissions
Statement of consent by third-party experts acknowledging that
their statement is being submitted to the Department as part of an
exemption application
The Department's exemption procedures are set forth at 29 CFR
§2570.30 through 2570.51.
Enforcement
ERISA imposes substantial law enforcement responsibilities on the
Department. Part 5 of ERISA Title I gives the Department authority
to bring a civil action to correct violations of the law, gives
investigative authority to determine whether any person has
violated Title I, and imposes criminal penalties on any person who
willfully violates any provision of Part 1 of Title V.
Continuation Health Coverage
Continuation health care provisions were enacted as part of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).
These provisions cover group health plans of employers with 20 or
more employees on a typical working day in the previous calendar
year. COBRA gives participants and beneficiaries an election to
maintain at their own expense coverage under their health plan at
a cost that is comparable to what it would be if they were still
members of the employer's group. Employers and plan administrators
have an obligation to determine specific rights of beneficiaries
with respect to election, notification and type of coverage
options. (See 29 USC §§1161 through 1168). Plans must give covered
individuals an initial general notice informing them of their
rights under COBRA and describing the law. Plan administrators are
required to provide specific notices when certain events occur. In
most instances of employee death, termination, reduced hours of
employment, entitlement to Medicare, or bankruptcy, it becomes the
employer's responsibility to provide a specific notice to the plan
administrator.
The Department has limited regulatory and interpretative
jurisdiction over COBRA provisions. Its responsibility includes the
COBRA notification and disclosure provisions.
Jurisdiction of the Internal Revenue Service
The IRS has regulatory and interpretative responsibility for all
provisions of COBRA not under DOL's jurisdiction. (See IRS proposed
regulations in the Federal Register of June 14, 1987 (52 FR
22716).) In addition, ERISA provisions relating to participation,
vesting, funding and benefit accrual, contained in parts 2 and 3 of
Title I, are generally administered and interpreted by the Internal
Revenue Service.
Assistance Available
PWBA has numerous general publications designed to assist employers
and employees in understanding their obligations and rights under
ERISA. Publications -- a listing of PWBA booklets and pamphlets --
is available by writing to: Publications Desk, PWBA, Division of
Public Affairs, Room N-5511, 200 Constitution Ave., NW, Washington,
DC 20210.
In addition, employee benefit plan documents and other materials
are available from the PWBA Public Disclosure Room. This facility
may be used to view and to obtain copies of materials on file.
Materials include: summary plan descriptions, Form 5500 Series
reports, Master Trust reports, 103-12 Investment Entity Reports,
Common or Collective Trust or Pooled Separate Account direct
filings, Apprentice and Other Training Plans notices, "Top Hat"
plan statements, advisory opinions, announcements and transcripts
of public hearings and proceedings.
The PWBA Public Disclosure Room is open to the public Monday
through Friday, from 8:30 a.m. to 4:30 p.m. Copies of materials are
available at a cost of 15 cents per page by ordering in person or
writing to: PWBA Public Disclosure Room, U.S. Department of Labor,
Room N-5507, 200 Constitution Ave., NW, Washington, DC 20210.
Given the complexity of ERISA requirements, employers may seek the
assistance of an attorney, CPA firm, investment or brokerage firm,
and other employee benefit consultants in complying with the law.
Penalties
PWBA has authority to assess civil penalties for reporting
violations and prohibited transactions involving a plan under ERISA
Section 502(c). A penalty of up to $1,000 per day may be assessed
against plan administrators who fail to or refuse to comply with
annual reporting requirements. Section 502(i) gives the agency
authority to assess civil penalties against parties in interest who
engage in prohibited transactions with welfare and nonqualified
pension plans. The penalty can range from five percent to 100
percent of the amount involved in a transaction. A parallel
provision of the Code directly imposes an excise tax against
disqualified persons, including employee benefit plan sponsors and
service providers, who engage in prohibited transactions with
tax-qualified pension and profit sharing plans. Finally, the
Department is required under Section 502(l) to assess mandatory
civil penalties equal to 20 percent of any amount recovered with
respect to fiduciary breaches resulting from either a settlement
agreement with the Department or a court order as the result of a
lawsuit by the Department.
Relation to State, Local and Other Federal Laws
Part 5 of Title I provides that the provisions of ERISA Titles I
and IV supersede state and local laws which "relate to" an employee
benefit plan. ERISA, however, saves certain state and local laws
from ERISA preemption, including certain exceptions for state
insurance regulation of multiple employer welfare arrangements
(MEWAs). MEWAs generally constitute employee welfare benefit plans
or other arrangements providing welfare benefits to employees of
more than one employer, not pursuant to a collective bargaining
agreement.
In addition, ERISA's general prohibitions against assignment or
alienation of pension benefits does not apply to qualified domestic
relations orders. These orders must be made pursuant to state
domestic relations law and award all or part of a participant's
benefit in the form of child support, alimony, or marital property
rights to an alternative payee (spouse, former spouse, child or
other dependent). Plan administrators must comply with the terms of
such orders.
6. WHISTLEBLOWER PROTECTION
Employee Protection (Whistleblower) Provisions -- Clean Air Act
(Title 42 U.S. Code, Section 7622); Comprehensive Environmental
Response, Compensation and Liability Act (Title 42 U.S. Code,
Section 9610); Energy Reorganization Act of 1974 (Title 42 U.S.
Code, Section 5851); Safe Drinking Water Act (Title 42 U.S. Code,
Section 300j-9(i)); Solid Waste Disposal Act (Title 42 U.S. Code,
Section 6971); Toxic Substances Control Act (Title 15 U.S. Code,
Section 2622); Federal Water Pollution Control Act (Title 33 U.S.
Code, Section 1367); 29 CFR 24).
Who is covered
These environmental Acts provide protection from discharge or other
discriminatory actions by employers in retaliation for employees'
good faith complaints about safety and health hazards in the
workplace. The Acts cover all private sector employers.
Basic Provisions/Requirements
The employee protection provisions of these Acts prohibit employers
from discharging or otherwise discriminating against employees in
retaliation for their disclosure of safety and health hazards to
the employer or to the appropriate federal agency. They also
protect employee participation in formal government proceedings in
connection with safety and health hazards. The Acts specifically
exclude from protection the disclosure of hazards deliberately
caused by an employee. Additionally, the statutes do not protect
"frivolous" complaints. Employees have the right under the Acts to
refuse to work in hazardous or unsafe situations.
Employees who believe they have been discriminated against in
violation of these protective provisions may file a complaint,
within 30 days of the alleged violation, with the Employment
Standards Administration's Wage and Hour Division.
Assistance Available
More detailed information, including copies of explanatory
brochures and regulatory and interpretative materials, may be
obtained by contacting the offices listed beginning on page 53 in
the appendix.
Penalties
Upon receipt of a complaint, the Wage and Hour Division conducts an
investigation to determine whether a violation has occurred. When
a violation has occurred, the employer is notified of the violation
determination and efforts are made to conciliate the situation. The
employer may appeal a violation determination to an administrative
law judge, if done within 5 calendar days of the notification of
the determination. The administrative law judge's decision is
referred to the Secretary of Labor for a final order. The Secretary
may affirm or set aside the administrative law judge's decision.
Where the Secretary concludes that a violation has occurred,
his/her final order may instruct the employer to take affirmative
action to abate the violation and provide for appropriate relief,
which may include restoration of back pay, employment status and
benefits. The Secretary may also order the employer to provide
compensatory damages to the employee. If dissatisfied with the
Secretary's decision, the employer may appeal in federal court.
Final determinations on violations are enforceable through the
courts. The employee is entitled to similar appeal rights under the
Acts.
Relation to State, Local and Other Federal Laws
The current whistleblower programs do not preempt existing state
statutes and common law claims. All provisions contained in the
programs are in addition to protection provided by state laws.
7. VETERANS
Veterans' Reemployment Rights Act (VRR).
Who is Covered
VRR applies to persons who are inducted into the Armed Forces, to
persons who volunteer directly for active duty and to Reservists
and members of the National Guard who are called to active duty
either voluntarily or involuntarily. In addition, VRR covers
members of the Reserves and National Guard during initial active
duty training, active duty for training and inactive duty training.
Basic Provisions/Requirements
Veterans returning from active duty must meet the following five
eligibility requirements to be covered by VRR:
Held an "other than temporary" (not necessarily "permanent")
civilian job
Left the civilian job for the purpose of going on active duty
Did not remain on active duty longer than 4 years, unless the
period beyond 4 years (up to an additional year) was "at the
request and for convenience of the Federal Government"
Was discharged or released from active duty "under honorable
conditions"
Applied for reemployment with the pre-service employer or successor
in interest within 90 days after separation from active duty
Eligible veterans are entitled to reinstatement within a reasonable
time to a position of like seniority, status and pay. In addition,
the returning veterans do not step back on the seniority escalator
at the point they stepped off. Rather the veterans step back on at
the precise point that they would have occupied had they kept the
position continuously during the military service.
VRR provides that a reservist or member of the National Guard shall
upon request be granted a leave of absence by such person's
employer to perform active duty training or inactive duty training
and that the employee shall not be denied retention in employment
or any promotion or other incident or advantage of employment
because of any obligation as a member of a Reserve component of the
Armed Forces. In addition, while the employer is not required to
pay the Reservist or National Guard member for the hours or days
not worked because of military training obligations, it is unlawful
to require the employee to use earned vacation time for military
training.
A person who leaves a civilian job in order to perform active duty
is not required to request a leave of absence or even to notify the
employer that military service is the reason for leaving the job,
although such a person is encouraged to provide the employer with
as much information as possible. However, a Reservist or member of
the National Guard must request a leave of absence when leaving the
civilian job to perform active duty training or inactive duty
training.
VRR is enforced by DOL's Veterans' Employment and Training Service
(VETS).
Assistance Available
VETS has published two fact sheets covering the veteran
reemployment and job rights. These are OASVET 90-09 entitled "Job
Rights for Reservists and Members of the National Guard" and OAVET
90-10 entitled "Reemployment Rights for Returning Veterans."
Copies of these and other VETS' publications or answers to
questions on VRR may be obtained from the nearest VETS office, as
listed in the appendix.
Penalties
Not Applicable.
Relation to State, Local and Other Federal Laws
The VRR does not preempt state laws providing greater or additional
rights, but it does preempt state laws providing lesser rights or
imposing additional eligibility criteria.
8. PLANT CLOSINGS AND MASS LAYOFFS
Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C.
2101 et seq.; 20 CFR Part 639.
Who is Covered
In general, employers are covered by WARN if they have 100 or more
employees, not counting employees who have worked less than 6
months in the last 12 months and not counting employees who work an
average of less than 20 hours a week. Regular federal, state and
local government entities which provide public services are not
covered. Employees entitled to notice under WARN include hourly and
salaried workers, as well as managerial and supervisory employees.
Basic Provisions/Requirements
WARN requires employers to provide notice 60 days in advance of
covered plant closings and covered mass layoffs. This notice must
be provided to affected workers or their representatives (e.g., a
labor union), to the state dislocated worker unit, and to the
appropriate local government.
A covered plant closing occurs when a facility or operating unit is
shut down for more than 6 months, and 50 or more workers lose their
jobs as a result during a 30-day period. A covered mass layoff
occurs when a layoff of 6 months or longer affects 500 or more
workers, or 33 percent or more of the employer's workforce when the
layoffs affect between 50 and 499 workers. The number of affected
workers is the total number laid off during a 30-, or in some cases
90-, day period.
WARN does not apply to the closing of temporary facilities, or the
completion of an activity when the workers were hired only for the
duration of that activity. WARN also provides for less than 60 days
notice when the layoffs were the result of the closing a faltering
company, unforeseeable business circumstances, or a natural
disaster.
Assistance Available
The Department of Labor has published a pamphlet entitled "A Guide
to Advance Notice of Closings and Layoffs," which describes the
Worker Adjustment and Retraining Notification Act. Requests for
copies of the pamphlet, or general questions on the regulations,
may be addressed to:
U.S. Department of Labor
Employment and Training Administration
Office of Work-Based Learning
Room N-4469
200 Constitution Avenue, N.W. Washington, DC 20210
(202) 219-5577 (not a toll-free number)
The Department, since it does not have administrative or
enforcement authority under WARN, cannot provide specific advice or
guidance with respect to individual situations.
Penalties
An employer who violates the WARN provisions is liable to each
employee for an amount equal to back pay and benefits for the
period of the violation, up to 60 days. This may be reduced by the
period of any notice that was given, and any voluntary payments
made by the employer to the employee.
An employer who fails to provide the required notice to the unit of
local government is subject to a civil penalty not to exceed $500
for each day of violation. This may be avoided if the employer
satisfies the liability to each employee within 3 weeks after the
closing or layoff.
Enforcement of WARN requirements is through the United States
district courts. Workers, or their representatives, and units of
local government may bring individual or class action suits. The
Court may allow reasonable attorney's fees as part of any final
judgement.
Relation to State, Local and Other Federal Laws
WARN is in addition to, and does not preempt any other federal,
state or local law, or any employer/employee agreement which
requires other notification or benefit.
9. LIE DETECTOR TESTS
Employee Polygraph Protection Act of 1988 (29 U.S. Code, Section
2001 et seq.; 29 CFR Part 801).
Who is Covered
The Employee Polygraph Protection Act (EPPA) applies to most
private employers. Federal, state and local governments are not
covered by the law.
Basic Provisions/Requirements
The EPPA prohibits most private employers from using lie detector
tests either for pre-employment screening or during the course of
employment.
Employers are generally prohibited from requiring or requesting any
employee or job applicant to take a lie detector test, and from
discharging, disciplining, or discriminating against an employee or
prospective employee for refusing to take a test or for exercising
other rights under the Act. Employers may not use or inquire about
the results of a lie detector test or discharge or discriminate
against an employee, a prospective employee, or a former employee
for refusal to take a test, on the basis of the results of a test,
or for filing a complaint, or participating in a proceeding under
the Act.
The Act permits polygraph (a type of lie detector) tests to be
administered, subject to restrictions, to certain prospective
employees of security service firms (armored car, alarm, and
guard), and of pharmaceutical manufacturers, distributors and
dispensers.
The Act also permits polygraph testing, subject to restrictions, of
certain employees of private firms who are reasonably suspected of
involvement in a workplace incident (theft, embezzlement, etc.)
that resulted in specific economic loss or injury to the employer.
Where polygraph examinations are permitted, they are subject to
strict standards concerning the conduct of the test, including the
pretest, testing and post-testing phases. An examiner must also be
licensed and bonded or have professional liability coverage. The
Act strictly limits the disclosure of information obtained during
a polygraph test.
Assistance Available
The Act is administered and enforced by the Employment Standards
Administration's Wage and Hour Division. More detailed information,
including copies of explanatory brochures and regulatory and
interpretative materials, may be obtained by contacting the offices
listed in the appendix.
Penalties
The Secretary of Labor can bring court action to restrain violators
and assess civil money penalties up to $10,000 per violation
against violators. Employers who violate the law may be liable to
the employee or prospective employee for legal and equitable
relief, including employment, reinstatement, promotion and payment
of lost wages and benefits. Any person against whom a civil money
penalty is assessed may, within 30 days of the notice of
assessment, request a hearing before an administrative law judge.
If dissatisfied with the administrative law judge's decision, such
person may request a review of the decision by the Secretary of
Labor. Final determinations on violations are enforceable through
the courts.
Relation to State, Local and Other Federal Laws
The law does not preempt any provision of any state or local law or
any collective bargaining agreement which is more restrictive with
respect to lie detector tests.
10. WAGE GARNISHMENT
Title III, Consumer Credit Protection Act (15 U.S. Code, Sections
1671 et seq; 29 CFR 870).
Who is Covered
Title III of the Consumer Credit Protection Act (CCPA) protects
employees from being discharged by their employers because of
garnishment for any one indebtedness and limits the amount of
employees' earnings which may be garnished in any one week. Title
III applies to all individuals who receive personal earnings and to
their employers. Personal earnings include wages, salaries,
commissions, bonuses and income from a pension or retirement
program but does not ordinarily include tips.
The law applies in all 50 states, the District of Columbia, Puerto
Rico and all U.S. territories and possessions.
Basic Provisions/Requirements
Wage garnishment is a legal procedure through which the earnings of
an individual are required by court order to be withheld by an
employer for the payment of a debt. Title III prohibits an employer
from discharging an employee whose earnings have been subject to
garnishment for any one debt, regardless of the number of levies
made or proceedings brought to collect it. It does not, however,
protect an employee from discharge if the employee's earnings have
been subject to garnishment for a second or subsequent debts.
Title III also protects employees by limiting the amount of their
earnings that may be garnished in any workweek or pay period to the
lesser of 25 percent of disposable earnings or the amount by which
disposable earnings are greater than 30 times the federal minimum
hourly wage prescribed by section 6(a)(1) of the Fair Labor
Standards Act of 1938. This limit applies regardless of the number
of garnishment orders received by an employer. The federal minimum
wage is $4.25 per hour.
In court orders for child support or alimony, Title III allows up
to 50 percent of an employee's disposable earnings to be garnished
if the employee is supporting another spouse or child, and up to 60
percent for an employee who is not. An additional 5 percent may be
garnished for support payments which are more than 12 weeks in
arrears.
"Disposable earnings" is the amount of employee earnings left after
legally required deductions have been made for federal, state and
local taxes, Social Security, unemployment insurance and state
employee retirement systems. Other deductions which are not
required by law, e.g., union dues, health and life insurance, and
charitable contributions, are not subtracted from gross earnings
when calculating the amount of disposable earnings for garnishment
purposes.
Title III specifies that garnishment restrictions do not apply to
bankruptcy court orders and debts due for federal and state taxes.
Nor does it affect voluntary wage assignments, i.e., situations in
which workers voluntarily agree that their employers may turn over
some specified amount of their earnings to a creditor or creditors.
Assistance Available
Title III is administered and enforced by the Employment Standards
Administration's Wage and Hour Division. More detailed information,
including copies of explanatory brochures and regulatory and
interpretative materials, may be obtained by contacting the offices
listed in the appendix.
Penalties
Violations of Title III may result in the reinstatement of a
discharged employee, with back pay, and the correction of improper
garnishment amounts. Where violations cannot be resolved through
informal means, court action may be initiated to restrain and
remedy violations. Employers who willfully violate the discharge
provisions of the law may be prosecuted criminally and fined up to
$1,000, or imprisoned for not more than one year, or both.
Relation to State, Local and Other Federal Laws
If a state wage garnishment law differs from Title III, the law
resulting in the smaller garnishment, or prohibiting the discharge
of any employee because his or her earnings have been subject to
garnishment for more than one indebtedness must be observed.
APPENDIX
Wage and Hour Division
National Office
Office of Program Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3028
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-8353
Division of Farm Labor, Child Labor, and Polygraph Standards
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3510
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-4670
Division of Contract Standards Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3018
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-7541
Division of Fair Labor Standards Act Operations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3516
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-1407
Division of Wage Determinations
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room S-3014
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-7531
Regional Administrators
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 750
201 Varick St.
New York, New York 10014
(212) 337-2000
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 662
1375 Peachtree St., N.E.
Atlanta, Georgia 30367
(404) 347-4801
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Building, S. 800
525 S. Griffin St.
Dallas, Texas 75202
(214) 767-6894
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Office Building
1801 California St., S. 930
Denver, Colorado 80202-2614
(303) 391-6780
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
1111 Third Ave., S. 600
Seattle, Washington 98101
(206) 553-1914
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
One Congress St., 11th Fl.
Boston, Massachusetts 02114
(617) 565-2066
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 15230
Gateway Building
3535 Market St.
Philadelphia, Pennsylvania 19104
(215) 596-1185
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, Room 820
230 South Dearborn St.
Chicago, Illinois 60604
(312) 353-7280
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Federal Office Building, Room 2000
911 Walnut St.
Kansas City, Missouri 64106
(816) 426-5381
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor, S. 930
71 Stevenson St.
San Francisco, California 94105
(415) 744-6645
Office of Federal Contract Compliance Programs
OFCCP/ESA
U.S. Department of Labor
200 Constitution Ave., N.W.
Washington, DC 20210
(202) 219-9475
OFCCP/ESA
U.S. Department of Labor
One Congress St., 11th Fl.
Boston, MA 02114
(617) 565-2055
OFCCP/ESA
U.S. Department of Labor
201 Varick St., Room 750
New York, NY 10014
(212) 337-2006
OFCCP/ESA
U.S. Department of Labor
Gateway Building, Room 15340
3535 Market St.
Philadelphia, PA 19104
(215) 596-6168
OFCCP/ESA
U.S. Department of Labor, S. 678
1375 Peachtree St., N.E.
Atlanta, GA 30367
(404) 347-3200
OFCCP/ESA
U.S. Department of Labor
New Federal Building, Room 570
230 South Dearborn St.
Chicago, IL 60604
(312) 353-0335
OFCCP/ESA
U.S. Department of Labor
Federal Building, Room 840
525 South Griffin St.
Dallas, TX 75202
(214) 767-4771
OFCCP/ESA
U.S. Department of Labor
911 Walnut St., Room 2011
Kansas City, MO 64106
(816) 426-5384
OFCCP/ESA
U.S. Department of Labor
Federal Office Building, S. 935
1801 California St.
Denver, CO 80202
(303) 844-5011
OFCCP/ESA
U.S. Department of Labor
71 Stevenson St., S. 910
San Francisco, CA 94105
(415) 744-6640
OFCCP/ESA
U.S. Department of Labor, S. 610
1111 Third Ave.
Seattle, WA 98101
(206) 553-4508
Occupational Safety and Health Administration
State Program Offices
Alaska Department of Labor
1111 West 8th St., Room 306
Juneau, AK 99802
(907) 465-2700
Industrial Comm. of Arizona
800 W. Washington
Phoenix, AZ 85007
(602) 542-5795
California Dept. of Industrial Relations
455 Golden Gate Ave., 4th Fl.
San Francisco, CA 94102
(415) 703-4590
Connecticut Dept. of Labor
200 Folly Brook Blvd.
Wethersfield, CT 06109
(203) 566-5123
Hawaii Dept. of Labor and Industrial Relations
830 Punchbowl St.
Honolulu, HI 96813
(808) 586-8844
Indiana Dept. of Labor
State Office Bldg., Room W-195
402 West Washington St.
Indianapolis, IN 46204
(317) 232-2378
Iowa Div. of Labor Services
1000 E. Grand Ave.
Des Moines, IA 50319
(515) 281-3447
Kentucky Labor Cabinet
1049 US Highway 127 South
Frankfort, KY 40601
(502) 564-3070
Maryland Div. of Labor and Industry
Dept of Licensing and Regs
501 St. Paul Pl., 2nd Fl.
Baltimore, MD 21202
(301) 333-4179
Michigan Dept. of Labor
P.O. Box 30015
Victor Office Center
201 N. Washington Square
Lansing, MI 48933
(517) 373-9600
Michigan Dept. of Public Health
P.O. Box 30195
3423 N. Logan St.
Lansing, MI 48909
(517) 335-8022
Minnesota Dept. of Labor and Industry
443 Lafayette Rd.
St. Paul, MN 55155
(612) 296-2342
Nevada Department of Industrial Relations
Division of Occupational Safety and Health
Capitol Complex
1370 S. Curry St.
Carson City, NV 89710
(702) 687-3032
New Mexico Environment Dept.
Occupational Health and Safety Bureau
P.O. Box 26110
1190 St. Francis Dr.
Santa Fe, NM 87502
(505) 827-2850
New York Dept. of Labor
State Office Building
Campus 12, Room 457
Albany, NY 12240
(518) 457-2741
North Carolina Dept. of Labor
4 W. Edenton St.
Raleigh, NC 27601
(919) 733-0360
Oregon Occupational Safety and Health Div.
Dept. of Insurance and Finance, Room 160
21 Labor and Industry Bldg.
Summer and Chemekita Sts., N.E.
Salem, OR 97310
(503) 378-3272
Puerto Rico Dept. of Labor and Human Resources
505 Munoz Rivera Ave.
Hato Rey, PR 00918
(809) 754-2119
South Carolina Dept. of Labor
P.O. Box 11329
3600 Forest Dr.
Columbia, SC 29211
(803) 734-9594
Tennessee Dept. of Labor
501 Union Bldg, 2nd Fl., S. "A"
Nashville, TN 37243
(615) 741-2582
Utah Occupational Safety and Health
160 E. 300 South
P.O. Box 5800
Salt Lake City, UT 84110
(801) 530-6900
Vermont Dept. of Labor and Industry
120 State St.
Montpelier, VT 05620
(802) 828-2288
Virgin Islands Dept. of Labor
2131 Hospital St.
Christiansted, St Croix VI 00840
(809) 773-1994
Virginia Dept. of Labor and Industry
Powers-Taylor Bldg.
13 S. 13th St.
Richmond, VA 23219
(804) 786-2376
Washington Dept. of Labor and Industries
P.O. Box 44001
Olympia, WA 98504
(206) 956-4200
Wyoming Dept. of Employment
Occupational Health and Safety Administration
Herschler Bldg, 2nd Fl. East
122 West 25th St
Cheyenne, WY 82002
(307) 777-7672
Regional OSHA Offices
Region I (CT**, MA, ME, NH, RI, VT*)
133 Portland St., 1st Fl.
Boston, MA 02114
(617) 565-7164
Region II (NJ, NY**, PR*, VI*)
201 Varick St., Room 670
New York, NY 10014
(212) 337-2378
Region III (DC, DE, MD*, PA, VA*, WV)
3535 Market St., S. 2100
Philadelphia, PA 19104
(215) 596-1201
Region IV (AL, FL, GA, KY*, MS, NC*, SC*, TN*)
1375 Peachtree St., N.E., Room 587
Atlanta, GA 30367
(404) 347-3573
Region V (IL, IN*, MI*, MN*, OH, WI)
230 S. Dearborn St., Room 3244
Chicago, IL 60604
(312) 353-2220
Region VI (AR, LA, NM*, OK, TX)
525 Griffin St, Room 602
Dallas, TX 75202
(214) 767-4731
Region VII (IA*, KS, MO, NE)
911 Walnut St., Room 406
Kansas City, MO 64106
(816) 426-5861
Region VIII (CO, MT, ND, SD, UT*, WY*)
1961 Stout St., Room 1576
Denver, CO 80294
(303) 844-3061
Region IX (American Samoa, AZ*, CA*, Guam, HI*, NV*, Pacific Trust
Territories)
71 Stevenson St., 4th Flr.
San Francisco, CA 94105
(415) 744-6670
Region X (AK*, ID, OR*, WA*)
1111 Third Ave., Room 715
Seattle, WA 98101-3212
(206) 553-5930
*State operates an OSHA-approved program in both the public and
private sectors.
**State operates a public employee-only program (NY & CT).
Office of Labor-Management Standards
OLMS
S. 600
1365 Peachtree St., NE
Atlanta, GA 30367
(404) 347-4237
OLMS
S. 302
121 High St.
Boston, MA 02110
(617) 565-8130
OLMS
S. 774
Federal Office Building
230 S. Dearborn St.
Chicago, IL 60604
(312) 353-7264
OLMS
S. 831
Federal Office Building
1240 East 9th St.
Cleveland, OH 44199
(216) 522-3855
OLMS
S. 300
525 Griffin Square Bldg.
Griffin and Young Streets
Dallas, TX 75202
(214) 767-6834
OLMS
S. 1606
Federal Office Building
Kansas City, MO 64106
(816) 426-2547
OLMS
S. 878
201 Varick St.
New York, NY 10014
(212) 337-2580
OLMS
S. 9452
William Green Federal Building
600 Arch St.
Philadelphia, PA 19106
(215) 597-4960
OLMS
S. 725
71 Stevenson St.
San Francisco, CA 94105
(415) 744-6669
OLMS
S. 558
Ridell Building
1730 K St., N.W.
Washington, DC 20006
(202) 254-6510
Veterans Employment and Training Service
MONTGOMERY, ALABAMA 36130
649 Monroe St.
(205) 223-7677
JUNEAU, ALASKA 99802
1111 West 8th St.
(907) 465-2723
PHOENIX, ARIZONA 85005
1300 West Washington
(602) 261-4961
LITTLE ROCK, ARKANSAS 72201
Employment Security Bldg.
State Capitol Mall, Rm. G-12
(501) 682-3786
SACRAMENTO, CALIFORNIA 94280
P. O. Box 942880
800 Capitol Mall, Room W1142
(916) 654-8178
SAN FRANCISCO, CALIFORNIA 94105
71 Stevenson St., S. 705
(415) 744-6677
DENVER, COLORADO 80203
600 Grant St., S. 900
(303) 866-1114
WETHERSFIELD, CONNECTICUT 06109
CT Department of Labor Building
200 Folly Brook Boulevard
(203) 566-3326
NEWARK, DELAWARE 19702
Stockton Building, Room 104
100 Chapman Rd.
(302) 368-6898
WASHINGTON, D.C. 20001
500 C St., N.W., Room 108
(202) 727-3342
TALLAHASSEE, FLORIDA 32399
S. 102, Atkins Building
1320 Executive Center Dr.
(904) 488-2967
ATLANTA, GEORGIA 30303
Sussex Place, S. 504
148 International Blvd, N.E.
(404) 656-3127
HONOLULU, HAWAII 96813
830 Punchbowl St.
Room 232A
(808) 541-1780
BOISE, IDAHO 83735
317 Main St., Room 303
(208) 334-6164 or 6163
CHICAGO, ILLINOIS 60605
401 South State St., 2 North
(312) 793-3433
INDIANAPOLIS, INDIANA 46204
10 North Senate Ave., Room 203
(317) 232-6804
DES MOINES, IOWA 50319
1000 East Grand Ave.
(515) 281-5106
TOPEKA, KANSAS 66612
1309 Topeka Boulevard
(913) 296-5032
FRANKFORT, KENTUCKY 40621
c/o Department for Employment Services
275 East Main St.
(502) 564-7062
BATON ROUGE, LOUISIANA 70804
Louisiana DOL
Employment Security Bldg.
Room 174, 1001 N. 23rd St.
(504) 342-5691
LEWISTON, MAINE 04243
522 Lisbon St.
(207) 783-5352
BALTIMORE, MARYLAND 21201
1100 North Eutaw St.
Room 205
(410) 333-5194
BOSTON, MASSACHUSETTS 02203
Room 506, JFK Federal Building
(617) 565-2081
DETROIT, MICHIGAN 48202
7310 Woodward Ave.
S. 407
(313) 876-5613, 5614, or 5615
ST. PAUL, MINNESOTA 55101
390 North Robert, 1st Fl.
(612) 296-3665
JACKSON, MISSISSIPPI 39215
1520 West Capitol St.
(601) 961-7588
JEFFERSON CITY, MISSOURI 65104
421 East Dunklin St.
(314) 751-9231
HELENA, MONTANA 59624
515 North Sanders
(406) 449-5431
LINCOLN, NEBRASKA 68509
550 South 16th St.
(402) 437-5289
CARSON CITY, NEVADA 89710
500 East Third St.
(702) 885-4632
CONCORD, NEW HAMPSHIRE 03301
55 Pleasant St., Room 325
(603) 225-1424 or 235-1425
TRENTON, NEW JERSEY 08609
28 Yard Ave., Room 200
(609) 292-2930
ALBUQUERQUE, NEW MEXICO 87108
1st National Bank Building, East
5301 Central, N.E., Room 1214
(505) 841-4592
ALBANY, NEW YORK 12240
Harriman State Campus
Building 12, Room 518
(518) 457-7465
RALEIGH, NORTH CAROLINA 27605
700 Wade Ave.
(919) 733-7402
BISMARCK, NORTH DAKOTA 58501
1000 Divide Ave.
(701) 224-2865
CLEVELAND, OHIO 44115
2728 Euclid Ave., 2nd Fl.
(216) 622-3084
COLUMBUS, OHIO 43216
OBES Building
145 South Front St.
(614) 466-2768
OKLAHOMA CITY, OKLAHOMA 73105
Will Rogers Memorial Office Building, Room 301
(405) 557-7189
SALEM, OREGON 97311
312 Employment Division Building
875 Union St., N.E.
(503) 378-3338
HARRISBURG, PENNSYLVANIA 17121
Labor and Industry Building
Room 625
Seventh and Forster Streets
(717) 787-5834
HATO REY, PUERTO RICO 00918
Puerto Rico Department of Labor and Human Resources Building
505 Munoz Rivera Ave.
15th Fl.
(809) 754-5391
PROVIDENCE, RHODE ISLAND 02903
507 Federal Building and Courthouse
(401) 528-5134
COLUMBIA, SOUTH CAROLINA 29201
914 Richland St., S. 101
(803) 253-7649
ABERDEEN, SOUTH DAKOTA 57402
420 South Roosevelt
P. O. Box 4730
(605) 226-7289
NASHVILLE, TENNESSEE 37201
301 James Robertson Parkway
Room 317
(615) 741-2135
AUSTIN, TEXAS 78701
TEC Building, Room 516-B
Trinity and 12th St.
(512) 463-2207
SALT LAKE CITY, UTAH 84111
140 E. 300 South
(801) 524-5703 or 524-5704
MONTPELIER, VERMONT 05602
Post Office Building
87 State St., Room 303
(802) 828-4441 or 828-4437
RICHMOND, VIRGINIA 23219
701 East Franklin St., S. 1409
(804) 786-7269
LACEY, WASHINGTON 98503
605 Woodview Dr., S.E.
(206) 438-4600
CHARLESTON, WEST VIRGINIA 25305
112 California Ave., Room 212
Capitol Complex
(304) 348-4001 or 347-5290
MADISON, WISCONSIN 53701
GEF I, 201 E. Washington Ave.
Room 250
(608) 266-3110
CASPER, WYOMING 82602
100 West Midwest Ave.
(307) 235-3281 or 235-3282
Mine Safety and Health Administration
Coal Mining
MSHA District 1 Office
Penn Place
20 N. Pennsylvania Ave.
Wilkes-Barre, PA 18701.
(717) 826-6321
MSHA District 2 Office
R.R. 1, Box 736
Hunker, PA 15639
(412) 925-5150
MSHA District 5 Office
P.O. Box 560
Norton, VA 24273
(703) 679-0230
MSHA District 8 Office
501 Busseron St.
Vincennes, IN 47591
(812) 882-7617
MSHA District 3 Office
5012 Mountaineer Mall
Morgantown, WV 26505
(304) 291-4277
MSHA District 4 Office
100 Bluestone Rd.
Mt. Hope, WV 25880
(304) 877-3900
MSHA District 6 Office
219 Ratliff Creek Rd.
Pikeville, KY 41501
(606) 432-0943
MSHA District 7 Office
HC 66, Box 1762
Barbourville, KY 40906
(606) 546-5123
MSHA District 10 Office
100 YMCA Dr.
Madisonville, KY 42431
(502) 821-4180
MSHA District 9 Office
P.O. Box 25367
Denver, CO 80225
(303) 231-5468
Metal and Nonmetal Mining
MSHA Northeastern District Office
230 Executive Dr.
Mars, PA 16046
(412) 772-2333
MSHA Southeastern District Office
35 Gemini Circle, S. 212
Birmingham, AL 35209
(205) 290-7294
MSHA North Central District Office
515 W. First St.
No. 228
Duluth, MN 55802
(218) 720-5448
MSHA South Central District Office
1100 Commerce St., Room 4650
Dallas, TX 75242
(214) 767-8401
MSHA Rocky Mountain District Office
P.O. Box 25367
Denver, CO 80225
(303) 231-5465
MSHA Western District Office
3333 Vaca Valley Parkway, S. 600
Vacaville, CA 95688
(707) 447-9844
Longshore and Harbor Workers
OWCP/DLHWC
U.S. Department of Labor, ESA
Room C-4315
200 Constitution Ave., N.W.
Washington, D.C. 20210
(202) 219-8572
District NO. 1 (MA, ME, NH, VT, RI, and CT)
OWCP/DLHWC
U.S. Department of Labor, ESA
One Congress St., 11th Fl.
Boston, MA 02114
(617) 565-2103
District NO. 2 (NY, NJ, and Puerto Rico)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 249
201 Varick St., Room 750
New York, NY 10014
(212) 337-2033
District NO. 3 (PA, DE, and WV)
OWCP,DLHWC
U.S. Department of Labor, ESA
P.O. Box 7336
Gateway Building, Room 13180
3535 Market St.
Philadelphia, PA 19104
(215) 596-5570
District NO. 7 (LA and AR)
OWCP/DLHWC
U.S. Department of Labor, ESA
Room 13032
701 Loyola Ave.
New Orleans, LA 70113
(504) 589-3664
District NO. 8 (TX, OK, and NM)
OWCP/DLHWC
U.S. Department of Labor, ESA
One South Green Building, Room 105
12600 N. Featherwood Dr.
Houston, TX 77034
(713) 481-9750
District No. 10 (IL, IN, IA, KS, MI, MN, MO, NE, OH, and WI)
OWCP/DLHWC
U.S. Department of Labor, ESA
Room 800
230 South Dearborn St.
Chicago, IL 60604
(312) 353-8883
District NO. 18 (That part of the State of California south of the
northern boundaries of the counties of San Luis Obispo, Kern, and
San Bernardino)
OWCP/DLHWC
U.S. Department of Labor, ESA
S. 720
401 E. Ocean Boulevard
Long Beach, CA 90802
(213) 514-6226
District NO. 40 (Processes cases under the District of Columbia
Workmen's Compensation Act of 1928)
Labor Standards
D.C. Department of Employment Services
1200 Upshur St., N.W.
Washington, DC 20011
(202) 576-6265
District NO. 4 (MD and DC)
OWCP/DLHWC
U.S. Department of Labor, ESA
Federal Building, Room 1026
31 Hopkins Plaza
Baltimore, MD 21201
(410) 962-3677
District NO. 5 (VA)
OWCP/DLHWC
U.S. Department of Labor, ESA
Federal Building, Room 212
200 Granby Mall
Norfolk, VA 23510
(804) 441-3071
District NO. 6 (FL, NC, KY, TN, SC, GA, AL, and MS)
OWCP/DLHWC
U.S. Department of Labor, ESA
Edward Ball Building, Fl. 10
214 Hogan St.
Jacksonville, FL 32202
(904) 791-2881
District No. 13 (AZ NV, and that part of the State of California
north of the northern boundaries of the counties of San Luis
Obispo, Kern, and San Bernardino)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 3770
71 Stevenson St., Room 210
San Francisco, CA 94119
(415) 744-6869
District NO. 14 (AK, CO, ID, MT, ND, SD, OR, UT, WA, and WY)
OWCP/DLHWC
U.S. Department of Labor, ESA
1111 3rd. Ave., S. 620
Seattle, WA 98101
(206) 442-4471
Dallas Office
OWCP
U.S. Department of Labor, ESA
Griffin Square Building, Room 407
525 Griffin Square
Dallas, TX 75202
(214) 767-4712
District NO. 15 (Hawaii)
OWCP/DLHWC
U.S. Department of Labor, ESA
P.O. Box 50209, Room 5108
300 Ala Moana Boulevard
Honolulu, HI 96850
(808) 551-1983

