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Department of Labor– New
“GAO’s (Government Accountability Office) overall assessment of the WHD (Department of Labor Wage and Hour Division) complaint intake, conciliation, and investigation processes found an ineffective system that discourages wage theft complaints. With respect to conciliations, GAO found that WHD does not fully investigate these types of complaints or compel employers to pay. In addition, a WHD policy instructed many offices not to record unsuccessful conciliations in its database, making WHD appear better at resolving conciliations than it actually is. WHD’s investigations were frequently delayed by months or years, but once complaints were recorded in WHD’s database and assigned as a case to an investigator, they were often adequately investigated.”– GAO Report 5/9/2009[1]
“With a 50% success rate using the Department of Labor’s own performance reports and with official reports like the GAO’s report, it is obvious the Department of Labor has serious problems managing nearly $60B of American taxpayer’s money. The taxpayers deserve 100% effective use of their money more than the need to finance a failed organization. Government’s attempt to mandate labor rules and laws only increase the burden on businesses. The creation of laws is the responsibility of the Congress. The responsibility to enforce those laws falls to the Department of Justice.
– Bryant Delaney, DOI2.com
This is a summary (yes a long page summary) of the thousands of pages the Department of Labor provides to the public as a review and report card of their performance. The details can be found in a soon to be published book – “FAKE THE NATION” – The Peoples Last Stand.
The federal government reports 80% of federal program are performing when the data represents only 7% of the programs have reported current data and 60% of all programs haven’t reported any results in at least 3 years.
Every agency creates their own programs and provides an annual report of the results of each program. The Government Accountability Office (GAO) sets the parameters for these reports and claims 80% of all government programs are on target. If a private business only reported 7% accurate data, their leaders would be in jail. What about the leaders of the biggest business in America? Shouldn’t they be held accountable to the same rules and principles as private business?
“Fake the Nation” developed out of the frustration of seeing taxes increase year after year with no end in sight. The turning point for writing this book was when the federal government started running private businesses.
For the past 200 years, government has passed more and more rules on business creating a monster with 3 heads that affects every American. First, compliance with the rules and regulations is a cost that businesses pass on to the purchasers of their products. Second, the balance of international trade has regulated many businesses out of business. Third, the laws of Government have created a false sense of security creating the mentality that the Government is watching for bad business practices protecting American’s from corrupt business executives.
We define these basic principles in detail. But unlike most essays on the failure of government, Fake the Nation goes the extra mile to demonstrate proven business practices that will make the government operate efficiently.
To support American we do not need bigger government. We need leadership. It’s been said that “experience equals knowledge, the application of knowledge equals wisdom”. It is impossible to attain wisdom in a vacuum. If our leaders to not have the breadth and depth of experience they cannot apply their experiences to become wise.
The two party political system perpetuates the waste of American tax payer dollars. Fake the Nation tracks of $111 TRILLION of waste created because the federal government leadership doesn’t understand business – yet they now run the financial and automotive industries in America.
Fake the Nation provides proof of the problems and solutions to control the expenses of the federal government through 3 simple principles:
- The federal government has no obligation to provide any service that can be provided by private business and/or state and local government. The federal government’s responsibility is only applied where the services would be duplicated by the majority of the states or where the services are for the protection on one state from the actions of another state.
- State responsibilities only apply when the services offered by the State benefit all local level governments. State governments will not regulate any aspect of private business except to protect the rights of all citizens within the state.
- Local governments shall have the responsibility to set the rules and laws for the citizens of their community. No state or federal law, rule or regulation shall dictate to the local governments except where the rules, laws or regulations adversely affect the lives of citizens within other local governments. This is not to be extended to include civil rights, only criminal activities
This can only be accomplished when the American people stop adopting the platforms of political parties and mandate politicians adopt the Peoples Platform. We the People decide the agenda politicians enact the vision of the American people.
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Department of Labor– Current
Mission
The Department of Labor fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers’ rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support.
· $15B Budget
· 16,000 Employees
Score
· 8%
Score Summary
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Score Detail
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Strategic Goal 1 – $3,872
A Prepared Workforce
Develop a prepared workforce by providing effective training and support services to new and incumbent workers and supplying high‐quality information on the economy and labor market.
America’s engine of prosperity is its skilled workforce. The Department provides comprehensive training programs that focus on specific occupational skills while taking into account job seekers’ circumstances. DOL also produces labor statistics that help individuals and businesses better understand the job market and economy. Agencies and offices supporting this goal are:
· Bureau of Labor Statistics
· Veterans’ Employment and Training Service
· Office of Job Corps • Women’s Bureau
· Employment and Training Administration
· Center for Faith‐Based and Community Initiatives
Bureau of Labor Statistics -DOL Goal 07‐1A
Timely, Accurate, and Relevant Economic Information BLS evaluates economic and statistical methodologies; technologies; and, survey design, collection, and dissemination approaches. The agency uses new developments to deliver data in a timely and useful manner, while maintaining cost effectiveness, to meet DOL goals and provide quality service. BLS reached four of its six performance indicators, missing its labor force statistics and productivity and technology indicators by six and 29 percentage points, respectively. The labor force statistics target was missed due to a systems error which caused a few minutes delay in data release and fewer series of data released than planned. BLS missed its productivity and technology target because a text correction delayed a data release and the discontinuation of 32 measures for four manufacturing industries.
Job Corps – DOL Goal 07‐1B:
Increase Placements and Educational Attainments of Youth Job Corps is an educational and vocational training program (primarily residential) for economically disadvantaged youth ages 16 through 24 who often face multiple barriers to employment. This program provides career counseling, technical skills and academic training, social education, and other support services, such as housing, transportation, and family support resources to more than 60,000 individuals at 122 centers nationwide. Performance for Job Corps this year was significantly below the targeted outcomes for all three indicators. Placement of Job Corps graduates and former enrollees in employment, the military or post‐secondary education mirrored the national employment picture and declined in PY 2007. Job Corps attributes the decline in certificate attainment to more stringent documentation and certification requirements and it attributes the decline in skill attainment, in part, to the shift from paper/pencil to the online version of the Test for Adult Basic Education. Job Corps expects Program Year (PY) 2008 results to continue the downward trend, although the changes are expected to be small. To improve placement performance, Job Corps is strengthening its post‐center support. To improve skill training, Job Corps is implementing the New Vision approach, which focuses on applied academics and is expected to continue impacting students’ learning gains.
Veterans’ Employment Programs – DOL Goal 07‐1E
Help Veterans Get and Keep Jobs Jobs for Veterans State grants support nationwide delivery of employment services to veterans and transitioning service members by disabled veterans’ outreach specialists and local employment representatives stationed at One‐Stop Career Centers. The Homeless Veterans’ Reintegration Program (HVRP), a competitive grant program, emphasizes stable employment as a critical factor in mitigating homelessness among veterans. Program participants are served by community‐based grantees that provide pre‐employment services, establish linkages with service providers funded by other Federal agencies, and rely on the specialists to help them find employment once they are job‐ready. The achievement of this goal for PY 2007 is based on the four indicators for One‐Stop services. Based on the annual results for the One Stop services, the goal was achieved this year. The annual results for the HVRP were not available for inclusion in this report, but will be included in future reports. The December 19, 2008 final rule on priority of service for veterans in DOL‐funded employment and training programs is likely to enhance the delivery of veterans’ employment services, leading to an improvement in employment outcomes for all veterans. VETS is expanding its assistance to disabled veterans by increasing the number of outreach staff at major medical installations and implementing a joint initiative with the Department of Defense to increase the participation rate of transitioning service members in employment workshops.
Strategic Goal 2: – $4,503
A Competitive Workforce
Meet the competitive labor demands of the worldwide economy by enhancing the effectiveness and efficiency of the workforce development and regulatory systems that assist workers and employers in meeting the challenges of global competition.
To succeed in the 21st century, America must be prepared to adapt to changes in the global economy. Success depends on a workforce that meets employers’ needs for new and skilled workers. Through partnerships with State and local workforce agencies, business and industry, education and training providers, faith‐based and community organizations, and economic development agencies, DOL makes strategic investments in job training and increases the accessibility and quality of information that helps match workers with employers. Agencies and offices supporting this goal are:
· Employment and Training Administration
· Office of the Assistant Secretary for Policy
· Office of Disability Employment Policy
· Bureau of International Labor Affairs
WIA Adult – DOL Goal 07‐2A
Increase Employment, Retention and Earnings for Qualified Adults The WIA Adult Program helps workers (unemployed and employed) acquire the skills they need to compete in a global economy. Funds are distributed by formula to States and local Workforce Investment Boards to operate networks of One‐Stop Career Centers that provide comprehensive services to workers and employers such as individual career planning, occupational skills training, on‐the‐job training, skills upgrading, entrepreneurial training, and adult literacy activities. This year, DOL reached two of the program’s three performance indicator targets. The entered employment rate was one percentage point below the target due to the co‐enrollment of a significant number of participants in both the WIA Adult and Wagner‐Peyser Act employment services, a program with traditionally lower measured outcomes. DOL will improve its services by strengthening strategic partnerships with business, industry and education communities and by encouraging entrepreneurial training and lifelong earning as important tools in supporting regional economies.
WIA Dislocated Worker – DOL Goal 07‐2B
(Assist Dislocated Workers) This program aims to quickly reemploy laid‐off workers and to enhance their employability and earnings by increasing occupational skills. DOL allocates 80 percent of funds by formula to the states. The Secretary of Labor may use the remaining funds for discretionary activities specified under WIA, including assistance to localities that suffer plant closings, mass layoffs, military base realignment and closures, and natural disasters. Services include occupational skills training, on‐the‐job training, skills upgrading, entrepreneurial training, job readiness training, adult literacy activities, and customized training for employers who commit to hiring individuals enrolled in the program. The entered employment rate missed the target by six percentage points and the employment retention rate missed the target by two percentage points. The drop in the entered employment rate reflects the impact of the co‐enrollment strategies mentioned above for WIA Adult (Goal 06‐2A) on measured performance. DOL is developing strategies for a regional approach to workforce development to maximize results.
One‐Stop Employment Services – DOL Goal 07‐2C
Improve Employment Outcomes for One‐Stop System Users. Principally funded through the Wagner‐Peyser Act, as amended by the WIA of 1998, One‐Stop Career Centers deliver core employment and workforce information services to nearly 16 million individuals per year. Core services include job matching, referral, assessments, and a wide array of workforce and labor market information and career guidance. One‐ Stop Career Centers also provide customized services to clients with unique needs, such as veterans and migrant and seasonal farm workers. The performance goal was achieved – all three indicator results reached targets and improved upon PY 2006 performance. Overall, these results show how the system has been successful in matching individuals seeking employment with employers needing their skills. Additionally, DOL has observed more Employment Service participants co‐enrolled with WIA programs, which provides individuals with access to additional core services, and in some cases, access to intensive training service
Strategic Goal 3: – $1,415
Safe and Secure Workplaces
Promote workplaces that are safe, healthful and fair; guarantee workers receive the wages due them; foster equal opportunity in employment; and protect veterans’ employment and reemployment rights.
All workers are entitled to safe, healthful, and fair workplaces – and several DOL agencies are dedicated to achieving this goal. These agencies provide critical services to the American worker by ensuring employers comply with major employment laws that promote practices that minimize safety and health hazards, protect employees’ wages, provide equal opportunity to workers, and support veterans returning to the civilian workplace.
· Occupational Safety and Health Administration
· Employment Standards Administration
· Mine Safety and Health Administration
· Veterans’ Employment and Training Service
Occupational Safety and Health – DOL Goal 07‐3A
Reduce Workplace Injuries and Illnesses. OSHA promotes employee safety and health by working with employers and employees to create safer working environments. Outreach, education, and compliance assistance complement enforcement and enable OSHA to play a vital role in preventing on‐the‐job injuries, illnesses and fatalities. The majority of working Americans fall under the jurisdiction of OSHA or OSHA‐approved job safety and health programs operated by the States, with the exception of miners, transportation workers, domestic workers, some public employees, and the self‐employed. OSHA helps to reduce on‐the‐job deaths and injuries by intervening – through compliance assistance and enforcement strategies – at workplaces where occupational safety and health hazards are more likely to be present and by responding to reports about serious workplace hazards. OSHA achieved its goal by reaching both indicator targets: to reduce the cases of days away from work due to injuries, job restrictions or job transfers and to reduce the workplace fatality rate. In the future, OSHA will use data analysis from the new OSHA Information System database to better target where injuries and illnesses are occurring and to build its operating plans around these areas.
Mine Safety and Health – DOL Goal 07‐3B
(Reduce Mine Fatalities and Injuries. MSHA’s mission is to protect the safety and health of the nation’s miners under provisions of the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended by the Mine Improvement and New Emergency Response Act of 2006 (MINER Act). While mining deaths and injuries have significantly declined over the past 30 years, there were 67 fatalities reported last year; the current fatality and injury numbers (and frequency rates) remain unacceptable. In FY 2008, MSHA implemented its 100 Percent Inspection Plan and completed every required inspection at every mine throughout the country. MSHA substantially achieved its performance goal, reaching four of six indicator targets, and substantially reached (improved performance) its silica dust sample indicator target. MSHA did not reach its targeted reduction of noise exposure in coal mines due to increased coal production (newer mines can lack adequate noise controls) and more difficult mining processes that generate noise at higher levels. In addition to the 100 Percent Inspection Plan, MSHA improved the quality of inspections and inspector training, added enforcement personnel, implemented a new inspection tracking system, strengthened and updated its citation and penalty structure and aggressively pursued scofflaw mine operators. MSHA believes the increased presence of its enforcement staff at the job site has had – and will continue to have – a positive impact on mine safety and health.
Wage and Hour – DOL Goal 07‐3C
Protect Workers Wages. The ESA’s Wage and Hour Division’s (WHD) mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. Through WHD, DOL assures compliance with laws establishing minimum standards for wages and working conditions. These include the minimum wage, overtime, and youth employment provisions of the Fair Labor Standards Act, Migrant and Seasonal Agricultural Worker Protection Act, as well as Family and Medical Leave Act. WHD enforces field sanitation standards in agriculture and government contract prevailing wage statutes and administers the wage determination provisions of the Davis‐Bacon and Service Contract Acts. In FY 2008, WHD did not reach its established targets. Shifts in staffing and training in efficient investigation techniques contributed to the decrease in the average number of days to attain a resolution to a complaint. The result for 2007 for the number of workers assisted may have been inflated last year due to a single outlier case. Excluding the outlier case, WHD would have realized a three percent increase in 2008. Wage determination efficiency declined this year as regional offices sought to reduce an accumulated backlog of surveys during the development of a new automated system. This backlog will be eliminated by the end of calendar year 2008.
Additionally, the increase in resource intensive H‐1B complaint cases affected the result negatively. In response, WHD will integrate the findings of its low‐wage enforcement into its directed enforcement program. WHD’s FY 2009 performance plan maintains an agency‐wide focus on identifying and remedying violations that may arise from temporary contract work. Each district office will develop and refine strategies to ensure that complaint investigations are resolved in a timely manner. WHD anticipates that the number of immigrants participating in the workforce and the increase in temporary contract work arrangements will continue to challenge WHD’s efforts to affect compliance.
Strategic Goal 4: – $51,460
Strengthened Economic Protections
Protect and strengthen worker economic security through effective and efficient provision of unemployment insurance and workers’ compensation; ensuring union transparency; and securing pension and health benefits.
DOL increases the economic security of America’s working families by administering payment of temporary benefits for the unemployed, protecting Federal workers from the economic effects of work‐related injuries and illness, ensuring transparency in labor union operations, protecting employee benefits plans against fraud, abuse and mismanagement, and insuring defined benefit pension plan payments. These operations are carried out by three DOL agencies and a government corporation whose board is chaired by the Secretary of Labor:
· Employment and Training Administration
· Employee Benefits Security Administration
· Employment Standards Administration
· Pension Benefit Guaranty Corporation
Unemployment Insurance – DOL Goal 07‐4A
Pay Unemployment Insurance Claims Accurately and Promptly. By temporarily replacing part of unemployed workers’ lost wages, the Federal‐State Unemployment Insurance (UI) system reduces individual financial hardship due to unemployment. States operate their own benefit programs under their own laws, which must also conform to and substantially comply with Federal law. DOL provides program leadership, allocates administrative funds, provides technical assistance, and exercises oversight to ensure that State partners meet Federal UI laws and regulations. This year, UI did not reach three of its four performance targets. The decrease in performance is largely attributable to increased workloads and changes in the national unemployment rate. To improve their performance, UI will sponsor a conference for States to share best practices and will facilitate the design and implementation of a new system to better track when beneficiaries separate from their employment.
Workers’ Compensation – DOL Goal 07‐4B
Reduce the Consequences of Work‐related Injuries. ESA’s Office of Workers’ Compensation Programs (OWCP) protects workers, their dependents and survivors from the economic effects of work‐related injuries and illnesses by providing wage replacement and cash benefits, medical treatment, vocational rehabilitation and other benefits through four major disability compensation programs. OWCP activities emphasize the adjudication of claims and payment of benefits accurately and timely, efficient mediation of disputed claims, assistance with injury recovery and return to work, and assistance to employers with regulatory compliance and program administration. While DOL reached 10 of 11 indicator targets for this goal, DOL did not reach the target for reducing Black Lung medical costs due to a surge in costly inpatient billings in one quarter. The Black Lung program expects to achieve its target in the long term and will analyze the data to determine if additional strategies are needed to achieve the goal.
Union Disclosure – DOL Goal 07‐4C
Union Financial Integrity and Transparency. ESA’s Office of Labor‐Management Standards (OLMS) ensures union transparency, financial integrity, and democracy by administering and enforcing the Labor‐Management Reporting and Disclosure Act. The law requires public disclosure reporting, establishes standards for union officer elections, and imposes criminal sanctions for embezzlement of union funds. To implement these protections, OLMS conducts criminal and civil investigations and union audits, and administers the reporting and public disclosure program. OLMS did not achieve its goal, in part due to the increasing complexity of financial investigations. OLMS established baselines for three replacement performance measures to promote targeted program improvements and eliminate random audits used strictly for performance measurement.
Employee Benefit Security – DOL Goal 07‐4D
Provide for Secure Pension and Health Plans. EBSA is responsible for ensuring compliance with the Employee Retirement Income Security Act (ERISA). EBSA’s efforts are essential to maintaining the public’s trust and confidence in the employee benefits system. Through strong criminal and civil enforcement, compliance assistance and participant assistance, DOL helps protect workers’ and retirees’ benefits.
Budget
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Top 5 Programs by Budget
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Budget – All Programs
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Balance Sheet
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Organization Chart
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