In August 2014, by Memorandum OM 14-77, the National Labor relations Board (NLRB) notified its Regional Offices that NLRB agents should take an active role in notifying employees who file unfair labor practice charges of their rights and potential claims under the Fair Labor Standards Act (FLSA) and under the Occupation Safety and Health (OSH) Act. Occasionally, unfair labor practice investigations unearth information about employment practices and/or decisions that may trigger other potential statutory violations. If during an unfair labor practice investigation an NLRB agent learns of facts that suggest that an employer has violated the FLSA or the OSH Act, the agent has been instructed to advise the complaining employee (or witness) of his right to file charges with OSHA and/or the Wage and Hour Division, both of which are agencies within the U.S. Department of Labor (DOL).

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