| 1
- 14 EMPLOYEES |
Fair
Labor Standards
Act (FLSA) (1938)
|
Regulates the status of employees (versus
independent contractors) and provides for a minimum wage and overtime
unless the employee meets an exempt classification. |
| Immigration
Reform & Control Act (IRCA) (1986) |
Requires that new employees provide
specific documents to employers showing that they are who they claim
to be and that they have a legal right to work in the United States.
(I-9 forms) |
| Employee
Polygraph Protection Act (1988) |
Prohibits employers from requiring pre-employment
polygraph examinations. |
| Uniformed
Services Employment & Re-employment Rights Act (1994)
|
Prohibits discrimination against military
service members because of past, current, or future military service.
Protects military service workers‚ employment rights and benefits
of employment. |
| Equal
Pay Act (1963) |
Prohibits wage discrimination by requiring
equal pay for equal work of the same skills, effort, and responsibilities.
|
| Consumer
Credits Protection Act (1968) |
Sets a national maximum limit on the
amount of an employee‚s wages that can be withheld to satisfy wage
garnishment. |
| National
Labor Relations Act (NLRA) (Wagner Act) (1935) |
Prohibits employers from certain unfair
labor practices. Primary responsibility for enforcement rests on the
National Labor Relations Board. |
| Labor-Management
Relations Act (Taft-Hartley) (1947) |
Protects management rights by prohibiting
certain unfair labor practices by unions. |
| Employee
Retirement Income Security Act (ERISA) (if offer benefits) (1974)
|
Establishes standards and requirements
for the administration of employee benefit and welfare plans, to ensure
employees will actually receive monies they set aside for a pension
plan. The act also covers part-time employees working 1,000 hours a
year. |
| Uniform
Guidelines of Employee Selection Procedures (1978) |
Prohibits selection polices and practices
from having an adverse impact on the employment opportunities for any
race, sex, or ethnic group unless it is a business necessity.
|
| Federal
Insurance Contribution‚s Act (FICA) (1935)
|
A federal payroll tax imposed on both
employees and employers to fund Social Security and Medicare, which
provides benefits to retirees, disabled, and children of deceased workers.
|
| Occupational
Safety & Health Act (OSHA) (1970) |
Mandates compliance with federal health
& safety standards. Employers with fewer than 10 employees are exempt
from certain reporting requirements. |
| 15
- 19 EMPLOYEES - ADD |
| Title
VII, Civil Rights Act (1964) (1991) |
Prohibits the discrimination in all
terms and conditions of employment (including pay and benefits) on the
basis of race, religion, ethnic group, sex, national origin, or disability.
|
| Title
I, Americans with Disabilities Act (1990) |
Protects qualified individuals with
disabilities from unlawful discrimination in employment. Discrimination
is prohibited if the individual can do the essential job functions.
An employer must make reasonable accommodations for such individuals
unless doing so would place an undue hardship on the employer.
|
| Pregnancy
Discrimination Act (1978) |
Protects pregnant employees from being
forced to resign or take a leave of absence. |
| Fair
Credit Reporting Act (FCRA) (1970) |
Defines employees' and potential employees'
rights regarding employers using information obtained by reports compiled
by third party credit reporting agencies as the basis for employment
decisions. |
| Fair
and Accurate Credit Transactions Act (FACTA) (2003) |
A federal law that requires employers
to take reasonable measures to reduce the risk of identity theft and
other harm to their employees, resulting from the employer's failure
to properly dispose of confidential records. |
| 20
- 49 EMPLOYEES - ADD |
| Age Discrimination
in Employment Act (ADEA) (1967) |
Prohibits discrimination in employment
for persons 40 and over. Prohibits mandatory retirement ages.
|
| Consolidated
Omnibus Budget Reconciliation Act (COBRA) (1985) |
Requires employers to permit employees
to extend their health insurance coverage at group rates for up to 36
months following a qualifying event. |
| GREATER
THAN 49 EMPLOYEES - ADD |
| Family
Medical Leave Act (FMLA) (1993) |
Provides that employees who have worked
at least 12 months and at least 1,250 hours in the previous 12 months
are eligible to take up to 12 weeks leave during any 12 month period
for the purposes of: birth, adoption, or foster care of a child; caring
for a spouse, child, or parent who has a serious health condition; or
serious health condition of employee. Additionally, the National Defense
Authorization Act of 2008 amends FMLA to allow a spouse, parent, son,
daughter or next of kin up to 26 weeks to care for a member of the armed
services suffering injuries or illness sustained while on active duty.
Allows 12 weeks unpaid leave for a "qualifying exigency" for
a son, daughter, parent or spouse on active duty. |
(Federal
Contractors)
EEO-1 Report filed annually with EEOC |
Requires federal contractors, with contracts
valued at > $50,000, to submit a list of the number of employees
by race and sex for each EEO job category. |
| GREATER
THAN 99 EMPLOYEES - ADD |
| Worker
Adjustment & Retraining Notification Act (WARN) (1989)
|
Requires employers to give notice of
plant closings or layoffs. |
| EEO-1
Report filed annually with EEOC if not a federal contractor
|
Requires employers to submit a list
of the number of employees by race and sex for each EEO job category.
|
| FEDERAL
CONTRACTORS |
(Federal
Contractors)
Executive Orders 11246 (1965), 11375 (1967),
11478 (1969) |
Prohibits federal contractors, with
contracts valued at > $10,000, from discrimination on the basis of
race, color, religion, sex, or national origin. In addition, the federal
contractor must develop a written affirmative action plan, based upon
the stipulations of each Executive Order. |
(Federal
Contractors)
Vocational Rehabilitation Act (1971)
|
Prohibits federal contractors, with
contracts valued at > $10,000, from discriminating against people
with physical or mental disabilities by requiring the contractor to
take affirmative action in employing and advancing disabled individuals.
|
(Federal
Contractors)
Drug Free Workplace Act (1988) |
Requires some federal contractors to
have a written drug-use policies and follow certain requirements to
certify that they maintain a drug-free workplace. |
(Federal
Contractors)
Vietnam-Era Veterans Adjustment Act (1974) |
Requires federal contractors, with contracts
valued at > $25,000, to take affirmative action in hiring and promoting
of Vietnam-era veterans, special disabled veterans, and veterans who
served on active duty during a war or in a campaign or expedition for
which a campaign badge has been authorized. All job opportunities must
be registered with local employment services. |
(Federal
Contractors)
Davis Bacon Act (1931) |
Requires federal contractors, with contracts
valued at > $2,000, performing construction, alteration, repair,
painting or decoration on public buildings or public works to pay minimum
wage rates for similar jobs in the community. |
(Federal
Contractors)
Copeland Act (1934) |
Precludes federal contractors from inducing
an employee to give up any part of compensation they are entitled (anti-kickback).
|
| McNamara-O'Hara
Service Contract Act
|
Requires federal contractors, with contracts
valued at > $2,500, performing service, using service employees for
the United States, to pay minimum wage rates for similar jobs in the
community. |
(Federal
Contractors)
Walsh-Healy Act (1936) |
Requires federal contractors, with contracts
valued at > $10,000, to pay wages equal to the area including minimum
wage and overtime. |
