
The information below is a list of employment laws that may impact your organization, broken down by the number of individuals you employ. Each law includes a brief explanation with the option to link to a website that will provide more details.
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1 - 14 EMPLOYEES |
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| 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. |
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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) |
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Prohibits employers from requiring pre-employment polygraph examinations. |
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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. |
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Prohibits wage discrimination by requiring equal pay for equal work of the same skills, effort, and responsibilities. |
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Sets a national maximum limit on the amount of an employee‚s wages that can be withheld to satisfy wage garnishment. |
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Prohibits employers from certain unfair labor practices. Primary responsibility for enforcement rests on the National Labor Relations Board. |
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Protects management rights by prohibiting certain unfair labor practices by unions. |
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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. |
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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. |
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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. |
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Mandates compliance with federal health & safety standards. Employers with fewer than 10 employees are exempt from certain reporting requirements. |
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15 - 19 EMPLOYEES - ADD |
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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. |
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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. |
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Protects pregnant employees from being forced to resign or take a leave of absence. |
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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. |
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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. |
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20 - 49 EMPLOYEES - ADD |
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Prohibits discrimination in employment for persons 40 and over. Prohibits mandatory retirement ages. |
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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. |
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GREATER THAN 49 EMPLOYEES - ADD |
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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. |
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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. |
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GREATER THAN 99 EMPLOYEES - ADD |
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Worker Adjustment & Retraining Notification Act (WARN) (1989) |
Requires employers to give notice of plant closings or layoffs. |
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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. |
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FEDERAL CONTRACTORS |
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(Federal Contractors) |
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. |
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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. |
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Requires some federal contractors to have a written drug-use policies and follow certain requirements to certify that they maintain a drug-free workplace. |
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(Federal Contractors) |
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. |
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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. |
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Precludes federal contractors from inducing an employee to give up any part of compensation they are entitled (anti-kickback). |
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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. |
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Requires federal contractors, with contracts valued at > $10,000, to pay wages equal to the area including minimum wage and overtime. |
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This list representa a summary of some of the key federal laws that impact human resources. It is not an exhaustive list of all legislation, nor does it detail the exact requirements of each law. It is intended to provide information only.
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