Federal Labor Laws by Company Size

Federal Labor Laws

1-14 Employees:

Fair Labor Standards Act (FLSA)— Establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting employees in the private sector and in federal, state, and local governments

Immigration Reform & Control Act (IRCA) — Requires employers to collect information regarding an employee’s identity and employment eligibility and document that information on Form I-9

Employee Polygraph Protection Act (EPPA)— Prohibits employers from using polygraph tests, otherwise known as lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions

Uniformed Services Employment & Reemployment Rights Act (USERRA)— Prohibits employers from discriminating against potential employees based on military service, current military obligations, or intent to serve in the future. It also addresses health and pension plan coverage for service members

Equal Pay Act (EPA)— Requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law including allowances and benefits.

Consumer Credit Protection Act— Protects employees from discharge by their employers because their wages have been garnished for any one debt, and limits the amount of an employee’s earnings that may be garnished in any one week

National Labor Relations Act (NLRA) (Wagner Act)— Prohibits employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective-bargaining purposes, or engaging in protected concerted activities, or refraining from any such activity

Labor-Management Relations Act (Taft-Hartley Act)— Defines unfair labor practices by unions and regulates employer-union relations

Employee Retirement Income Security Act (ERISA)— Sets uniform minimum standards to ensure that employee benefit plans are established or maintained in a fair and financially sound manner. In addition, employers have an obligation to provide promised benefits and satisfy ERISA’s requirements for managing and administering private retirement and welfare plans.

Federal Insurance Contributions Act (FICA)— Imposes payroll taxes to provide benefits for retired workers and their dependents as well as for disabled workers and their dependents

Occupational Safety & Health Act (OSH Act)— Created the Occupational Safety and Health Administration (OSHA) and assigns OSHA two regulatory functions: setting standards and conducting inspections to ensure that employers are providing safe and healthful workplaces. Note: Employers with 10 or fewer employees and business establishments in certain industry classifications are partially exempt from keeping OSHA injury and illness records.

Health Insurance Portability and Accountability Act (HIPAA)— Provides rights and protections for participants and beneficiaries in group health plans, protections for coverage under group health plans that limit exclusions for preexisting conditions; prohibit discrimination based on health status; and allow a special opportunity to enroll in a new plan to individuals in certain circumstances. HIPAA may also give you a right to purchase individual coverage if you have no group health plan coverage available, and have exhausted COBRA or other continuation coverage.

Jury System Improvements Act— Prohibits employers from firing or taking certain other actions against an employee summoned to serve as a juror in any court of the United States

Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA)— Certain information on their newly hired employees must be reported to a designated state agency by their employers.

Fair Credit Reporting Act (FCRA)— Establishes the legal obligations of employers who use consumer reports, protects the privacy of consumer report information and guarantees the information supplied by consumer reporting agencies is as accurate as possible.

Fair and Accurate Credit Transactions Act (FACTA)— Requires companies to properly dispose of information in consumer reports and records to protect against unauthorized access to or use of the information

15+ EMPLOYEES ALSO NEED TO COMPLY WITH:

Title VII, Civil Rights Act (Title VII)— Prohibits discrimination based on race, color, religion, sex and national origin

Title I, Americans with Disabilities Act (ADA)— Prohibits employment discrimination against qualified individuals with disabilities and requires that employers reasonably accommodate known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee unless doing so would impose an undue hardship on the employer’s business

Pregnancy Discrimination Act— Prohibits discrimination based on pregnancy, childbirth, or medical conditions related to either

Genetic Information Nondiscrimination Act (GINA)— Prohibits the use of genetic information in making employment decisions, restricts employers and other entities from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.

20+ EMPLOYEES ALSO NEED TO COMPLY WITH:

Age Discrimination in Employment Act (ADEA)— Prohibits employment discrimination against persons 40 years of age or older

Consolidated Omnibus Budget Reconciliation Act (COBRA)— Gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events. Qualified individuals may be required to pay the entire premium for coverage up to 102 percent of the cost to the plan. Generally, requires that group health plans sponsored by employers with 20 or more employees in the prior year offer employees and their families the opportunity for a temporary extension of health coverage (called continuation coverage) in certain instances where coverage under the plan would otherwise end.

50+ EMPLOYEES ALSO NEED TO COMPLY WITH:

Family Medical Leave Act (FMLA)— Entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles.

100+ EMPLOYEES ALSO NEED TO COMPLY WITH:

Worker Adjustment & Retraining Notification Act (WARN)— Requires employers to provide notification 60 calendar days in advance of qualified plant closings and mass layoffs

EEO-1 Report (annual filing)— Requires employers to provide a count of their employees by job category and then by ethnicity, race, and gender

COMPLIANCE FOR FEDERAL CONTRACTORS

EEO-1 Report (annual filing) (50+ EMPLOYEES)— Requires federal government contractors who have a contract, subcontract, or purchase order amounting to $50,000 or more to provide a count of their employees by job category and then by ethnicity, race, and gender

Executive Order 11246— Prohibits federal contractors that generally have contracts that exceed $10,000 from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin; also requires covered contractors to take affirmative action to ensure equal opportunity in all aspects of employment

Rehabilitation Act, Section 503— Prohibits discrimination; requires employers with federal contracts exceeding $10,000 to take affirmative action to hire, retain, and promote qualified individuals with disabilities

Drug-Free Workplace Act— requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency.

Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)–Requires covered federal government contractors to take affirmative action to employ and advance in employment specified categories of veterans and prohibits discrimination against such veterans; requires contractors to list employment openings with the appropriate employment service delivery system and that covered veterans receive priority in referral to such openings; also includes annual reporting requirements

Davis-Bacon Act— requires that contractors and subcontractors performing on contracts over $2,000 to pay laborers and mechanics employed on the project job site not less than the prevailing wage rates (including fringe benefits) listed in the contract’s Davis-Bacon wage determination for corresponding classes of laborers and mechanics in the area.

Copeland “Anti-Kickback” Act— Prohibits contractors and subcontractors performing work on covered contracts from in any way inducing an employee to give up any part of the compensation to which he or she is entitled.

McNamara-O’Hara Service Contract Act(SCA)— requires contractors and subcontractors performing services on covered contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality, or the rates (including prospective increases) contained in a predecessor contractor’s collective bargaining agreement, as provided in wage determinations issued by the Department of Labor.

Walsh-Healey Public Contracts Act (PCA)— Applies to contractors with contracts in excess of $15,000 for the manufacturing or furnishing of materials, supplies, articles, or equipment to the U.S. government or the District of Columbia. Covered contractors must pay employees on the contracts the federal minimum wage. Employees must also be paid one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.

Note: The information provided here is intended to provide general information and is not intended to constitute legal or other advice or opinions on any specific matters. The information provided is not intended to replace the advice of a qualified attorney, plan provider or another professional advisor. This information has been taken from sources believed to be trustworthy and reliable, but there is no guarantee as to its accuracy. In accordance with IRS Circular 230, this communication is not intended or written to be used, and cannot be used as or considered a ‘covered opinion’ or other written tax advice and should not be relied upon for any purpose other than its intended purpose.

Companies