Laws

Major State and Federal Employment Law Regulations

Act Jurisdiction Basic Provisions
National Labor Relations Act (Wagner Act, 1935) Most nonmanagerial employees in private industry Provides right to organize; provides for collective bargaining; requires employers to bargain; requires unions to represent all members equally.
Fair Labor Standards Act (FLSA, 1938) Most nonmanagerial employees in private industry Establishes a minimum wage; controls hours through premium pay for overtime; controls working hours for children.
Equal Pay Act (1963) Most employers Prohibits unequal pay for males and females with equal skill, effort, and responsibility working under similar working conditions.
Title VII of the Civil Rights Act (1964, 1991) Employers with 15 or more employees; employment agencies; unions Prevents discrimination on the basis of race, color, religion, sex, or national origin; establishes EEOC; provides reinstatment, back pay, and compensatory and punitive damages; permits jury trials.
Executive Order 11246
Exectuve Order 11375
Executive Order 11478
Federal contractors with large contracts and 50 or more employees Prevents discrimination on the basis of race, color, religion, nation origin, sex, politacl affiliation, martial status, or physical disability; establishes Office of Federal Contract Compliance (OFCC).
Age Discrimination in Employment Act (ADEA, 1967) Employers with more than 20 employees Prevents discrimination against persons age 40 and over; states compulsory retirement of some employees.
Occupational Safety and Health Act (OSHA, 1970) Most employers involved in interstate commerce Ensures, as far as possible, safe and healthy working conditions and the preservation of our human resources.
Rehabilitation Act (1973) Government contractors and federal agencies Prevents discrimination against persons with physical and mental disabilities.
Employee Retirement Income Security Act (ERISA, 1974) Most employers with pension plans Protects employeses covered by a pension plan from losses in benefits due to mismanagement, job changes,plant closings, and bankruptcies.
Pregnancy Discrimination Act (1978) Employers with 15 or more employees Identifies pregnancy as a disablity and entitles the woman to the same benefits as any other disablity.
Worker Adjustment and Retraining Notification Act (WARN, 1988) Employers with more than 100 emploees Requires 60 days’ notice of plant or offic closing or substantial layoffs.
Americans with Disabilities Act (ADA, 1990) Employers with 15 or more employees Prevents discrimination against individuals with disabilities.
Family and Medical Leave Act (FMLA, 1993) Employers with 50 or more employees Allows workers to take up to 12 weeks unpaid leave for childbirth, adoption, or illness of employee or a close family member; employees who have worked for the employer 12 months or 1,250 hours become elgible.
Uniformed Services Employment and Reemployment Rights Act (USERRA, 1994) All employers in the public and private sectors, including federal employers Prevent discrimination against employees who take leave to meet military service obligations.
Health Insurance Portability and Accountability Act (HIPAA, 1996) Health plans, health care clearinghouses, health care providers, and employers to the extent that they operate in one or more of those capacities Allows an employee with existing illness to transfer existing insurance coverage to a new employer.
Sarbanes-Oxley Act (2002) Most publicly held companies Imposes strict rules intended to reduce wrongdoing in public by corporations and strenghtens protections for employees who report wrongdoing.