Employment Law

HR Employment LawEmployment Law or Labor Law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. It is important to mention that there are both State and Federal employment laws, and depending on the state that you are in, determines if the State Employment law or Federal Employment law takes precedence.

What I need to know about Employment Law

Employment Law is dependent on the number of employees in an organization. Although there are many employment laws that are in affect with as little as 1 employee, there 5 main employee base levels to consider when you are evaluating what employment laws pertain to your organization; 1, 15, 20, 50 and 100 employees.

Employment Law Glossary

This is a listing of the 15 most important employment laws.

Federal Employment Laws # of EE’s Penalty
FLSA Fair Labor Standards Act 1 $10,000/per
FLSA establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.
EPA Equal Pay Act 1 $50,000/per
The Equal Pay Act establishes that no employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate at which he pays wages to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.
OSHA Occupational Safety and Health Act 1 $7,000/per
OSHA ensures that employers provide employees with an environment free from recognized hazards, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. Business owners are required to follow OSHA guidelines for access to medical and exposure records, personal protective equipment, and hazardous communication records.
HIPPA Health Insurance Portability Act 1 Varies
HIPAA provides rights and protections for participants and beneficiaries in group health plans. HIPAA includes protections for coverage under group health plans that limit exclusions for preexisting conditions; prohibit discrimination against employees and dependents based on their health status; and allow a special opportunity to enroll in a new plan to individuals in certain circumstances.
ERISA Employment Retirement Income Security Act 1
ERISA sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans. ERISA requires plans to provide participants with plan information including important information about plan features and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty.
IRCA Immigration Reform and Control Act 1 $250/per
The IRCA requires employers to attest to their employees’ immigration status, makes it illegal to knowingly hire or recruit unauthorized immigrants, grants amnesty to certain seasonal agricultural illegal immigrants and grants amnesty to illegal immigrants who entered the United States before January 1, 1982 and had resided there continuously.
FCRA Fair Credit Reporting Act 1 $250/per
The FCRA regulates the collection, dissemination, and use of consumer information, including consumer credit information.
USERRA Uniformed Services Employment & Re-employment Rights Act 1 Varies
The USERRA is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other "uniformed services:" (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service.
ADA Americans with Disabilities Act 15 $50,000/per
The ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
PDA Pregnancy Discrimination Act 15 $50,000/per
The PDA protects employees from discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII
Title VII Title VII of the Civil Rights Act 15 $50,000/per
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. States that Employer maintain the burden of proof, and allows employees to have jury trials, awarding both compensatory and punitive damages.
ADEA Age Discrimination in Employment Act 20 $50,000/per
The ADEA protects individuals who are 40 years of age or older from employment discrimination based on age, and protects workers 40 years of age or older from hiring, firing, promotion, layoff, compensation & benefits discrimination.
COBRA Consolidated Omnibus Budget Reconciliation Act 20 $100 p/day
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.
FMLA Family and Medical Leave Act 50 $100/per
FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
WARN Worker Adjustment and Retraining Notification Act 100 $500/per
The WARN act offers protection to workers, their families and communities by requiring employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs. This notice must be provided to either affected workers or their representatives (e.g., a labor union); to the State dislocated worker unit; and to the appropriate unit of local government.

Employment Law Links

The United States Department of Labor – http://www.dol.gov/
The US Department of Labor (DOL) is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The purpose of the Department of Labor (DOL) is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

Contact the United States Department of Labor
1-866-4-USA-DOL (1-866-487-2365)
1-877-889-5627 TTY

The United States Equal Opportunity Commission – http://www.eeoc.gov/
The U.S. Equal Employment Opportunity Commission (EEOC) is an independent federal law enforcement agency that enforces laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual’s race, color, national origin, religion, sex, age, perceived intelligence, disability and retaliation for reporting and/or opposing a discriminatory practice. It is empowered to file discrimination suits against employers on behalf of alleged victims and to adjudicate claims of discrimination brought against federal agencies.

Contact the United States Equal Opportunity Commission
1-800-669-6820 (TTY)

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