US Laws and Regulations

Trademark Act (1946)

-Known as the Lanham Act -Governs the law of trademarks and their registration and provides causes of action that protect trademark rights from infringement -Purpose is to protect the owner of a mark by preventing others from using the mark without permission or in a way that will cause confusion -Patents prevent others from making or selling an invention, but trademarks protect the words, phrases, symbols, logos, or other devices used to identify the source of goods or services from usage by other competitors.

Workforce Investment Act (WIA) (1988)

Created the "One Stop" centers within Employment Service Offices and One Stop Centers

Revenue Act (1978)

Established Section 125 and 401(k) plans for employees Section 125 is part of the IRS Code that allows employees to convert a taxable cash benefit (salary) into non-taxable benefits. Under a Section 125 program you may choose to pay for qualified benefit premiums before any taxes are deducted from employee paychecks. A 401(k) is a feature of a qualified profit-sharing plan that allows employees to contribute a portion of their wages to individual accounts.

Genetic Information Nondiscrimination Act (GINA) (2008)

GINA prohibits employers from using genetic information to make employment decisions. This legislation allowed decisions to exclude them from hiring or enrollment in medical insurance programs. GINA was developed because insurance companies were using genetic information to determine who would have expensive diseases in the future.

Federal Employees Compensation Act

Law that provides benefits to employees who have suffered work-related injuries or occupational diseases

Needlestick Safety and Prevention Act (2000)

Mandated recordkeeping for all needlestick and sharp injuries; required employee involvement in developing safer devices The Needlestick Safety and Prevention Act is not enforceable on its own, but rather the Occupational Safety and Health Act of 1970, which requires compliance with OSHA standards. The OSHA bloodborne pathogens standard requires the institution of safety measures in workplaces where there is occupational exposure to blood or other potentially infectious materials (OPIM). Under the standard, as revised by the NSPA, employers are required to evaluate, select, and use engineering controls (e.g., sharps with engineered sharps injury protections or needleless systems) to eliminate or minimize exposure to contaminated sharps

Portal-to-Portal Act of 1947

In particular, the Portal-to-Portal Act provides that employers are not required to pay for the time employees spend on activities occurring before or after ("preliminary or postliminary") they perform the principal activities for which they are employed. The Portal-to-Portal Act makes clear that employers do not need to pay employees for time spent traveling from their homes to their workplace before the start of the workday or traveling from their workplace to their homes after the workday is over. One exception to this general rule is when an employee's workday has ended and they are called back to work. If the employee has to travel an unusually long distance to get to a worksite after normal work hours, that travel time may be counted as hours worked. The Portal-to-Portal Act requires an employer to include time spent traveling from one workplace to another during the same workday as hours worked. As pointed out above, this would not include travel time from home to work before the start of a workday or from work to home after a workday ends. However, it would include time spent traveling from a central meeting place to a final work location. An employer must pay an employee for time spent traveling to and from another city in the same day. If the employee does not first report to his usual workplace, the employer may be able to deduct the time the employee usually takes to get to and from work from the time spent traveling to the other city. When employees are required to travel away from their homes and that travel spans more than one workday, an employer must include in hours worked the time actually spent traveling, e.g., in a car or on airplane or train, only if it occurs during the employee's normal work hours. For example, if an employee normally works from 8:00 a.m. to 5:00 p.m., an employer is only required to include time spent traveling during that time period as hours worked. Time spent traveling before 8:00 a.m. and after 5:00 p.m. would not need to be included - with one caveat, if the employee actually performs work while traveling, the employer must include the time spent working as hours worked Also, employers must count as hours worked time spent by employees traveling on non-workdays if the travel takes place during the employees' normal work hours.

Executive Order 13706

Paid Sick Leave for Federal Contractors (2015) Federal contractors are directed to provide up to 56 hours of paid sick leave annually. The leave is accrued at the rate of an hour for every 30 hours worked. It may be carried over from year to year.

Foreign Corrupt Practices Act (FCPA) (1997)

Prohibits American companies from making corrupt payments to foreign officials for the purpose of obtaining or keeping business.

Older Workers Benefit Protection Act (OWBPA) (1990)

Prohibits employers from: 1. using an employee's age as the basis for discrimination in benefits 2. targeting older worker's during staff reductions or downsizing 3. requiring older workers to wave heir rights without the opportunity for review with their legal advisor

Social Security Act (1935)

Provided old-age pension (retirement), and a program of unemployment insurance (temporary aid to help people who lose jobs to find a new job), and federal welfare program (aid for very poor). Most famous and important legacy of New Deal. Has resulted (along with Medicare) with drastic reduction in poverty among elderly in the US Benefits: 1. federal old-age benefits (retirement) 2. survivors benefits (spouse benefits, dependent children, and widow/widower benefits) 3. disability insurance for workers no longer able to work 4. temporary assistance for needy families medicare health insurance for aged and disabled medicaid grants to states for medicaid assistance programs 5. supplemental security income (SSI) 6. Patient Protection and Affordable Care Act

Privacy Act (1974)

The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of information from a system of records absent the written consent of the subject individual, unless the disclosure is pursuant to one of twelve statutory exceptions.

Pregnancy Discrimination Act of 1978

Treats discrimination based on pregnancy-related conditions as illegal sex discrimination

Drug-Free Workplace Act (1998)

U.S. law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify they are maintaining a drug-free workplace. Whenever an employee has been convicted of a criminal drug violation in the workplace, the employer must notify the contracting or granting agency within 100 days Covered employers are required to publish a written policy statement that clearly covers all employers or just those employees who are associated with the federal contract or grant. Each covered employee must be given a copy of the policy statement, and it is a good idea, although it is not required, to have employees sign for receipt of that policy statement. The statement must contain a list of prohibited substances (at a minimum it must cite controlled substances)

Unemployment Compensation Amendments (UCA) (1992)

Unemployment Compensation Amendment of 1992 is a law in the United States that allows a terminated employee to take employer-sponsored retirement savings and place them into a retirement plan of their choice. This law established 20% as the amount to be withheld from payment of employee savings accounts when leaving an employer and not placing the funds (rolling over) into another tax-approved IRA or 401(k)

Electronic Communications Privacy Act (1986)

Wiretap Act: The Wiretap Act prohibits any person from intentionally intercepting or attempting to intercept a wire, oral or electronic communication by using any electronic, mechanical or other device. Stored Communications Act: The Stored Communications Act is a law that addresses voluntary and compelled disclosure of "stored wire and electronic communications and transactional records" held by third-party internet service providers (ISPs). This law altogether provides rules for access, use, disclosure, interpretation, and privacy protections of electronic communications. With regards to HR, this law primarily pertains to the recording of employee conversations. Notices must be given of any purposeful means of recording employees, whether via camera, vocal recorders, etc.

ADA Amendments Act of 2008

a bipartisan bill supported by disability advocates and employers, became effective on January 1, 2009, making it easier for a person "seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA" (U.S. Department of Justice, 2009) passed to "loosen" the interpretation of disability so more people would be covered by its protections now almost any mental or physical condition that impacts a major life activity can be considered a disability covered under the act defined a disability as "an impairment that substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having an impairment." the act also said when determining whether someone is disabled disabled, there may no be no consideration of mitigating circumstances

Sherman Anti-Trust Act (1890)

first federal action against monopolies; the law gave government power to regulate combinations "in restraint of trade." Until the early 1900s, however, this power was used more often against labor unions than against trusts. regulates competition among enterprises An act to protect trade and commerce against unlawful restraints and monopolies

Jury System Improvement Act of 1978

prohibits employers from taking action against permanent employees for performing jury duty in federal court. Most states have similar laws covering state court jury duty.

Family and Medical Leave Act (FMLA) (1993)

1993; Requires employers with 50 or more workers to grant up to 12 weeks of unpaid leave a year to allow workers to take time off to help care for a new baby or an ill family member without fear of losing their jobs. Employees must have more than 1 year of service to qualify FMLA leave may be taken for any of the following reasons: 1. for the birth and care of the newborn child of an employee 2. for placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement 3. to care for an immediate family member (spouse, child, or parent) with a serious medical condition 4. to take medical leave when the employee is unable to work because of a serious health condition 5. any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty" Employees are vulnerable to termination if they are unable to return to work following the 12 weeks of leave If a leave under FMLA can be reasonably anticipated, employees should give their employers at least 30 days notice.

Patient Protection and Affordable Care Act (PPACA)

2010 U.S. law that requires virtually all citizens and legal residents to have minimum health coverage and requires employers with more than 50 full-time employees (full time is 30 hours for this act) to provide health coverage that meets minimum benefit specifications or pay a fine of $2000 per employee. -If a company is large enough, the company may have to make a payment to the government called an Employer Shared Responsibility payment if it does not provide health care coverage. A company will be subject to the Employer Shared Responsibility provisions if it generally employs 50 full-time equivalent employees (includes 50 full time or a combination of part-time and full time employees that equates to 50 full time employee workweek hours) This rule applies to for-profit, non-profit and government employers. According to the insurance requirements of the ACA, employers with less than 50 full-time employees are considered to be small businesses and are still not required to provide group health insurance coverage to their employees in 2020. The Affordable Care Act (sometimes called the health care law, or ACA) established the Small Business Health Options Program (SHOP) for small employers (generally those with 1-50 full-time and full-time equivalent employees (FTEs)) who want to provide health and dental coverage to their employees. Certain employers can enroll in SHOP through private insurance companies, or with the help of a SHOP-registered agent or broker. SHOP plans are generally the only way to qualify for the Small Business Health Care Tax Credit to lower premium costs. -Health Care Tax Credits: tax credit is valued up to 50% for a for-profit employer's contribution to its employees' premium costs and up to 35% for tax-exempt employers. the credit only applies to employers with less than 25 equivalent full-time employees that make an average of $50,000 a year or less. Employers must also contribute at least 50% of the insurance premium for their employee's health coverage. -Provides medical coverage available to children up to the age of 26 Provides many free preventive services for some seniors with Medicare Provides consumer protection for individuals with preexisting conditions. -A pre-existing condition is defined as any injury, illness, sickness, disease, or other physical, medical, mental or nervous condition, disorder or ailment that, with reasonable medical certainty, existed at the time of application or at any time during the X years prior to the effective date of the insurance Required Documentation: 1095-B and 1095-C -annual requirement to fill out these forms and send the information to health insurance plan carriers

National Labor Relations Act (1935)

A 1935 law, also known as the Wagner Act, that guarantees workers the right of collective bargaining sets down rules to protect unions and organizers, and created the National Labor Relations Board to regulate labor-managment relations. Protects workers from unfair management practices. Employees have a right to form unions and negotiate wage and hour issues with employers on behalf of the union membership. The Wagner Act had a few main aspects: 1. Employers must allow freedom of association and organization and cannot interfere with, restrain, or coerce employees who form a union. 2. Employers may not discriminate against employees who form or are part of a union, or those who file charges. 3. An employer must bargain collectively with representation of a union.

Pension Protection Act

A federal law passed in 2006 intended to shore up the financial integrity of private traditional (defined benefit) plans and, at the same time, to encourage employees to make greater use of salary reduction (defined contribution) plans. Requires employers that have underfunded pension plans to pay a higher premium to the Pension Benefit Guarantee Corporation. Requires employers that terminate pension plans to provide additional funding to those plans.

Family Educational Rights and Privacy Act (FERPA)

A federal law that governs student confidentiality in schools. It requires that schools not divulge, reveal or share any personally identifiable information about a student or his/her family, unless it is with another school employee who needs the information to work with the student. An exception is the publishing of student directory information. Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information. Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record.

Taft-Hartley Act (1947)

A federal law, enacted in 1947 as an amendment to the NLRA, that prohibits requiring employees to join or continue membership in a union as a condition of employment. The Taft-Hartley Act also had major implications for unions. Passed in 1947, Taft-Hartley amended the Wagner Act. The act was introduced because of the upsurge of strikes during this time period. While the Wagner Act addressed unfair labor practices on the part of the company, the Taft-Hartley Act focused on unfair acts by the unions. For example, it outlawed strikes that were not authorized by the union, called wildcat strikes. It also prohibited secondary actions (or secondary boycotts) in which one union goes on strike in sympathy for another union. The act allowed the executive branch of the federal government to disallow a strike should the strike affect national health or security. One of the most famous injunctions was made by President Ronald Reagan in 1981. Air traffic controllers had been off the job for two days despite their no-strike oath, and Reagan ordered all of them (over eleven thousand) discharged because they violated this federal law.

Copyright Act (1976)

A federal statute that (1) establishes the requirements for obtaining a copyright and (2) protects copyrighted works from infringement. (1988) Copyright Term Extension Act further extended copyright protection to the duration of the author's life plus 70 years for general copyrights and to 95 years for works made for hire and works copyrighted before 1978. Under the Copyright Act of 1976, materials are automatically protected by U.S. copyright law from the moment they are first printed or saved electronically. A copyright may be filed with the U.S. Copyright office, but is only necessary in order to file a suit for copyright infringement.

Sarbanes-Oxley Act (SOX) (2002)

A federal statute that establishes rules to improve corporate governance, prevent fraud, and add transparency to corporate operations. · The Sarbanes-Oxley Act was established in 2002 to hold corporate executives accountable for the financial operations of an organization, mostly in the area of financial reporting. · There are 11 sections that comprise the act, but it can be defined as: Senior management must certify the legitimacy of any and all financial reports; Internal controls that relate to reporting of accounting and financial data must be established. Any inconsistencies in reported financial information are the responsibility of the certifying party Section 302: Periodic statutory financial reports are to include certifications that: • The signing officers have reviewed the report • The report does not contain any material untrue statements or material omission or be considered misleading • The financial statements and related information fairly present the financial condition and the results in all material respects • The signing officers are responsible for internal controls and have evaluated these internal controls within the previous ninety days and have reported on their findings • A list of all deficiencies in the internal controls and information on any fraud that involves employees who are involved with internal activities • Any significant changes in internal controls or related factors that could have a negative impact on the internal controls Organizations may not attempt to avoid these requirements by reincorporating their activities or transferring their activities outside of the United States Section 401: Financial statements are published by issuers are required to be accurate and presented in a manner that does not contain incorrect statements or admit to state material information. These financial statements shall also include all material off-balance sheet liabilities, obligations or transactions. The Commission was required to study and report on the extent of off-balance transactions resulting transparent reporting. The Commission is also required to determine whether generally accepted accounting principals or other regulations result in open and meaningful reporting by issuers. Section 404: Issuers are required to publish information in their annual reports concerning the scope and adequacy of the internal control structure and procedures for financial reporting. This statement shall also assess the effectiveness of such internal controls and procedures. The registered accounting firm shall, in the same report, attest to and report on the assessment on the effectiveness of the internal control structure and procedures for financial reporting. Section 409: Issuers are required to disclose to the public, on an urgent basis, information on material changes in their financial condition or operations. These disclosures are to be presented in terms that are easy to understand supported by trend and qualitative information of graphic presentations as appropriate. Section 802: This section imposes penalties of fines and/or up to 20 years imprisonment for altering, destroying, mutilating, concealing, falsifying records, documents or tangible objects with the intent to obstruct, impede or influence a legal investigation. This section also imposes penalties of fines and/or imprisonment up to 10 years on any accountant who knowingly and willfully violates the requirements of maintenance of all audit or review papers for a period of 5 years

Retirement Equity Act (1984)

Act passed in 1984 that liberalized eligibility requirements, vesting provisions, maternity/paternity leaves, and spouse survivor benefits of retirement plans. Prohibits changes to retirement plan elections, spousal beneficiary designations, or in-service withdrawals w/o the consent of a spouse. Changing withdrawal options doesn't require spousal consent

Labor Management Reporting and Disclosure Act (1959)

Also known as the Landrum-Griffin Act The Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), grants certain rights to union members and protects their interests by promoting democratic procedures within labor organizations. The LMRDA establishes: 1. a Bill of Rights for union members; 2. reporting requirements for labor organizations, union officers and employees, employers, labor-relations consultants, and surety companies; 3. standards for the regular election of union officers; 4. safeguards for protecting labor organization funds and assets. The Landrum Griffin Act, also known as the Labor Management Reporting and Disclosure (LMRDA) Act, was passed in 1959. This act required unions to hold secret elections, required unions to submit their annual financial reports to the U.S. Department of Labor, and created standards governing expulsion of a member from a union. A federal law enacted in 1959 that established a system of reporting and checks intended to uncover and prevent fraud and corruption among union officials by regulating internal operating procedures and union matters.

Equal Pay Act

Amendment to the Fair Labor Standards Act (FLSA) This law prohibits employers from discriminating on the basis of sex by paying wages to employees at at rate less than the rate paid to employees of the opposite sex for equal work on jobs requiring equal skill, effort, and responsibility and which are performed under similar working conditions.

Securities Exchange Act (1934)

An act that regulates the trading of securities such as stocks and bonds in the secondary market. When companies go public by issuing common stock for trade, it is done on the primary market. This law provides governance for the secondary market, which is all trading after the initial public offering. Created the Securities and Exchange Commission, which has oversight authority for the trading of stocks in this country. Extends the "disclosure" doctrine of investor protection to securities listed and registered for public trading on the US exchanges. 1. require that investors receive financial and other significant information concerning securities being offered for public sale 2. prohibit deceit, misrepresentations, and other fraud in the sale of securities.

Work Opportunity Tax Credit (WOTC) (1996)

Authorized by the Small Business Job Protection Act of 1996; encourages employers to hire targeted groups of job seekers by reducing employers' federal tax liability. This law provides federal income tax credits to employers who hire from certain targeted groups of job seekers who face employment barriers. The amount of tax credit is adjusted from time to time and currently stands at $9,600 per employee targeted group examples: ex-felons qualified veteran designated community resident

Consumer Credit Protection Act (1968)

Consumer Credit Protection Act of 1968 is Federal legislation that created disclosure requirements that must be followed by consumer lenders such as banks, credit card companies and auto-leasing firms. Pursuant to the Act, consumer lenders are required to inform consumers about annual percentage rates (as opposed to the stand-alone interest rate), special or previously hidden loan terms and the total potential costs to the borrower.

Occupational Safety and Health Act (OSHA) (1970)

Created to protect workers and health. Its main aim was to ensure that employers provide their workers with an environment free from dangers to their safety and health, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. Created the National Institute of Occupational Safety and Health (NIOSH) Says employers shall furnish each employee with a place of employment with a place of employment free from hazards that are likely to cause death or serious injury. Holds employers responsible for abiding by all safety rules and regulations in the workplace. States that employers must summarize all injury and illness instances and post that summary in a conspicuous place within the workplace. That report must remain posted from February 1 to April 30 each year. Anytime their is a serious or fatal accident, a full incident report must be prepared by the employer and maintained for a minimum for 5 years, OSHA Inspections: Onsite visits that are conducted without notice: inspectors can just walk into a place of government and request that you permit. You don't have to agree unless the inspector has a search warrant. In the absence of a warrant, you can delay the inspection until your attorney is present. Onsite inspections or phone/fax investigation: Depending on the urgency of the hazard and agreement of the person filing the complaint, inspectors may telephone or fax inquiries to employers. The employer has 5 working days to respond with a detailed description of inspection findings, corrective action taken, and additional action planned. Inspection priorities include imminent danger, facilities and catastrophes, worker complaints, referrals, follow-ups, and planned/programmed investigations. Standards: normal standards and emergency temporary standards

Mine Safety and Health Act

Establishes mandatory mine safety and health standards for underground and surface mines; covers coal, metal, and nonmetal mines. Established the Mine Safety and Health Administration Key components of the Mine Act include: 1. Four annual inspections required at all underground mines 2. Two annual inspections required at all surface mines 3. Strengthened and expanded rights for miners 4. Enhanced protection of miners from retaliation for exercising such rights 5. Mandatory miner training provisions established 6. Mine rescue teams required for all underground mines

Whistleblower Protection Enhancement Act (WPEA) (2012)

In 2012 Congress passed the WPEA into law to strengthen protections for Federal employees who report fraud, waste, and abuse. The WPEA clarifies the scope of protected disclosures and establishes that the disclosure does not lose protection because: 1. the disclosure was made to someone, including a supervisor, who participated in the wrongdoing disclosed; 2. the wrongdoing being reported has previously been disclosed; 3. of the employee's motive for reporting the wrongdoing; the disclosure was made while the employee was off duty; 4. the disclosure was made during the employee's normal course of duty, if the employee can show that the personnel action was taken in reprisal for the disclosure; or 5. the amount of time which has passed since the occurrence of the events described in the disclosure. The WPEA protects disclosures that an employee reasonably believes are evidence of censorship related to research, analysis, or technical information that causes, or will cause, a gross government waste or gross mismanagement, an abuse of authority, a substantial and specific danger to public health or safety, or any violation of law. It expands the penalties imposed for violating whistleblower protections and establishes the position of Whistleblower Protection Ombudsman.

Americans with Disabilities Act (ADA) (1990)

Protects individuals with disabilities from being discriminated against in the workplace. Prohibits discrimination based on disability in all employment practices. Employers must take steps to accommodate individuals covered by the act. Complaints by disable individuals against their employers (charge of illegal discrimination) Title I - Employment Title I of the Americans with Disabilities Act of 1990 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. The ADA covers employers with 15 or more employees, including State and local governments. It also applies to employment agencies and to labor organizations. The Equal Employment Opportunity Commission (EEOC) has published regulations implementing the ADA to prohibit inquiring about the disabled status until after a job offer has been extended to a job applicant. Companies with 15 or more employees need to comply with the Americans with Disabilities Act. Recently, the Office of Federal Contract Compliance Programs (OFCCP) has promulgated regulations that require federal contractors with $10,000 or more in contracts to gather disability status about job applicants as well as job employees

IRS Intermediate Sanctions (2002)

Provides guidelines regarding the determination of reasonable compensation for executives of nonprofit organizations; allows the IRS to impose penalties when it determines that top officials have received excessive compensation from their organizations

Racketeer Influenced and Corrupt Organizations Act (RICO)

RICO stands for Racketeer Influenced and Corrupt Organizations and is generally applied in federal court for crimes committed by individuals and corporations, like mail and wire fraud, but can include extortion and financial fraud. Actions that violate the RICO Act can be criminal or civil acts. The RICO Act was originally established to prosecute mafia activities but has been extended to include corporations. To better understand the act, let's define racketeering as carrying on a set pattern of illegal business activities, like extortion or fraud, perpetrated by those who own the business. o A pattern means that at least two criminal activities occurred by the business.

Immigration Reform and Control Act (IRCA) (1986)

Requires new employees to prove both their identity and their right to work in this country. Created the I-9 form which must be completed by each new employee and the employer this law made it illegal for employers to knowingly hire undocumented immigrants, requiring employers to know their employees' immigration status. Implemented the need for Employment Authorization Documentation (EAD) in order for non-permanent immigrants and nonimmigrants to work in the USA

Personal Responsibility and Work Opportunity Reconciliation Act (1996)

Requires welfare recipients to begin working after 2 years of receiving benefits. States may exempt parents with children younger than 1 from the work requirements (can only be used once; still subject to the 5-year time limit for cash assistance).

Copeland "Anti-Kickback" Act (1934)

Section 1 - prohibits anyone from inducing by any means any person employed on the construction, persecution, completion, or repair of a federally assisted building or work to give up any part of his or her compensation to which he or she is otherwise entitled Section 1 applies to all construction contracts irrespective of amount

USA Patriot Act (2001)

Strengthens the federal government's power to conduct surveillance, perform searches, and detain individuals in order to combat terrorism.

Age Discrimination in Employment Act (ADEA) of 1967

The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.

Black Lung Benefits Act (BLBA)

The Black Lung Benefits Act (BLBA) provides monthly cash payments and medical benefits to coal miners totally disabled from pneumoconiosis ("black lung disease") arising from their employment in the nation's coal mines. The statute also provides monthly benefits to a deceased miner's survivors if the miner's death was due to black lung disease.

Civil Rights Act of 1991

The Civil Rights Act of 1991 allows victims of sexual, disability, or religious discrimination to request jury trials and both compensatory and punitive damages. The maximum award allowed is based on the size of the organization. The jury award may award up to $300,000 against employers with over 500 employee The 1991 Act changed the requirements necessary for an employee to establish discrimination through what is known as a disparate impact. A disparate impact case is where the plaintiff establishes that an apparently neutral employment policy, practice, or procedure adversely impacts the members of a protected class - for example, requiring a certain level of science education for engineers or technicians. While the policy may be neutral in its intent, it may have a bigger impact on minorities who may not pursue engineering degrees in as large numbers as white middle class males. The existence of a disparate impact doesn't necessarily mean an employer is liable for it as we will see below.

Civil Service Reform Act of 1978

The Civil Service Reform Act of 1978 (CSRA) was enacted to reform civil service law to make civil servants more accountable for performance and to protect the rights of civil servants from managerial abuse. The Act created three new agencies: The United States Merit Systems Protection Board, the Office of Personnel Management and the Federal Labor Relations Authority. CSRA provides federal employees some important rights as members of a government union. According to the U.S. Department of Labor's Office of Management Standards, some of the rights of federal union members include: 1. Right to review and inspect their collective bargaining agreement 2. Right to review and inspect the union's constitution, bylaws and financial report 3. Right to run for office, nominate someone for a union office, cast a secret ballot and protest election conduct 4. Right to seek the removal of an elected union officer for misconduct 5. A Bill of Rights which includes equal rights to participate in union activities, freedom of speech and assembly, and protection of the right to sue

Davis-Bacon Act (1931)

The Davis-Bacon and Related Acts, apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. This act allows trainees and apprentices to be paid less than the predetermined rates under certain circumstances. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates.

Economic Growth and Tax Relief Reconciliation Act (EGTRRA) (2001)

The Economic Growth and Tax Reconciliation Relief Act of 2001 (EGTRRA) was a sweeping U.S. tax reform package that lowered income tax brackets, put into place new limits on the estate tax, allowed for higher contributions into an IRA and created new employer-sponsored retirement plans. Changes to retirement plans included the ability for people over the age of 50 to make larger contributions to help them build up their retirement balances. The law also revised the life expectancy tables used for determining retirement ages. EGTRRA also required retirement plan administrators to take involuntary cash-outs of 401(k) accounts into a default IRA. This helped employers clear off their books inactive small accounts left behind by former employees who had not responded to repeated requests about where to transfer their retirement account balances.

Employee Polygraph Protection Act (1988)

The Employee Polygraph Protection Act of 1988 (EPPA) is a United States federal law that generally prevents employers from using polygraph (lie detector) tests, either for pre-employment screening or during the course of employment, WITH CERTAIN EXEMPTIONS. Under the exemption for ongoing investigations of work place incidents involving economic loss, a written or verbal statement must be provided to the employee prior to the polygraph test which explains the specific incident or activity being investigated and the basis for the employer's reasonable suspicion that the employee was involved in such incident or activity.

Employment Retirement Income Security Act (ERISA)

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in defined contribution plans and defined benefit plans 1. Employers are required to provide plan information to employees who participate in a plan, including information about the plan's features and how it is funded. Every plan must have a written plan document that outlines how it is run and its requirements. Plans will also have a booklet called the Summary Plan Description (SPD) that is supposed to be easy to read and understand.; 2. One of the most important requirements of ERISA is the imposition of fiduciary duties upon those who administer covered plans. A fiduciary duty is a very high standard of care imposed by law where the fiduciary has a duty to place the interests of another ahead of the fiduciary's own interest. The Employee Retirement Income Security Act (ERISA) protects your plan's assets by requiring that those persons or entities who exercise discretionary control or authority over plan management or plan assets, have discretionary authority or responsibility for the administration of a plan, or provide investment advice to a plan for compensation or have any authority or responsibility to do so are subject to fiduciary responsibilities. 3. requires plans to establish a grievance and appeals process for participants to get benefits from their plans 4. gives participants the right to sue for benefits and breaches of fiduciary duty. 5. A plan is also subject to minimum standards for participation, vesting and benefit accrual. In other words, as explained by the U.S. Department of Labor, 'The law defines how long a person may be required to work before becoming eligible to participate in a plan, to accumulate benefits and to have a non-forfeitable right to those benefits. Guarantees payment of certain benefits if a defined plan is terminated, through a federallychartered corporation, known as the Pension Benefit Guaranty Corporation. The U.S. Department of Labor, Internal Revenue Service, and the Pension Benefit Guaranty Corporation jointly developed the Form 5500 Series so employee benefit plans could utilize the Form 5500 Series forms to satisfy annual reporting requirements under Title I and Title IV of ERISA and under the Internal Revenue Code.

Executive Order 11246: Affirmative Action (1965)

The Executive Order prohibits federal contractors and federally‐assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. The Executive Order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. Additionally, Executive Order 11246 prohibits federal contractors and subcontractors from, under certain circumstances, taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or the pay of their co‐workers.

False Claims Act (1863)

The False Claims Act (FCA), also called the "Lincoln Law", is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. It is the federal Government's primary litigation tool in combating fraud against the Government. It is used to punish people who file false claims with the government for the purpose of receiving a benefit that they did not earn or do not deserve. The law includes a qui tam provision that allows people who are not affiliated with the government, called "relators" under the law, to file actions on behalf of the government (informally called "whistleblowing" especially when the relator is employed by the organization accused in the suit). Persons filing under the Act stand to receive a portion (15-30 percent, depending on certain factors) of any recovered damages.

Health Information Technology for Economic and Clinic Health (HITECH) Act (2009)

The HITECH Act encouraged healthcare providers to adopt electronic health records and improved privacy and security protections for healthcare data. Requires that anyone with custody of personal health records send notification to affected individuals if their personal health records have been disclosed, or the employer believes they have been disclosed, to any unauthorized person.

Lily Ledbetter Fair Pay Act of 2009

The Lilly Ledbetter Fair Pay Act of 2009 is a law enacted by Congress that bolstered worker protections against pay discrimination. The act allows individuals who face pay discrimination to seek rectification under federal antidiscrimination laws. The Act states the EEOC's longstanding position that each paycheck that contains discriminatory compensation is a separate violation regardless of when the discrimination began. The Ledbetter Act recognizes the "reality of wage discrimination" and restores "bedrock principles of American law." Particularly important for the victims of discrimination, the Act contains an explicit retroactivity provision. People challenging a wide variety of practices that resulted in discriminatory compensation can benefit from the Act's passage. These practices may include employer decisions about base pay or wages, job classifications, career ladder or other noncompetitive promotion denials, tenure denials, and failure to respond to requests for raises. The act amends Title VII of the Civil Rights Act of 1964 and states that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action.

McNamara-O'Hara Service Contract Act of 1965

The McNamara-O'Hara Service Contract Act requires contractors and subcontractors performing services on prime 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. The Department of Labor issues wage determinations on a contract-by-contract basis in response to specific requests from contracting agencies. These determinations are incorporated into the contract. For contracts equal to or less than $2,500, contractors are required to pay the federal minimum wage as provided in Section 6(a)(1) of the Fair Labor Standards Act. For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to SCA-covered contracts.

Norris-LaGuardia Act (1932)

The Norris-LaGuardia Act of 1932 (also known as the anti-injunction bill), barred federal courts from issuing injunctions (a court order that requires a party to do something or refrain from doing something) against nonviolent labor disputes and barred employers from interfering with workers joining a union. The act was a result of common yellow-dog contracts, in which a worker agreed not to join a union before accepting a job. The Norris-LaGuardia Act made yellow-dog contracts unenforceable in courts and established that employees were free to join unions without employer interference.

Railway Labor Act (1926)

The Railway Labor Act (RLA) of 1926 originally applied to railroads and in 1936 was amended to cover airlines. The act received support from both management and unions. The goal of the act is to ensure no disruption of interstate commerce. The main provisions of the act include alternate dispute resolution, arbitration, and mediation to resolve labor disputes. Any dispute must be resolved in this manner before a strike can happen. The RLA is administered by the National Mediation Board (NMB), a federal agency, and outlines very specific and detailed processes for dispute resolution in these industries.

Rehabilitation Act of 1973

The Rehabilitation Act of 1973, as Amended (Rehab Act) prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment and in the employment practices of federal contractors. The standards for determining employment discrimination under the Rehab Act are the same as those used in Title I of the ADA; it protects "qualified individuals with disabilities." An "individual with a disability" is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment or is regarded as having such an impairment. Section 501:prohibits employment discrimination against qualified individuals with disabilities in the federal sector, including the U.S. Postal Service, the Postal Regulatory Commission and the Smithsonian Institution. It does not require these entities to have a minimum number of employees at the worksite to be covered. Section 503: prohibits employers with federal contracts (or subcontracts) from discriminating against applicants and employees with disabilities and requires affirmative steps to hire, retain and promote qualified individuals with disabilities. The non-discrimination provisions apply to all companies with contracts in excess of $10,000, while the affirmative action provisions apply to companies with 50 or more employees and contracts of $50,000 or more. Section 504: requires employers subject to the law to provide reasonable accommodation for disable individuals who can perform the major job duties with or without accommodation.

Sherman Antitrust Act (1890)

The Sherman Act authorized the Federal Government to institute proceedings against trusts in order to dissolve them. The Sherman Act was designed to restore competition but was loosely worded and failed to define such critical terms as "trust," "combination," "conspiracy," and "monopoly." The Sherman Antitrust Act of 1890 is a federal statute which prohibits activities that restrict interstate commerce and competition in the marketplace. Approved July 2, 1890, The Sherman Anti-Trust Act was the first Federal act that outlawed monopolistic business practices. The Sherman Antitrust Act of 1890 was the first measure passed by the U.S. Congress to prohibit trusts.

Taxpayer Relief Act (1997)

The Taxpayer Relief Act of 1997 is a piece of legislation that introduced the Child Tax Credit and raised the unified credit limit and the tax exclusion from the sale of a personal residence. This legislation also provided tax relief for education savings and retirement accounts. Its benefits applied to taxpayers at all levels of income. Child Tax Credit: The child tax credit is an income tax credit of $2,000 per eligible child for American taxpayers. Eligible children are legal dependents under the age of 17 who are U.S. citizens, U.S nationals, or U.S. resident aliens.

Uniformed Guidelines on Employee Selection Procedures (1978)

The Uniform Guidelines provide standards for the proper use of employment testing, including the definition of discrimination in testing, appropriate means of validating selection procedures which may be discriminatory, acceptable methods of establishing and implementing cutoff scores (or pass points) on selection procedures, and the documentation of validity for selection procedures. Employer policies or practices that have an adverse impact on employment opportunities of any race, sex, or ethnic group are said to be discriminatory and are illegal unless justified by business necessity. If adverse impact exists for a specific selection procedure or an overall selection process, according to the Uniform Guidelines, the selection procedure must be validated in terms of establishing and documenting the relationship between the procedure and successful performance on the job. The Uniform Guidelines have adopted a practical means of determining adverse impact in a selection procedure. This "rule of thumb" established by the Uniform Guidelines is known as the "4/5ths" or "80 percent" rule. To determine whether a selection procedure violates the "4/5ths" or "80 percent" rule, the selection rate (or passing rate, where applicable) for the group with the highest selection rate is compared to the selection rates of the other groups. If any of the comparison groups do not have a passing rate equal to or greater than 80 percent of the passing rate of the highest group, then it generally is held that evidence of adverse impact exists for the particular selection procedure. (Section 4D; Q&As 10, 12, 16, 17, 20 - 25) Further, under the Uniform Guidelines, evidence of adverse impact, absent intent to discriminate by the employer, is the same as explicit discrimination. Thus, an employer who administers selection procedures, which inadvertently result in adverse impact, is still held to the provisions and requirements of the Uniform Guidelines.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is administered by the Veterans' Employment and Training Service (VETS) and protects service members' rights to be reemployed when they return from a period of service in the uniformed services. Under the law, service members need to be reinstated to the same job, pay, and benefits that they would have attained if they had not been absent for military service. The law also protects service members from discrimination in hiring and promotion.

Wagner-Peyser Act

The Wagner-Peyser Act of 1933 established a nationwide system of public employment offices, known as the Employment Service. The Employment Service seeks to improve the functioning of the nation's labor markets by bringing together individuals seeking employment with employers seeking workers.

Walsh-Healey Act (Public Contracts Act) (1936)

The Walsh-Healey Public Contracts Act (PCA), as amended, establishes minimum wage, maximum hours, and safety and health standards for work on 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. Provisions: 1. overtime pay requirements for work done over 8 hours in a day or 40 hours in a week 2. a minimum wage equal to the prevailing wage 3. prohibition on employing anyone under 16 years of age or a current convict

Whistleblower Protection Act (WPA) (1989)

The Whistleblower Protection Act (WPA) protects Federal employees and applicants for employment who lawfully disclose information they reasonably believe evidences: 1. a violation of law, rule, or regulation; 2. gross mismanagement; 3. a gross waste of funds; 4. an abuse of authority; 5. a substantial and specific danger to public health or safety. Under the WPA, certain federal employees may not take or fail to take, or threaten to take or fail to take; any personnel action against an employee or applicant for employment because of the employee or applicant's protected whistleblowing.

Immigration and Nationality Act of 1965

The act gives preferences to foreign nationals whose skills are in demand in the U.S. and those who have relatives already living in the U.S. To keep track of foreign nationals, they are required by the act to report their address each year, and records are kept for security and law enforcement agencies. One of the main components aimed to abolish the national-origins quota. This meant that it eliminated national origin, race, and ancestry as basis for immigration. It created a seven-category preference system, which gave priority to relatives of U.S. citizens and legal permanent residents and to professionals and other individuals with specialized skills. It substituted hemispheric limits for the earlier national quota system; for the first time, immigration from the Western Hemisphere was limited (120,000), while the Eastern Hemisphere saw an increase in the number of visas granted (170,000). The Immigration and Nationality Act governs nearly all immigration issues. The law prohibits employers from discriminating against job applicants based on immigration status. It establishes conditions for temporary and permanent employment of aliens in the United States. The law includes provisions that address employment eligibility and employment verification, including requiring employers to verify employees' identity and work authorization.

Work Opportunity Tax Credit (WOTC)

The credit amount for WOTC can be up to $9,600 for each qualified new hire, depending upon the new hires' WOTC target group. Targeted groups include: 1. ex-felons hired no later than 1 year after conviction or release from prison 2. qualified veterans receiving food stamps/ qualified veterans with a service-connected disability who have a hiring date that is not more than 1 year after having been discharged or released from active duty 3. qualified recipients of Temporary Assistance to Needy Families (TANF) 4. Qualified recipients of supplemental security income

Vietnam Era Veterans Readjustment Assistance Act (1974), as amended by the Jobs for Veterans Act (JVA)

The regulations require that contractors establish annual hiring benchmarks for protected veterans. Contractors must use one of two methods to establish their benchmarks. Contractors may choose to establish a benchmark equal to the national percentage of veterans in the civilian labor force The regulations require that contractors document and update annually several quantitative comparisons for the number of veterans who apply for jobs and the number of veterans they hire. Having this data assists contractors in measuring the effectiveness of their outreach and recruitment efforts. The data must be maintained for three years to be used to spot trends. The regulations require that contractors invite applicants to self‐identify as protected veterans at both the pre‐offer and post‐offer phases of the application process. The regulations include sample invitations to self‐identify that contractors may use.

Fair and Accurate Credit Transactions Act (FACT) (2003)

This Act, amending the Fair Credit Reporting Act (FCRA), adds provisions designed to improve the accuracy of consumers' credit-related records. It gives consumers the right to one free credit report a year from the credit reporting agencies, and consumers may also purchase, for a reasonable fee, a credit score along with information about how the credit score is calculated. The Act also requires the provision of "risk-based-pricing" notices and credit scores to consumers in connection with denials or less favorable offers of credit. The Act also adds provisions designed to prevent and mitigate identity theft, including a section that enables consumers to place fraud alerts in their credit files, as well as other enhancements to the Fair Credit Reporting Act. The Fair and Accurate Credit Transaction Act covers the use of third party investigators in workplace investigations.

National Industrial Recovery Act (1933)

This act authorized the President of the United States to regulate industry and permit cartels and monopolies in an attempt to stimulate economic recovery, and established a national public works program. Established to help the US get out of the Great Depression. Proposed "Codes of Fair Competition" for each of several different industries. Every business would have to identify with and belong to a trade association. The association would then be required to create a Code of Fair Competition for the industry. If a business refused the code, its license could be suspended, and that would signal for that business to end all operations.

Fair Labor Standards Act (FLSA) (1938)

This act provides for minimum wages, maximum hours, overtime pay (1.5x pay), and child labor protection. The law, amended many times, covers most employees. Public and private employers who handle at least $500,000 in business annually must comply with the provisions of the FLSA First federal law to require employers to maintain records on employee race and sex identification. Child labor protection: If 14 or 15 years old, workers can't: 1. work more than 3 hours on a school day (Friday included) 2. more than 18 hours per week when school is in session 3. more than 8 hours per day when school is not in session. 4. more than 40 hours per week when school is not in session 5. before 7 am or after 7 pm, except from June 1 to Labor Day, in which the time is extended to 9 pm No limit to the number of hours employees age 16 and older may work in a workweek. No children under the age of 18 can work in any of the 17 most hazardous jobs (mining, manufacturing explosives, using power-driven meat processing or woodworking machines, excavating,demolition etc.,

American Recovery and Reinvestment Act (ARRA) (2009)

This historic legislation seeks to immediately stimulate job creation during these challenging economic times by cutting taxes and investing hundreds of billions of dollars over the next two years in critical sectors such as energy, health care, infrastructure and education. Within the education sector, "the Act" will provide an immediate stimulus to the economy by saving or creating hundreds of thousands of early childhood, K-12 and higher education jobs in states across America that are at risk of state and local budget cuts. It will further create thousands of additional construction jobs related to school modernization projects. In the long-term, "the Act" will strengthen the economy by raising Pell grants and tuition tax credits to help more young people attend college. Importantly, the Act will lay the foundation for a generation of education reform by encouraging states to adopt standards and assessments that ensure that high school graduates are prepared for college or a career, to build robust data systems that allow districts to better track the growth of individual students, to turn around failing schools and embrace innovative new learning models, and to invest heavily in teacher and principal quality initiatives that both elevate the teaching profession and help recruit and retain great teachers and principals for underserved schools and communities.

National Defense Authorization Act (1968)

This is the origin of benefit provisions under FMLA for leaves of absence due to military reasons. Qualifying events include notice of deployment, return from deployment, and treatment for an injury sustained while on deployment. The provision is for up to 26 weeks, which can be taken in increments of a day or less if, for example, treatment is required for a service-related injury.

Small Business Job Protection Act (1996)

This law increased federal minimum wage levels and provided tax incentives to small business owners to protect jobs and increase take-home pay. Created the SIMPLE 401k retirement plan to make pension plans easier for small businesses Employee education incentive- allowed small business owners to exclude up to $5250 form an employee's taxable income for educational assistance provided by the employer Increased the maximum amount of capital expense allowed for a small business to $7000 per year Established the Work Opportunity Tax Credit Provided a tax credit to individuals who adopted a child (up to $5000 per child) and a tax credit up to $6000 for an adoption of a child with special needs

Clayton Antitrust Act (1914)

This law was enacted in 1914 by the United States Congress to clarify and strengthen the Sherman Antitrust Act (1890). Approved July 2, 1890, The Sherman Anti-Trust Act was the first Federal act that outlawed monopolistic business practices. The Sherman Antitrust Act of 1890 was the first measure passed by the U.S. Congress to prohibit trusts. 1. prohibits mergers and acquisitions that would lessen competition 2. prohibits a single person from being a director of two or more competing corporations 3. The Clayton Antitrust Act also protects individuals by allowing lawsuits against companies and upholding the rights of labor to organize and protest peacefully. 4. prohibits predatory and discriminatory pricing

Patent Act

This law was established to protect inventions for 20 years, after which the patent becomes part of the public domain. US Law grants the inventor the right to exclude others from making, using, it selling the invention.

Consolidated Omnibus Budget Reconciliation Act (COBRA)

This legislation is administered by the Department of Labor and 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 hours worked, and transition between jobs, death, divorce, and other life events. According to the Department of Labor, 'COBRA requires continuation coverage to be offered to covered employees, their spouses, their former spouses and their dependent children when group health coverage would otherwise be lost due to certain specific events. Requirements: 1. the employer health plan must be covered under COBRA. An employee health plan falls under COBRA if the employer is a private sector employer, a state government or local government employer and the employer employs at least 20 employees. 2. A qualifying event must occur for Nancy and her family to be entitled to continuation of the group health care coverage under COBRA. Qualifying events for an employee include termination of employment - unless it is a result of gross misconduct - and a reduction in work hours that leads to loss of coverage. 3. When an employee loses coverage and it affects their spouse and children, then the spouse and children are also entitled to COBRA coverage. 4. The individual must be a qualified beneficiary for the qualifying event. A qualified beneficiary is simply someone who was covered by the employer-sponsored health plan on the day before the qualifying event occurred causing the loss of coverage. A qualified beneficiary can be an employee, a spouse, former spouse or dependent child of the beneficiary. Upon the occurrence of a qualifying event, the plan administrator must provide notice to all qualifying beneficiaries of the right to elect continuance of health coverage. The coverage under COBRA is the same coverage that active employees have under the plan. She learns, however, The employer can require that she pay the full costs of the healthcare coverage. Risks: The employer can also charge the dependent an additional two percent of the premium as an allowable administrative charge permitted by COBRA. Typically lasts up to 18 months

Health Insurance Portability and Accountability Act (HIPAA)

This legislation is is administered by the Department of Health & Human Services and requires health care providers and organizations to develop and follow procedures that ensure the confidentiality and security of protected health information when it is transferred, received, handled, or shared. The law also reduces health care fraud and abuse, mandates industry-wide standards for health care information on electronic billing and other processes, and requires the protection and confidential handling of protected health information. On August 21, 1996, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was signed into law (Pub. L. 104-191). HIPAA section 421 makes changes, described below, to three areas in the continuation coverage rules applicable to group health plans under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), as amended. These three areas relate to the disability extension, the definition of qualified beneficiary and the duration of COBRA continuation coverage. Under current law, if an individual is entitled to COBRA continuation coverage because of a termination of employment or reduction in hours of employment, the plan generally is only required to make COBRA continuation coverage available to that individual for 18 months. However, if the individual entitled to the COBRA continuation coverage is disabled (as determined under the Social Security Act) and satisfies the applicable notice requirements, the plan must provide COBRA continuation coverage for 29 months, rather than 18 months. Under current law, the individual must be disabled at the time of the termination of employment or reduction in hours of employment. Individuals entitled to COBRA continuation coverage are called qualified beneficiaries. Individuals who may be qualified beneficiaries are the spouse and dependent children of a covered employee and, in certain cases, the covered employee. HIPAA is an amendment to the COBRA Act. One of the amendments ensures that if an individual was covered under an employer-sponsored health plan, their preexisting condition does not bar them from obtaining new health insurance if the lapse in coverage was less than 63 days.

Fair Credit Reporting Act of 1970

This legislation is is administered by the Federal Trade Commission and regulates the collection, dissemination, and use of consumer information, including consumer credit information. The law ensures fairness, accuracy, and privacy of the personal information contained in the files of the credit reporting agencies. It requires that any person or entity requesting a report must demonstrate a permissible purpose for the information before it is released. Specifically, in order to obtain a consumer report for an applicant or employee (such as a background or credit check), employers must give them a clear written disclosure notifying them that a consumer report may be obtained and request written authorization from the applicant or employee.

Dodd-Frank Wall Street Reform and Consumer Protection Act (2010)

Under Dodd-Frank, the Financial Stability Oversight Council and Orderly Liquidation Authority monitor the financial stability of major financial firms whose failure could have a serious negative impact on the U.S. economy (companies deemed "too big to fail"). The law also provides for liquidations or restructurings via the Orderly Liquidation Fund, established to assist with the dismantling of financial companies that have been placed in receivership and prevent tax dollars from being used to prop up such firms. The Consumer Financial Protection Bureau (CFPB), established under Dodd-Frank, was given the job of preventing predatory mortgage lending (reflecting the widespread sentiment that the subprime mortgage market was the underlying cause of the 2008 catastrophe) and make it easier for consumers to understand the terms of a mortgage before agreeing to them. It deters mortgage brokers from earning higher commissions for closing loans with higher fees and/or higher interest rates and requires that mortgage originators not steer potential borrowers to the loan that will result in the highest payment for the originator. Another key component of Dodd-Frank, the Volcker Rule, restricts the ways banks can invest, limiting speculative trading, and eliminating proprietary trading. Banks are not allowed to be involved with hedge funds or private equity firms, which are considered too risky. In an effort to minimize possible conflicts of interest, financial firms are not allowed to trade proprietarily without sufficient "skin in the game."

Federal Wage Garnishment Law of 1970

Wage Garnishment: withholdings from employee paychecks that are required by a court order or tax levy (issued to satisfy a debt owed by the employer) Court order requires employer to pay a portion of employee's paycheck directly to one of employee's creditors until debt is resolved This law is found in Title III of the Consumer Credit Protection Act (CCPA) of 1968 and applies to all employees and employers This law protects employees in three ways: 1. prohibits employers from terminating employees whose wages are garnished for any one debt, even if the employer receives multiple garnishment orders for the same debt 2. sets limits on the amount that can be garnished in any single week (typically a limit of up to 25% of disposable earnings is set) another potential calculation is multiplying the federal minimum wage ($7.25) by 30 = $217.5 3. defines how disposable earning are to be calculated for garnishment withholdings disposable earnings: what is left in an employee's paycheck after all legally mandated deductions have been made, such as federal and state income tax, Social Security, state and local taxes, disability insurance, and so on Title III allows child-support garnishments of up to 50% of an employee's disposable earnings if the employee is currently supporting a spouse or child and up to 60% if not

Dodd-Frank Act

a law enacted in the aftermath of the financial crisis of 2008-2009 that strengthened government oversight of financial markets and placed limitations on risky financial strategies such as heavy reliance on leverage The Dodd-Frank Act requires public companies to comply with several disclosure and shareholder-voting provisions related to compensation practices. The law also provided the Securities and Exchange Commission with the authority to make rules and provisions regarding these requirements including Say on Pay, Say on Pay Frequency, and Shareholder Disclosure and Approval of Golden Parachutes.

Civil Rights Act (Title VII) (1964)

prohibits discrimination in employment on the basis of race, religion, color, sex, or national origin Penalties: Actual Damages: costs of medical bills, travel to medical appointments, equipment loss reimbursement, lost wages (back pay), lost promotional increase, lost furniture earnings (front pay) Compensatory Damages: dollars to reimburse the victim for "pain and suffering" caused by this illegal discrimination Punitive Damages: dollars assessed by the court to "punish" the employer for treatment of the employee that was egregious in its nature.

Mental Health Parity Act and Equity Act (MHPAEA)

prohibits most group health plans with more than 50 workers from imposing annual or lifetime dollar limits on mental health benefits that are lower--less favorable--than the annual or lifetime dollar limits for medical and surgical benefits offered under the plan.

Newborns' and Mothers' Health Protection Act of 1996

requires health-insurance plans to cover postdelivery hospitalization for at least 48 hours following a normal delivery and 96 hours following a cesarean section.

Tax Reform Act (1986)

restricted the federal income tax exemption of interest for municipal bonds to public purpose bonds, which are bonds issued to finance projects that benefit citizens in general rather than particular private interests Required all dependent children to have Social Security Numbers, thus reducing the number of fraudulent dependent children claimed on income tax returns by 7 million in its first year

Equal Employment Opportunity Act (1972)

· The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information. · Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. · The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.

Worker Adjustment and Retraining Notification Act (WARN)

· the Warn Act was passed by Congress in 1988 to provide some protection for workers in the event of mass layoffs or plant closings · employers with 100 or more fulltime employees or those with 100 or more full- and part-time workers who work in the aggregate 4000 hours or more week are subject to the provisions of the WARN Act · The WARN Act established that a mass layoff occurs when either 500 employees are laid off or 33% of the workforce and at least 50 employees are laid off · A plant closing occurs when 50 or more fulltime employees lose their jobs because a single facility shuts down, either permanently or temporarily · In cases where the employer staggers the workforce reduction over a period of time, care must be taken that appropriate notice is given if the total reductions within a 90-day period trigger the notice requirement