U.S. Laws & Regulations

Ricci v. DeStefano (2009)

"...under Title VII, before an employer can engage in intentional discrimination for the asserted purpose of avoiding or remedying an unintentional disparate impact, the employer must have a strong basis in evidence to believe it will be subject to disparate-impact liability if it fails to take the race-conscious, discriminatory action."

McKennon v. Nashville Banner Publishing Co. (1995)

"After-acquired" evidence collected following a negative employment action cannot protect an employer from liability under Title VII or ADEA, even if the conduct would have justified terminating the employee.

Harris v. Quinn (2014)

"The First Amendment prohibits the collection of an agency fee from [employees] who do not want to join or support the union." Essentially, this eliminates the Agency Shop.

Obtaining PHI under false pretenses can result in fines of up to:

$100,000 and 5 years in prison.

Obtaining or disclosing PHI with the intent of selling, transferring, or using it to obtain commercial advantage or personal gain can be punished with a fine of up to:

$250,000 and 10 years in prison.

Ledbetter v. Goodyear Tire & Rubber Co. (2007)

A claim of discrimination must be filed within 180 days of the first discriminatory employment act and the clock does not restart after each subsequent act (for example, issuance of a paycheck with lower pay than coworkers if based on sex). Congress overruled this decision with passage of the Lilly Ledbetter Fair Pay Act of 2009, which says the clock will restart each time another incident of discrimination occurs.

Burwell v. Hobby Lobby Stores, Inc. (2014)

A closely held private corporation cannot be forced to pay for contraceptives as part of the Affordable Care Act if there is an objection based on religious beliefs of the business owners.

School Board of Nassau v. Arline (1987)

A person with a contagious disease is covered by the Rehabilitation Act if they otherwise meet the definitions of "handicapped individual."

General Dynamics Land Systems, Inc. v. Cline (2004)

ADEA does not protect younger workers, even those over 40, from workplace decisions that favor older workers.

Smith v. Jackson, Mississippi (2005)

ADEA, like Title VII, offers recovery on a disparate impact theory.

United Steelworkers v. Weber (1979)

Affirmative action plans are permissible if they are temporary and intended to "eliminate a manifest racial imbalance."

City of Richmond v.J.A. Croson Company (1989)

Affirmative action programs can only be maintained by showing that the programs aim to eliminate the effects of past discrimination.

Hazelwood School District v. U.S. (1977)

An employee can establish a prima facie case of class hiring discrimination through the presentation of statistical evidence by comparing the racial composition of an employer's workforce with the racial composition of the relevant labor market.

Connecticut v. Teal (1982)

An employer is liable for racial discrimination when any part of its selection process, such as an unvalidated examination or test, has a disparate impact even if the final result of the hiring process is racially balanced. In effect, the Court rejects the "bottom line defense" and makes clear that the fair employment laws protect the individual. Fair treatment to a group is not a defense to an individual claim of discrimination.

Bragdon v. Abbott (1998)

An individual with asymptomatic HIV is an individual with a disability and therefore is protected by the ADA. Reproduction is a major life activity under the statute.

Kennedy v. Plan Administrators for Dupont Savings (2009)

Awarded retirement benefits to an ex-spouse even though she had agreed to disclaim such benefits, because the retiree had never changed beneficiary designation on the retirement plan. Points out the need for retirement plan administrators to pay attention to divorce decrees and qualified domestic relations orders.

The Employee Polygraph Protection Act (1988)

Before 1988, it was common for employers to use "lie detectors" as tools in investigations of inappropriate employee behavior. That changed when this act prohibited the use of lie detector tests for job applicants and employees of companies engaged in interstate commerce. Exceptions are made for certain conditions, including law enforcement and national security. There is a federal poster requirement.

E. I. DuPont & Company v. NLRB (1993)

Board concluded that DuPont's six safety committees and fitness committee were employer-dominated labor organizations and that DuPont dominated the formation and administration of one of them in violation of the NLRA.

The Portal-to-Portal Act (1947)

By amending the Fair Labor Standards Act (FLSA), this law defines "hours worked" and establishes rules about payment of wages to employees who travel before and/or after their scheduled work shift. The act provides that minimum wages and overtime are not required for "traveling to and from the actual place of performance of the principal activity or activities which such employee is to perform" or for "activities which are preliminary to or postliminary to said principal activity or activities," unless there is a custom or contract to the contrary.

EEOC v. Waffle House (2002)

Case in which Supreme Court ruled that even if there is a mandatory arbitration agreement in place, a relevant civil rights agency can still sue on behalf of the employee.

PepsiCo, Inc. v. Redmond (1995)

Case in which district court applied inevitable disclosure doctrine even though there was no non-compete agreement in place.An employee who had left his position in marketing PepsiCo's All Sport sports drink to work for Quaker Oats Company and market Gatorade and Snapple drinks was enjoined from working for Quaker because he had detailed knowledge of PepsiCo's trade secrets pertaining to pricing, market strategy, and selling/ delivery systems.

Wright v. Universal Maritime Service Corp. (1998)

Collective bargaining agreements must contain a clear and unmistakable waiver if it is to bar an individual's right to sue after an arbitration requirement.

The Consumer Credit Protection Act (1968)

Congress expressed limits to the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors. This law also prohibits employee dismissal because of garnishment for any one indebtedness.

The FAA Modernization and Reform Act (2012)

Congress took these actions in 2012 to amend the Railway Labor Act to change union certification election processes in the railroad and airline industries and impose greater oversight of the regulatory activities of the National Mediation Board. This law requires the Government Accountability Office (GAO) initially to evaluate the NMB's certification procedures and then audit the NMB's operations every two years.

Meritor Savings Bank v.Vinson (1986)

Defined "Hostile Environment Sexual Harassment" as a form of sex discrimination under Title VII. Further defined it as "unwelcome" advances of a sexual nature.Victim's failure to use employer's complaint process does not insulate the employer from liability.

Vance v. Ball State Univ. (2013)

Determined that an employee is a "supervisor" of another employee for purposes of liability under Title VII of the Civil Rights Act of (1964 only if he or she is empowered by the employer to take tangible employment actions against the other employee.

Faragher v. City of Boca Raton (1998)

Distinguished between supervisor harassment that results in tangible employment action and that which does not.When harassment results in tangible employment action, the employer is liable. Employers may avoid liability if they have a legitimate written complaint policy, it is clearly communicated to employees, and it offers alternatives to the immediate supervisor as the point of contact for making a complaint.

Grutter v. Bollinger (2003)

Diversity of a student body is a compelling state interest that can justify the use of race in university admissions as long as the admissions policy is "narrowly tailored" to achieve this goal. University of Michigan did not do so for its undergraduate program but the law school admissions program satisfied the standard.

Leggett v. First National Bank of Oregon (1987)

Employer invades privacy of employee when a company representative contacted the employee's psychologist (to whom the employee had been referred by an EAP—employee assistance program), inquiring about the employee's condition.

Johnson v. Santa Clara County Transportation Agency (1987)

Employer was justified in hiring a woman who scored 2 points less than a man because it had an affirmative action plan that was temporary, flexible, and designed to correct an imbalance of white males in the workforce.

Phillips v. Martin Marietta Corp. (1971)

Employers may not have different policies for men and women with small children of similar age.

Gibson v. West (1999)

Endorses EEOC's position that it has the legal authority to require federal agencies to pay compensatory damages when EEOC has ruled during the administrative process that the federal agency has unlawfully discriminated in violation of Title VII.

Pension Protection Act (PPA) (2006)

Focused solely on pensions, this law requires employers that have under-funded pension plans to pay a higher premium to the Pension Benefit Guarantee Corporation (PBGC). It also requires employers that terminate pension plans to provide additional funding to those plans. This legislation impacted nearly all aspects of retirement planning, including changes to rules about Individual Retirement Accounts (IRAs).

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

Here are modifications to the Internal Revenue Code that adjust pension vesting schedules, increasing retirement plan limits, permitting pre-tax catch-up contributions by participants over the age of 50 in certain plans (which are not tested for discrimination when made available to the entire workforce) and modification of distribution and rollover rules.

Erie County Retirees Association v. County of Erie (2000)

If an employer provides retiree health benefits, the health insurance benefits received by Medicare-eligible retirees cost the same as the health insurance benefits received by younger retirees.

McDonnell Douglas Corp. v. Green (1973)

In a hiring case, the charging party only has to show (I) The charging party is a member of a Title VII protected group; (2) He or she applied and was qualified for the position sought; (3) The job was not offered to him or her; (4) The employer continued to seek applicants with similar qualifications.Then the employer must show a legitimate business reason why the complaining party was not hired.The employee has a final chance to prove the employer's business reason was really pretext for discrimination. Establishes the criteria for disparate treatment discrimination.

Harris v. Forklift Systems Inc. (1993)

In a sexual harassment complaint, the employee does not have to prove concrete psychological harm to establish a Title VII violation.

Watson v. Fort Worth Bank& Trust (1988)

In a unanimous opinion, the Supreme Court declared that disparate impact analysis can be applied to subjective or discretionary selection practices.

Pennsylvania State Police v. Suders (2004)

In the absence of a tangible employment action, employers may use the Ellerth/Faragher defense in a constructive discharge claim when supervisors are charged with harassment.

The National Labor Relations Act (NLRA) (1935)

It initially provided that employees have a right to form unions and negotiate wage and hour issues with employers on behalf of the union membership. Specifically, the NLRA grants employees rights to organize, join unions, and engage in collective bargaining and other "concerted activities." It also protects against unfair labor practices by employers.

Provisions of The Norris-LaGuardia Act

It prohibited "yellow-dog" contracts. Those were agreements in which employees promised employers that they would not join unions. This new law declared such contracts to be unenforceable in any federal court. It prohibited federal courts from issuing injunctions of any kind against peaceful strikes, boycotts, or picketing when used by a union in connection with a labor dispute. It defined labor dispute to include any disagreement about working conditions.

Regents of University of California v. Bakke (1978)

Medical school admission set asides (16 of 100 seats) were illegal if they discriminate against whites and there is no previous discrimination against minorities established.

Ronald Lesch v. Crown Cork and Seal Company (2001)

NLRB decision that lifted some restrictions on the employer's use of employee participation committees.

Oil Capitol Sheet Metal, Inc. v. NLRB (2007)

NLRB decision that provides employers relief in salting cases by announcing a new evidentiary standard for determining the period of back pay; requires the union to provide evidence that supports the period of time it claims the salt would have been employed.

Syracuse University v. NLRB (2007)

NLRB found that an employee grievance panel did not violate the NLRA because the purpose of the panel was not to deal with management but to improve group decisions.

Electromation, Inc. v. NLRB (1992)

NLRB held that action committees at Electromation were illegal "labor organizations" because management created and controlled the groups and used them to deal with employees on working conditions in violation of the NLRA.

Specialty Healthcare and Rehabilitation Center of Mobile (2011)

NLRB indicated that, in non-acute healthcare facilities, it will certify smaller units for bargaining unless the employer provides overwhelming proof of a community of interest.

UGL-UNICCO Service Company v. NLRB (2011)

NLRB re-established the successor bar doctrine, allowing unions a window of six months to one year of presumed majority support after the transfer of ownership of a business.

D. R. Horton, Inc. v. NLRB (2012)

NLRB ruled that requiring employees to agree to a class action waiver as a term and condition of employment violates Section 7 of the National Labor Relations Act.

Dana Corporation/ Metaldyne Corporation v. NLRB (2007 and 2011)

NLRB ruling that a recognition bar, which precludes a decertification election for 12 months after an employer recognizes a union, does not apply when the recognition is voluntary, based on a card check. Overruled in 2011 in Lamons Gasket, which restored the recognition bar for voluntary recognition but revised the prohibited time period from one year to a minimum of six months up to a year.

Toering Electric Company v. NLRB (2007)

NLRB ruling that an applicant for employment must be genuinely interested in seeking to establish an employment relationship with the employer in order to be protected against hiring discrimination based on union affiliation or activity; creates greater obstacles for unions attempting salting campaigns.

Phoenix Transit System v. NLRB (2002)

NLRB ruling that struck down an employer rule prohibiting employees from discussing among themselves an employment complaint—in this instance, a complaint of sexual harassment—on the grounds that the prohibition was not limited in time and scope and interfered with a protected concerted activity.

Espinoza v. Farah Manufacturing Co. (1974)

Non-citizens are entitled to Title VII protection. Employers who require citizenship may violate Title VII if it results in discrimination based on national origin.

Nixon signed this act into law

Occupational Safety and Health Act created an administrative agency within the U.S. Department of Labor called the Occupational Safety and Health Administration (OSHA). It also created the National Institute of Occupational Safety and Health (NIOSH), which resides inside the Centers for Disease Control (CDC).

NLRB v. Weingarten, Inc. (2004)

On June 9, 2004, NLRB ruled by a 3-2 vote that employees who work in a nonunionized workplace are not entitled to have a coworker accompany them to an interview with their employer, even if the affected employee reasonably believes that the interview might result in discipline.This decision effectively reversed the July 2000 decision of the Clinton board, which had extended Weingarten rights to nonunion employees.

The Railway Labor Act (1926)

Originally, this law was created to allow railway employees to organize into labor unions. Over the years, it has been expanded in coverage to include airline employees. Covered employers are encouraged to use the Board of Mediation, which has since morphed into the National Mediation Board (NMB), a permanent independent agency.

Corning Glass Works v. Brennan (1974)

Pay discrimination cases under the Equal Pay Act require the employee to prove that there is unequal pay based on sex for substantially equal work.

Taxman v. Board of Education of Piscataway (1993)

Race in an affirmative action plan cannot be used to trammel the rights of people of other races.

Albermarle Paper v. Moody (1975)

Requires employer to establish evidence that an employment test is related to the job content. Job analysis could be used to show that relationship, but performance evaluations of incumbents are specifically excluded.

University of Texas Southwestern Medical Center. v. Nassar (2013)

Retaliation claims brought under Title VII of the Civil Rights Act of 1964 must be proved according to principles of "but-for-causation," not the lesser causation test applicable to bias claims.

Circuit City Stores v. Adams (2001)

Ruled that a pre-hire employment application requiring that all employment disputes be settled by arbitration was enforceable under the Federal Arbitration Act.

Oncale v. Sundowner Offshore Service, Inc. (1998)

Same-gender harassment is actionable under Title VII.

Staub v. Proctor (2011)

Supreme Court applied the "cat's paw" principle to a wrongful discharge case, finding that an employer was culpable because the HR manager did not adequately investigate supervisors' charges against the fired employee.

NLRB v. Town & Country Electric (1995)

Supreme Court decision related to salting that held that a worker may be a company's "employee," within the terms of the National Labor Relations Act, even if, at the same time, a union pays that worker to help the union organize the company.

United Auto Workers v. Johnson Controls (1991)

Supreme Court held that decisions about the welfare of future children must be left to the parents who conceive, bear, support, and raise them rather than to the employers who hire their parents.

Kepas v. Ebay (2011)

Supreme Court refused to review a lower court decision that held in an employment case that a cost provision was severable from the balance of an arbitration agreement.The cost provision was unenforceable, but the agreement to arbitrate was enforceable.

DeBartolo Corp. v. Gulf Coast Trades Council (1988)

Supreme Court ruled that bannering, hand billing, or attention-getting actions outside an employer's property were permissible.

AT&T Mobility v. Concepcion (2011)

Supreme Court ruled that some state statutes restricting the enforceability of arbitration agreements in a commercial context may be preempted by the Federal Arbitration Act.

AKA The Wagner Act

The National Labor Relations Act (NLRA) (1935)

EEOC v. Shell Oil Co. (1984)

The Supreme Court affirmed authority of EEOC Commissioners to initiate charges of discrimination through "Commissioner Charges."

The Equal Pay Act (EPA) (Amendment to the FLSA) (1963)

The act is an amendment to the FLSA and is enforced by the EEOC. It prohibits employers from discriminating on the basis of sex by paying wages to employees at a 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. It does not address the concept of comparable worth.

Occupational Safety and Health Administration (OSHA)

The federal agency within the Department of Labor that is responsible for safety in workplaces other than mines.

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

The financial privacy of employees and job applicants was enhanced in 2003 with these amendments to the Act, providing for certain requirements in third-party investigations of employee misconduct charges. Employers are released from obligations to disclose requirements and obtain employee consent if the investigation involves suspected misconduct, a violation of the law or regulations, or a violation of pre-existing written employer policies. A written plan to prevent identity theft is required.

The Copeland "Anti-Kickback" Act (1934)

This act precludes a federal contractor or subcontractor from inducing an employee to give up any part of his or her wages to the employer for the benefit of having a job.

Wards Cove Packing Co. v. Antonio (1989)

This decision made it more difficult for employees to prevail in employment discrimination cases. It was effectively overturned by Congress when it passed the Civil Rights Act of 1991.

Price Waterhouse v. Hopkins (1989)

This decision relieved employers of liability if they would have made the same decision even if there had been no discrimination. Congress overturned the ruling providing that employers continue to have liability for injunctive relief, attorney fees, and costs even if they would have made the same decision in the absence of illegal discrimination.

The Electronic Communications Privacy Act (ECPA) (1986)

This is actually and uniquely a law composed of two pieces of legislation, the Wiretap Act and the Stored Communications Act. Combined, they provide rules for access, use, disclosure, interpretation, and privacy protections of electronic communications, and provide the possibility of both civil and criminal penalties for violations. They prohibit interception of e-mails in transmission and access to e-mails in storage. The implications for HR have to do with recording employee conversations. Warnings such as "This call may be monitored or recorded for quality purposes" are intended to provide the notice required by this legislation. Having cameras in the workplace to record employee or visitor activities is also covered and notices must be given to anyone subject to observation or recording. Recording without such a notice can be a violation of this act. If employers make observations of employee activities and/or record telephone and other conversations between employees and others, and proper notice is given to employees, employees will have no expectation of privacy during the time they are in the workplace.

The Immigration Reform and Control Act (IRCA) (1986)

This is the first law to require new employees to prove both their identity and right to work in this country. Regulations implementing this law created the Form I-9i, which must be completed by each new employee and the employer. Form I-9 has changed many times since 1986. Please be sure you keep track of the changes as they are issued by the government and that you are using the most current version of the form. There are document retention requirements. The law prohibits discrimination against job applicants on the basis of national origin or citizenship. It establishes penalties for employers who hire illegal aliens.

The Employee Retirement Income Security Act (ERISA) (1974)

This law doesn't require employers to establish pension plans, but governs how those plans are managed once they are established. It establishes uniform minimum standards to ensure that employee benefit plans are established and maintained in a fair and financially sound manner; protects employees covered by a pension plan from losses in benefits due to job changes, plant closings, bankruptcies, or mismanagement; and protects plan beneficiaries. It covers most employers engaged in interstate commerce. Public-sector employees and many churches are not subject to ERISA. Employers who offer retirement plans must also conform with IRS code in order to receive tax advantages.

The Health Insurance Portability and Accountability Act (HIPAA) (1996)

This law ensures that individuals who leave or lose their jobs can obtain health coverage even if they or someone in their family has a serious illness or injury, or is pregnant. It also provides privacy requirements related to medical records for individuals as young as 12 years old. It also limits exclusions for pre-existing conditions, and guarantees renewability of health coverage to employers and employees, allowing people to change jobs without the worry of loss of coverage. It also restricts the ability of employers to impose actively-at-work requirements as preconditions for health plan eligibility, as well as a number of other benefits.

The Needlestick Safety and Prevention Act (2000)

This law modifies the Occupational Safety and Health Act by introducing a new group of requirements in the medical community. Sharps, as they are called, are needles, puncture devices, knives, scalpels, and other tools that can harm either the person using them or someone else. The law and its regulations provides rules related to handling these devices, disposing of them, and encouraging invention of new devices that will reduce or eliminate the risk associated with injury due to sharps. Sharps injuries are to be recorded on the OSHA 300 log with "privacy case" listed and not the employee's name.

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

This law offers a very wide range of mandates affecting all federal financial regulatory agencies and almost every part of the nation's financial services industry. It includes a non-binding vote for shareholders on executive compensation, golden parachutes, and return of executive compensation based on inaccurate financial statements. Also included are requirements to report CEO pay compared to the average employee compensation and provision of financial rewards for whistleblowers.

The Personal Responsibility and Work Opportunity Reconciliation Act (1996)

This law requires all states to establish and maintain a New Hire Reporting System designed to enhance enforcement of child support payments. It requires welfare recipients to begin working after two years of receiving benefits. States may exempt parents with children under age one from the work requirements. Parents with children under the age of one may use this exemption only once; they cannot use it again for subsequent children. These parents also are still subject to the five-year time limit for cash assistance. HR professionals will need to establish and maintain reporting systems to meet these tracking requirements.

The Davis-Bacon Act (1931)

This law requires contractors and subcontractors on certain federally funded or assisted construction projects over $2,000 in the United States to pay wages and fringe benefits at least equal to those prevailing in the local area where the work is performed. This law applies only to laborers and mechanics. It also allows trainees and apprentices to be paid less than the predetermined rates under certain circumstances

The Clayton Act (1914)

This legislation modified the Sherman Anti-Trust Act by prohibiting mergers and acquisitions that would lessen competition. It also prohibited a single person from being a Director of two or more competing corporations. The act also restricts the use of injunctions against labor and legalized peaceful strikes, picketing, and boycotts.

The Fair Credit Reporting Act (FCRA) (1970)

This was the first major legislation to regulate the collection, dissemination, and use of consumer information, including consumer credit information. It requires employers to notify any individual in writing if a credit report may be used in making an employment decision. Employers must also get a written authorization from the subject individual before asking a credit bureau for a credit report. It also protects the privacy of background investigation information and provides methods for insuring that information is accurate. Employers who take adverse action against a job applicant or current employee based on information contained in the prospective or current employee's consumer report will have additional disclosures to make to that individual.

IBP, Inc. v. Alvarez (2005)

Time spent donning or doffing unique safety gear is compensable and the FLSA requires payment of affected employees for all the time spent walking between changing and production areas.

The Copyright Act (1976)

Title 17 of the U.S. Code, offers protection of "original works" for authors so others may not print, duplicate, distribute, or sell their work. In 1998, the 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. If anyone in the organization writes technical instructions, policies and procedures, manuals, or even e-mail responses to customer inquiries, it would be a good idea to speak with your attorney and arrange some copyright agreements to clarify whether the employer or the employee who authored those documents will be designated the copyright owner. Written agreements can be helpful in clearing any possible misunderstanding.

St. Mary's Honor Center v. Hicks 1993

Title VII complaints require the employee to show that discrimination was the reason for a negative employment action.

Robinson v. Shell Oil (1997)

Title VII prohibition against retaliation protects former as well as current employees.

McDonald v. Santa Fe Transportation (1976)

Title VII prohibits racial discrimination against whites as well as blacks.

Kolstad v. American Dental Association (1999)

Title VII punitive damages are limited to cases in which the employer has engaged in intentional discrimination and has done so "with malice or with reckless indifference..."

Leonel v. American Airlines (2005)

To make a legitimate job offer under the ADA, an employer must have completed all nonmedical components of the application process or be able to demonstrate that it could not reasonably have done so before issuing the offer.

O'Connor v. Consolidated Coin Caterers Corp. (1996)

To show unlawful discrimination under the Age Discrimination in Employment Act, a discharged employee does not have to show that he or she was replaced by someone outside the protected age group (that is under age 40).

Provisions of the FLSA are enforced by:

U.S. Department of Labor's Wage and Hour Division

Trans World Airlines, Inc. v. Hardison (1977)

Under Title VII, employers must reasonably accommodate an employee's religious needs unless doing so would create an undue hardship for the employer.The Court defines hardship as anything more than de minimis cost.

Griggs v. Duke Power Co. (1971)

When an employer uses a neutral test or other selection device and then discovers it has a disproportionate impact on minorities or women, the test must be discarded unless it can be shown that it was required as a business necessity; this was the first Supreme Court recognition of adverse impact discrimination.

Washington v. Davis (1976)

When an employment test is challenged under constitutional law, intent to discriminate must be established. Under Title VII there is no need to show intent, just the impact of test results.

LaRue v. DeWolff (2008)

When retirement plan administrators breach their fiduciary duty to act as a prudent person would act in investment of retirement funds, the employee whose retirement account lost money can sue the plan administrators.

The Norris-LaGuardia Act (1932)

When unions tried to use strikes and boycotts, employers would trot into court and ask for an injunction to prevent such activity. More often than not, they were successful and judges provided the injunctions. Congress had been pressured by organized labor to restore their primary tools that could force employers to bargain issues unions saw as important.

A conviction for obtaining or disclosing PHI can result in a:

fine of up to $50,000 and 1 year in prison.

The Foreign Corrupt Practices Act (FCPA) (1997)

prohibits American companies from making bribery payments to foreign officials for the purpose of obtaining or keeping business. Training for employees who are involved with international negotiations should include a warning to avoid anything even looking like bribery payment to a foreign company or its employees.

The Health Information Technology for Economic and Clinical Health Act (HITECH) (2009)

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. Enacted as part of the American Recovery and Reinvestment Act (ARRA), this law made several changes to HIPAA, including the establishment of a federal standard for security breach notifications that requires covered entities, in the event of a breach of any personal health records (PHI) information, to notify each individual whose PHI has been disclosed without authorization.

The Labor-Management Relations Act (LMRA) (1947) AKA Taft-Hartley Act

this is the first national legislation that placed controls on unions. It prohibits unfair labor practices by unions and outlaws closed shops, where union membership is required in order to get and keep a job. Employers may not form closed shop agreements with unions. It requires both parties to bargain in good faith and covers non-management employees in private industry who are not covered by the Railway Labor Act.

Omnibus Budget Reconciliation Act (OBRA) (1993)

this legislation reduces compensation limits in qualified retirement programs and triggers increased activity in nonqualified retirement programs. It also calls for termination of some plans.