Employment Legislation

NAFTA

North American Free Trade Agreement 1994. Between U.S., Canada, and Mexico. Created one of the world's largest free trade zones and laying the foundations for strong economic growth and rising prosperity for Canada, the U.S., and Mexico.

OSHA

Occupational Safety and Health Act 1970. To provide employees with working conditions that are free of known dangers. Sets and enforces safety standards. Employers with 1+ employees covered. Employers with 11+ employees must keep records of accidents and injuries.

OWBPA

Older Workers Benefits Protection Act 1990. To safeguard older workers' empoloyee benefits from age discrimination. Equal benefit or equal cost principle. Can reduce life insurance coverage if premiums are higher. Employers with 20+ employees covered.

PPACA

Patient Protection and Affordable Care Act - Nicknamed "ObamaCare". In March 2010, the US passed the largest reforms of its health care system since the enactment of the Medicare program in 1965. The combination of two official acts, the Patient Protection and Affordable Care Act of 2010 and the Heath Care and Education Affordability Reconciliation Act of 2010 are considered the PPACA.

PPA

Pension Protection Act 2006. Amended ERISA. Provided protections for defined benefit plans funded soley by employers and safe harbor status for 401k's. Employers with 1+ employees covered.

PDA

Pregnancy Discrimination Act of 1978. Tied to CRA & Title VII. Requires employers to treat pregnancy, childbirth, and related medical conditions the same as oth health related issues. Employers with 15+ employees covered.

Norris-LaGuardia Act (Anti-Injunction Act) 1932

Prohibits "yellow-dog" contracts; prohibits injunctions for nonviolent activity of unions (strikes, picketing, and boycotts); defines "labor dispute" broadly.

Sherman Anti-Trust Act

Prohibits businesses in interstate commerce from contracting, or conspiring to restrain TRADE; prohibits attempting to monopolize the market in a particular area of business.

Executive Order 11246 (Order Number 4)

Prohibits discrimination and requires FEDERAL CONTRACTORS and SUBCONTRACTORS to take positive, results-oriented steps to eliminate employment barriers to women and minorities.

Railway Labor Act

Provides for the right to organize and for majority choice of representatives; covers railroad and airline employees.

Social Security Act

Provides income and health care to retired employees and income to survivors of employees who have dies; covers virtually all employers.

Securities & Exchange Act

Regulated "insider trading." Extends the "disclosure" doctrine of investor protection to securities listed and registered for public trading.

SOX

Sarbanes-Oxley Act - Requires administrators of defined contribution plans to provide notice of covered blackout periods; provides whistleblower protection for employees.

AA

Affirmative Action (DOL/OFCCP) - Penalties and sanctions for non-compliance; withhold payments, debarring, & EEOC/DOL suits.

AAP

Affirmative Action Plan - Created by Executive Order 11246 (Order #4), OFCCP. Requires policy development, workforce analysis, availability analysis (in the immediate labor area), underutilization analysis, goals and timetables, supportive in-house programs, and auditing.

ADEA

Age Discrimination in Employment Act 1967. Protects against discrimination based on age for those age 40 and older. Employees cannot be forced into retirement, unless there is a performance related issue. Employers with 20+ employees covered.

Portal-to Portal Act 1974

Amended FLSA & defined general rules for hours worked (on call, waiting time, prep time, travel, training, meals, breaks, etc.) Employers with 1+ employees covered.

ARRA

American Recovery & Reinvestment Act of 2009. An economic stimulus package enacted by the 111th U.S. Congress and signed into law by President Barack Obama. Employers with 20+ employees covered.

ADA

Americans with Disabilities Act 1990. Prohibits discrimination against individuals with disabilities in all areas of public life; jobs, schools, transportation, etc. (Sutton v. United Airlines). Employers with 15+ employees covered.

ADAAA

Americans with Disabilities Act Amendments Act 2008. Modified the definition of "disability" to be interpreted in favor of broad coverage of individuals. An employer shall focus on finding reasonable accommodations rather than whether or not a disability is qualifying. Employers with 15+ employees covered.

Dodd-Frank Wall Street Reform & Consumer Protection Act 2010

This Act passed as a response to the financial crisis of 2007-2008. It brought the most significant changes to financial regulation in the U.S. since the regulatory reform that followed the Great Depression. The aim of the legislation is To promote the financial stability of the United States by improving accountability and transparency in the financial system, to end "too big to fail", to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes. The Volcker Rule came into effect 5 years later, on 7/21/15, as part of the Dodd-Frank Act; it restricts U.S. banks from making certain kinds of speculative investments that do not benefit their customers (A ban of proprietary trading by commercial banks).

Wagner-Peyser Act of 1933

This act established a nationwide system of public employment offices knows as the Employment Service (also known as Job Service or Workforce Services). The act was amended in 1998 to make the Employment Service part of the One-Stop services delivery system.

Copeland "Anti-Kickback" Act of 1934

This act supplemented the Davis-Bacon Act. Prohibits federal contractors from inducing anyone to give up any portion of the compensation (kickback) to which they are entitled.

ASP

Application Service Provider. A business providing computer-based services to customers over a network; such as access to a particular software application.

Walsh Healey Act (Public Contracts Act)

Applies to U.S. government contracts exceeding $10,000 for the manufacture or furnishing of goods. Establishes overtime pay for hours worked in excess of 40 hours per week and sets the minimum wage equal to the prevailing wage as determined by Secretary of Labor. Prohibits the employment of youths less that 16 yrs of age and convicts (currently in prison).

UGESP

Uniform Guidelines on Employee Selection Procedures 1978. Tied to CRA and Title VII. Established a uniform position concerning employment discrimination & procedures required to eliminate discrimination. (Albermarle Paper v. Moody; Washington v. Davis). Employers with 15+ employees covered.

USERRA

Uniformed Services Employment and Re-employment Rights Act of 1994. Prohibits discrimination against people who serve in the uniformed services. It covers voluntary and involuntary service. Applies to ALL employers.

VEVRAA

Vietnam Era Veterans Readjustment Assistance Act of 1974. Prevents qualified covered vets from being discriminated against & encouraging affirmative Action practices to emplooye them. Enforced by OFCCP Employers with Government contracts worth $150,000 or more

VRA or RA

Vocational Rehabilitation Act of 1973 or Rehabilitation Act (section 503). For government contractors or subcontractors. Intended to increase employment opportunities for disabled people and prevent discrimination. (School Board of Nassau v. Arline) Employers with Government contracts worth $10,000 or more.

WARN

Worker Adjustment and Retraining Notification Act of 1988. Must provide 60 day notice of plant closings and mass layoffs of employees. Employers with 100+ employees covered.

CRA/91

Civil Rights Act 1991. Parties can now obtain jury trials and recover compensatory and punitive damages in Title VII and ADA lawsuits involving intentional discrimination. (Kolstad v. American Dental Assoc.) Employers with 15+ employees covered

CRA (section 1981)

Civil Rights Act of 1866 (Section 1981) - Guarantees that all persons of the United States all have the same right in every state and territory to make and ENFORCE CONTRACTS and to the full and equal benefit of all laws and protections as is enjoyed by white persons. Guarantees all employees the right to nondiscrimination in the creation, performance, modification, and termination of contracts, as well as the enjoyment of contractual relationships.

CRA/64

Civil Rights Act of 1964. Prohibits discrimination based on race, color, national origin, religion, and gender in all terms and conditions of employment. Employers with 15+ employees covered

COBRA

Consolidated Omnibus Budget and Reconciliation Act 1986. Required employers to extend Health Insurance group benefits to terminated or reduced hour employees and their spouse and dependent children. Employers with 20+ employees covered.

Fourth (4th) Amendment (Amendment IV)

Constitution of U.S. of America 1789 (rev. 1992), Amendment IV. Enforced the notion that "each man's home is his castle", secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance. Because government employees work for the government, this amendment places restrictions on how random drug testing is handled for the Public sector. Typically, Random Drug Tests in the public sector should only be done for Law Enforcement jobs or jobs requiring CDL licensure or other types of Licensures that address major safety risks involved with improper or illegal drug use.

Fourteenth (14th) Amendment (Amendment XIV)

Constitution of U.S. of America 1789 (rev. 1992), Amendment XIV. Addresses many aspect of citizenship and the rights of citizens; "equal protection of the laws". Landmark cases based on this law include Brown v. Board of Education (racial discrimination) and University of California v. Bakke (racial quotas in education).

CCPA

Consumer Credit Protection Act 1968 - Limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors.

Trademark Act

Created federal protection for trademarks and service marks.

DWA

Drugfree Workplace Act 1988. For Federal government contractors. Musk have a policy in place for a drug free workplace. Employers with Government contracts worth $25,000-$100,000 or more.

EPPA

Employee Polygraph Protection Act of 1988. Prevents employers from using polygraph tests for pre-employment screeining or during employment with certain exceptions. Public Safety or Pharmacy jobs can use polygraph tests. Employers with 1+ employees covered.

ERISA

Employee Retirement Income Security Act of 1974. Regulates pensions and the administration of employee welfare benefit plans. Employers with 1+ employees covered.

EEOA

Equal Employment Opportunity Act 1972. Expanded CRA/64 to most U.S. employers and allows the EEOC to regulate it. Exception: Job-related, BFOQ, seniority. (Griggs v. Duke; McDonnell Douglas v. Green). Employers with 15+ employees covered

EPA

Equal Pay Act 1963. Amended the FLSA. Provides equal pay for equal work to men & Women. Employers with 1+ employees covered.

Davis-Bacon Act of 1931

Established requirement for paying local prevailing wages on federally funded construction projects in excess of $2000. It applies to contractors and subcontractors working on these projects.

U.S. Patent Act

Established the U.S. Patent and Trademark Office

EO

Executive Orders issued by the U.S. President: 11246 (Order Number 4) 1965 (President Lyndon B. Johnson) - Established requirements for non-discriminatory practices in hiring & employment for federal contractors/subcontractors of $10,000 or more. More specifically, Affirmative Action for women and minorities. 11478 in 1969 (President Richard M. Nixon) - prohibited discrimination (based on race, color, religion, sex, national origin, handicap, and age) in the federal civillian workforce uncluding U.S. Postal Service and civillian employees of the U.S. Armed Forces. Affirmative Action Plans were required for civillian employees. 12138 in 1979 (President Jimmy Carter) - Created a National Women's Business Enterprise Policy and required federal agencies to take Affirmative Action in support of women's business enterprises.

Clayton Act

Exempts Unions from the Sherman Anti-Trust Act; limits the use of injunctions to stop a strike.

Service Contract Act

Extended prevailing rate and benefit requirements to employers providing services under federal government contracts.

FACTA

Fair & Accurate Credit Transactions Act 2003. An amendment to the Fair Credit Reporting Act (FCRA). To protect consumers from identity theft. Regulates how social security (SS) numbers are handled. Employers with 1+ employees covered.

FCRA

Fair Credit Reporting Act (FCRA). U.S. Federal Government legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies.

FLSA

Fair Labor Standards Act of 1938. The wage and hour law. It sets minimum wage standards, overtime pay standards, child labor laws, and record keeping requirements. Defines white collar exemptions with salary and duties test. Employers with 1+ employees covered.

FMLA

Family Medical Leave Act 1993. To provide unpaid, Job protected leave for employees with serious medical conditions (of 3 days or more) or their children, spouse, or parents. Employers with 50+ employees covered.

FUTA

Federal Unemployment Tax Act. A payroll tax paid by employers on employee wages. The tax is 6.2% on the first $7,000 an employee earns; any earning behond that are not taxes. In practice, the actual percentage paid is usually 0.8%.

FCPA

Foreign Corrupt Practices Act of 1977. A U.S. federal law known primarily for two of it's main provisions, one that addresses accounting transparency requirements under the Securities Exchange Act of 1934 and another concerning bribery of foreign officials.

GINA

Genefit Information Nondiscrimination Act 2008. Prohibits discrimination on the basis of genetic information with respect to health insurance and employment. Employers with 15+ employees covered.

HITECH

Health Information Technology for Economic & Clinical Health Act of 2009 (part of ARRA & HIPAA). Promotes the adoption and meaningful use of health information technology. Employers with 20+ employees covered.

HIPAA

Health Insurance Portability and Accountability Act 1996. To provide greater portability in health care coverage. It limits the exclusions for pre-existing conditions. Employers with 20+ employees covered.

IRCA

Immigration Reform and Control Act of 1986. To reduce the number of undocumented immigrants coming into the U.S. for employment. Employers with 1+ employees covered.

LMRA

Labor Management Relations Act (Taft-Hartley Act) 1933 - Prohibits unfair labor practices of unions; outlaws closed shop; prohibits strikes in national emergencies (U.S. President can obtain an injunction to stop these "emergency strikes"); prohibits featherbedding (when Unions require employers to hire staff that are NOT needed); requires both parties to bargain in good faith; covers non-managerial employees in private industry (not covered by Railway Labor Act.)

LMRDA

Labor Management Reporting and Disclosure Act (Landrum-Griffin Act) 1959 - Establishes a Bill of Rights for union members; establishes reporting requirements for labor organizations, officers, employees, employers, and labor-relations consultants, & surety companies; establishes election standards; outlines procedures for redressing internal union problem; protects the right of union members from corrupt or discriminatory labor unions; covers all labor organizations.

LLFPA

Lilly Ledbetter Fair Pay Act of 2009. The first bill signed into law by President Barack Obama. Amends the Civil Rights act of 1964. The new act states that the 180-day statue of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action.

MHPA

Mental Health Parity Act of 1996. This act requires annual or lifetime dollar limits on mental health benefits to be no lower than any such dollar limits for medical and surgical benefits offered by a group health plan or health insurance issuer offering coverage in connection with a group plan.

NDAA

National Defense Authorization Act 2014. A U.S. federal law specifying the budget and expenditures of the U.S. Department of Defense. Employers with 50+ employees covered.

NIRA

National Industrial Recovery Act. Guarantees employees the right to join unions and bargain collectively; was declared unconstitutional by the Supreme Court in 1935; replaced by the NLRA.

NLRA

National Labor Relations Act (Wagner Act) 1935. Established the legal right for workers to join unions and bargain collectively;. Established five (5) unfair labor practices of employers and gave more power to unions; prohibited closed shop unions; allows states to prohibit agency shop unions. Employers with 1+ employees covered.