Laws and Regulations

The Mine Safety and Health Act of 1977 - MSHA Enforcement

- MSHA has a team of federal inspectors that conduct on-site audits of mining operations -MSHA has the authority to cite mine operators for violations of its regulations, and citations can carry a $1000 daily penalty in some circumstances

Americans with Disabilities Act (ADA) of 1990 - Provisions and Protections

- Title I applies to employers with 15 or more workers on the payroll - these employers cannot discriminate against a physically or mentally disabled individual in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment -qualified individuals with a disability are to be treated as other job applicants and employees are treated -if a job accommodation is required for a qualified individual to perform the assigned job, employers are required to provide that accommodation or recommend an alternative that would be equally effective -the interactive process between employers and employees should result in an accommodation or explanation about why making the accommodation would provide an undue hardship on the employer -Title I is enforced by the EEOC -part of the interactive discussion about accommodation requests involves the employer investigating other accommodations that may be equally effective yet lower in cost or other resource requirements -employers are not obligated to accept the employee's request without alternation

The Securities and Exchange Act of 1934

- a federal law - when companies go public by issuing common stock for trade, it is done on the "primary market" -law provides governance on "secondary market" which is all trading after the initial public offering -also created the Securities and Exchange Commission, which has oversight authority for the trading of stocks in this country -extends disclosure doctrine of investor protection to securities listed and registered for public trading on any of the U.S. exchanges

The Mine Safety and Health Act of 1977 - Recordkeeping Requirements

- employers engaged in mining operations must inspect their worksites and document the results, reflecting hazards and actions taken to reduce or eliminate the hazards -employees are to be given access to info related to accident prevention, fatal, accident stats for the year, and instructions of specific hazards they will face while working in mine -requirements detail the content of written emergency response plans, emergency mapping, and rescue procedures -individual employee exposure records must be maintained -each mine operator is required to conduct surveys of mine exposures and hazards, have a plan to deal with those problems, and keep a record of those results

ADA Amendments of 2008

- following a few court decisions (ex: Sutton vs. United Airlines and Toyota Motor Manufacturing, Kentucky, Inc vs William), Congress felt that the Court had been too restrictive in its interpretation of who qualifies as disabled; Congress intended to be broader in that definition -Congress passed the ADA Amendments Act to capture a wider range of people in the disabled classification -a disability is now defined as "an impairment that substantially limits one or more major like activities having a record of such an impairment, or being regarded as having such an impairment" -in determining whether someone is disabled, there may be no consideration of mitigating circumstances (ex: in the past we used to say that employees who have prosthetics or are taking medication have their disability "controlled", making them no longer disabled - epilepsy and diabetes used to not be considered disabilities if being controlled with medication) - now because the law prohibits a consideration of either medication or prosthesis, they are considered disabilities -the only specifically excluded condition is one involving eye glasses and contract lenses - Congress stated having a corrected vision problem is eye glasses or contact lenses are worn may not constitute a disability under the law -an individual can be officially disabled but quite able to do his or her job without an accommodation of any sort.

The Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) of 1974

- was amended by the. Jobs for Veterans Act of 2008 -current covered veterans include the following: *disabled veterans *veterans who served on active duty in the U.S. military during a war or campaign or expedition for which a campaign badge was awarded *veterans who, while serving on active duty in the Armed Forced, participated in a U.S. military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 *recently separated veterans (veterans within 36 months from discharge or release from active duty) -these requirements apply to all federal contractors with a contract valued at $25,000 or more, regardless of the number of total employees -this veteran support legislation requires all employers subject to the law to post their job openings with their local state employment service. There are three exceptions to this requirement: *jobs that will last three days or less *jobs that will be filled by an internal candidate *jobs that are senior executive positions -affirmative action outreach and recruiting of veterans is required for federal contractors meeting the contract value threshold

The FAA Modernization and Reform Act (2012)

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

The Consumer Credit Protection Act of 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 Taxpayer Relief Act of 1997

-Congress wanted to give taxpayers a couple of ways to lower their tax payments during retirement, so the Taxpayer Relief Act was passed to create new savings programs called Roth IRAs and Education IRAs. Many individuals were able to achieve a better tax position through these tools. -many individuals were able to achieve a better tax position through these tools

ADA Enforcement

-EEOC enforces Title I of the ADA - agency will accept complaints of illegal discrimination based on mental or physical disability -once an employee has established that he or she is disabled and claims that he or she has been prohibited some employment benefit because of the disability (hiring, promotion, access to training, or inappropriate termination_ there is a prima facie case (meaning it's true on its surface) -the EEOC then notified the employer of the complaint and asks for the employer's response; this process can work back and forth from employer response to employee response for several cycles -ultimately, the agency will determine that the case has cause (was a valid claim of discrimination), the case had no cause (claim could not be substantiated), or the case was closed for administrative purposes (employee asked for case to be closed, or time for an investigation expired) -each of these three outcomes is followed by a "right to sue" letter, allowing the employee to get an attorney and file a lawsuit in federal court seeking remedies under the law -once a complaint (called a charge of illegal discrimination) is filed with the EEOC, employers are instructed to cease talking about that issue directly with their employee - all conversation about the complaint must be direct through the EEOC (provides strong incentive to resolve complaints internally before they reach the formal external complaint stage)

FLSA - Wages

-FLSA establishes a federal minimum wage -prohibits shipment of goods in interstate commerce that were produced in violation of minimum wage, overtime pay, child labor, or special minimum wage provisions of the law -workplace poster is required to notify employees of federal minimum wage

Genetic Information Nondiscrimination Act (GINA) of 2008

-GINA prohibits employers from using genetic information to make employment decisions -this legislation was brought about by insurance companies using information to determine who would likely have expensive diseases in the future -that information allowed decisions to exclude them from hiring or enrollment in medical insurance programs *with the implementation of this law, those considerations are no longer legal

The Occupational Safety and Health Act of 1970 - Recordkeeping Requirements

-OSHA requires that records be kept for many purposes -Records are necessary to document inspections of the workplace and when looking for safety and health hazards -Necessary to document and make available to employees records about hazardous materials and how they must be properly handled -employers with ten or more people on the payroll must summarize all injury and illness instances and post that summary in a conspicuous place within the workplace (must be posted from February 1st to April 30th each year) -some employers may be exempt from OSHA record keeping requirements; generally classified by industry Standard Industrial Classification (SIC) code -anytime there is a serious or fatal accident, a full incident report must be prepared by the employer and maintained in the safety file (files must be maintained for a minimum of 5 years from date of incident) -Log of occupational injury or illness: must include a record of each incident resulting in medical treatment (other than first aid), loss of consciousness, restriction of work or motion, or transfer or termination of employment -employers in the medical industry, construction industry, or manufacturing industry, or in an industry that uses nuclear materials of any kind, there are additional requirements -training if often provided by employers to meet hazard communication requirements

ADA - Recordkeeping Requirements

-The ADA and its amendment does not require employers to create job descriptions, however, smart employers are doing that in order to identify physical and mental requirements of each job -job descriptions make it easy to identify essential job functions that any qualified individual would have to perform, with or without accommodation -it is easier to administer job accommodation request procedures and to defend against false claims of discrimination when an employer has job descriptions that clearly list all of the job's requirements -ex: if a job requires an incumbent to drive a delivery truck, driving would be an essential function of that job - a disability that prevents the incumbent from driving the truck would likely block that employee from working - unless an accommodation could be found that would permit the incumbent to drive in spite of the disability -temporary suspension of duty does not equate to permanent job accommodation - if that temporary suspension means the incumbent is no longer responsible for performing an essential job function, the job could not be performed as it was designed by the employer - it is not necessary for the employer to redesign job content to make a job accommodation - this is known as job reassignment, and should not be confused with job accommodation -EEOC procedures prohibit employers from inviting job applicants to identify their disability status prior to reaching a job offer -federal regulations related to affirmative action requirements for disabled workers require contractors to invite job applicants to identify their status as disabled and then provide the same invitation to identify themselves as disabled once they have been hired -federal contractors are also required to conduct a general survey of the entire employee population every 5 years (at minimum) with an invitation to self-identify as disabled - employees are permitted to identify themselves as disabled at anytime to their employer -annual review of job description content is required under the EEOC guidelines - it is important to maintain accurate listings of essential job functions and physical and mental job requirements - annual review will help assure that you always have current info in your job description

Civil Rights Act (Title VII) of 1964

-Title VII of the act speaks to employment discrimination and cites five protected classes of people (there were four before the act was put into place - race, religion, color, and national origin) -Sex was later added to Title VII - aimed to protect women in the workplace -penalties can be assessed by a federal court for violations - protocol requires a complaint to be filed with the EEOC -regardless of outcome of the administrative review from the EEOC, a "right to sue" letter is given to the complaining employee so the case can move forward to federal court if that is what the employee wants to do next -penalties that can be assessed if an employer is found to have illegally discriminated include: *actual damages: costs for medical bills, travel to medical appointments, equipment loss reimbursement, lost wages (back pay), lost promotional increase, lost future earnings (front pay), - limitation is usually 2 years into the past and unlimited number of years into the future *compensatory damages: dollars to reimburse the victim for "pain and suffering" caused by illegal discrimination *punitive damages: dollars assessed by the court to "punish" the employer for treatment of the employee that was egregious in its nature. Usually thought of as "making an example" of one case so as to send a message to other employers that doing such things to an employee/job applicant will be severely punished

The Revenue Act of 1978

-added two important sections to the Internal Revenue Tax Code relevant to employee benefits: *Section 125: Cafeteria Benefit Plans *Section 401(k): originally a pre-tax savings program for private-sector employees known as individual retirement accounts (IRAs), subsequently expanded to a second plan opportunity known as Roth IRA, which permitted funding after tax savings

The Electronic Communications Privacy Act of 1986

-aka ECPA -composed of two pieces of legislation: Wiretap Act and Stored Communications Act -provide rules for access, use, disclosure, interpretation, and privacy protections of electronic communication -provide criminal and civil penalties for violations -prohibit interception of emails in transmission and access to emails in storage -notices must be given to employees subject to observation or recording

The Equal Pay Act of 1963

-aka EPA -amendment to the FLSA -equal pay requirements applies to all employers -enforced by Equal Employment Opportunity Commission (EEOC) -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 opposite sex for equal work -does not address concept of comparable work

The Employee Retirement Income Security Act of 1974

-aka ERISA -does not require employers to establish pension plans -governs how plans are managed once established -establishes uniform minimum standards to ensure employee benefit plans are maintained in a fair and financially sound manner -protects employees covered by pension from losses in benefits due to job changes, plant closings, bankruptcies, mismanagement -protects plan beneficiaries -covers most employers engaged in interstate commerce -public sector employers and many churches are not subject to ERISA -employers that offer retirement plans must also conform with IRS code to receive tax advantages

The Fair and Accurate Credit Transactions Act of 2003

-aka FACT -provided certain requirements in third-party investigations of employee misconduct charges -employers are released from obligations to disclose requirements and obtain employee consent if investigation involves: 1. suspected misconduct 2. violation of law or regulations 3. violation of preexisting written employer policies -written plan to prevent identity theft is required

The Foreign Corrupt Practices Act of 1997

-aka FCPA -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 a bribery payment to a foreign company or its employees

The Health Insurance Portability and Accountability Act of 1996

-aka HIPAA -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 -provides privacy requirements related to medical records for individuals as young as 12 years old -limits exclusions for preexisting conditions and guarantees renewability of health coverage to employers and employees, allowing people to change jobs without worry of loss of coverage -restricts ability of employers to impose actively-at-work requirements as preconditions for health plan eligibility, as well as a number of other benefits

The Health Information Technology for Economic and Clinical Health Act of 2009

-aka HITECH -required that anyone with custody of personal health records sent notification to affected individuals if their personal health records have been disclosed or if employer believes they have been disclosed to any unauthorized person -enacted as part of the American Recovery and Reinvestment Act (ARRA); law made several changes to the Health Insurance Portability and Accountability Act (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 have been disclosed without authorization

The Immigration and Nationality Act of 1952

-aka INA -first law that pulled together all of the issues associated with immigration and is considered the foundation on which all following immigration laws have been built -addresses employment eligibility and employment verification -defines conditions for the temporary and permanent employment of aliens in the U.S. -INA defines an alien as any person lacking citizenship or status as a national of the U.S.; differentiates aliens as follows: *resident or nonresident *immigrant or nonimmigrant *documented and undocumented

The Immigration Reform and Control Act of 1986

-aka IRCA -need to curtail illegal immigration led to the enactment of this act -first law to require new employees to prove both their identity and their right to work in U.S. -regulations implementing this law created the I-9 Form, which must be completed by each new employee and the employer *I-9 forms have been updated many times since 1986; be sure to use current version -document retention requirements -prohibits discrimination against any job applicants on the basis of national origin or citizenship -establishes penalties for employers who hire illegal aliens

The Labor Management Relations Act of 1947

-aka LMRA -aka Taft-Hartley Act -first national legislation that placed controls on unions -prohibits unfair labor practices by unions and outlaws closed ships, where union membership is required in order to get and keep a job -employers may not form closed shop agreements with unions; required both parties to bargain in good faith and covers nonmanagement employees in private industry who are not covered by the Railway Labor Act

The Occupational Safety and Health Act of 1970

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

The Small Business Job Protection Act of 1996

-aka SBJPA -law increased federal minimum wage levels and provided some tax incentives to small business owners to protect jobs and increase take-home pay -amended the Portal-to-Portal Act for employees who use employer-owned vehicles -created the SIMPLE 401(k) retirement plan to make pension plans easier for small businesses Other tax incentives creates by this law include the following: * employee education incentive: allowed small business owners to exclude up to $5,250 from 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 $7,000 per year *replaced the Targeted Jobs Tax Credit with the Work Opportunity Tax Credit *provided a tax credit to individuals who adopted a child (up to $5,000 per child) and a tax credit of up to $6,000 for adoption of a child with special needs

The Labor Management Reporting and Disclosure Act of 1959

-aka the Landrum-Griffin Act -outlines procedures for redressing internal union problems -protects the rights of union members from corrupt or discriminatory labor unions -applies to all labor organizations -specific requirements include the following: *unions must conduct secret elections, the results of which can be reviewed by the U.S. Department of Labor *a bill of rights guarantees union members certain rights, including free speech *convicted felons and members of the communist party cannot hold office in unions *annual financial reporting from unions to the Department of Labor is required *all union officials have a fiduciary responsibility in managing union assets and conducting the business of the union *union power to place subordinate organization in trusteeship is limited *minimum standards for union disciplinary action against its members are provided

The Wagner-Peyser Act of 1933

-amended by the Workforce Investment Act (WIA) of 1998 -the Wagner-Peyser Act created a nationwide system of employment offices known as Employment Service Offices - were run by the U.S. Department of Labor's Employment and Training Administration (ETA) -these offices provided job seekers with assistance in their job search, assistance in searching jobs for unemployment insurance recipients, and recruitment services for employers -the Workforce Investment Act created the "One Stop" centers within Employment Service Offices - the federal government contracts with states to run the Employment Service Offices and One stop Centers -funds are allocated to states based on a complication formula

The Portal-to-Portal Act of 1947

-amended the Fair Labor Standards Act -defines "hours worked" and establishes rules about payment of wages to employees who travel before and/or after their scheduled work shift

The Service Contract Act (SCA) of 1965

-applies to federal contractors and subcontractors offering goods and services to the government -law calls for payment of prevailing wages and benefit requirements to all employees providing service under the agreement -all contractors and subcontractors (other than construction services) with contract value in excess of $2,500 are covered -safety and health standards apply to such contracts -the compensation requirements of this law are enforced by the Wage and Hour Division in the U.S. Department of Labor. The SCA safety and health requirements are enforced by the Occupational Safety and Health Administration, also an agency within the Department of Labor

The Mine Safety and Health Act of 1977

-bought all coal, metal, and and nonmetal mining operations under the same Department of Labor jurisdiction -regulations and safety procedures for the coal mining industry were not altered, just carried into the new agency for oversight -law converted the existing Mine Enforcement Safety Administration (MESA) to the Mine Safety and Health Administration (MSHA).

ADA - Major Life Activities

-caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, touching, sitting, reaching, learning, reading, concentrating, thinking, communicating, interacting with others, and working are all considered "major life activities" -also included are major bodily functions such as normal cell growth, reproduction, immune system, blood circulation, and the like -some conditions are specifically designated as disabilities by the EEOC - includes diabetes, cancer, HIV/AIDS, multiple sclerosis (MS), cerebral palsy (CP), and cystic fibrosis (CF)

Drug Free Workplace Act - Recordkeeping Requirements

-covered employers are required to publish a written policy statement that clearly covers all employees 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 to have employees sign for a receipt of that policy statement *statement must contain a list of prohibited substances *at a minimum, it must cite controlled substances *some employers choose to include in the policy prohibition of alcohol and prescription drug misuse, although that is not a requirement -subject employers must also establish a drug-free awareness training program to make employees aware of 1) the dangers of drug abuse in the workplace 2) the policy of maintaining a drug-free workplace, 3) any available drug counseling, rehabilitation, and employee assistance programs, and 4) the penalties that may be imposed on employees for drug abuse violations -records should be maintained showing each employee who received the training and date it occurred

ADA - Essential Job Function

-defined as "a portion of a job assignment that cannot be removed from the job without significantly changing the nature of the job" -an essential function is highly specialized, and the incumbent has been hired because he/she has special qualifications, skills, or abilities to perform that function, among others

FLSA - Recordkeeping

-each employer covered by FLSA must keep records for each covered, nonexempt employee; records must include: *employee full name *social security number *birth date if younger than 19 *sex *occupation *time and day of week when employee's workweek begins *hours worked each day and total hours for week (including meal times and clock in/out times) *basis on which employee's wages are paid (hourly, weekly, piecework) *regular hourly rate *total daily or weekly straight time earnings *total of earnings for workweek *all additions and deductions from employee's wages *total wages paid each pay period *date of payment and pay period covered by payment -employers must retain all payroll records, collective bargaining agreements, sales, and purchase records for at least 3 years -any timecard, piecework record, wage rate tables, and work and time schedules should be retained for at least 2 years

ADA - Substantially Limits

-employers are required to consider as disabled anyone with a condition that substantially limits but does not significantly restrict a major life activity -even though the limitation might be reduced or eliminated with medication or other alleviation, the treatment may not be considered when determining the limitations (ex: people who use shoe inserts to correct a back problem or people who take sleeping pills may not be classified as disabled) -yet there may not be a need for any of them to request a job accommodation

SOX Enforcement

-enforcement is done by private-firm audits overseen by the Public Company Accounting Oversight Board (PCAOB) -the PCAOB is a nonprofit corporation created by the act to oversee accounting professionals who provide independent audit reports for publicly traded companies (audits the auditors) -companies and corporate officers in violation of the act can find themselves subject to fines and/or up to 20 years imprisonment for altering, destroying, mutilating, concealing, or falsifying records, documents, or tangible objects with the intent to obstruct, impede, or influence a legal investigation

Drug-Free Workplace Act Enforcement

-federal contractors under the jurisdiction of the OFCCP will find that the agency requires proof of compliance when it conducts a general compliance evaluation of affirmative action plans -any employee who fails a drug test must be referred to a treatment program or given appropriate disciplinary action *care should be given when treating similar cases in the same way -it is fairly easy to be challenged under Title VII for unequal treatment based on one of the Title VII protected groups -each federal agency is responsible for contracting or providing grants is also responsible for enforcing the Drug-Free Workplace Act requirements *these responsibilities are spelled out in the Federal Acquisition Regulation (FAR). -failing to maintain a drug-free workplace can result in the following: *suspension of payments for contract or grant activities *suspension or cancellation of grant or contract *up to 5 years prohibition from any further contracts or grants

Fair Labor Standards Act of 1938

-federal law that establishes foundation for employee treatment -first federal law to require employers to maintain records on employee race and sex identification -applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in production of goods, unless employer can claim exemption from coverage -employers covered under enterprise provisions of law include: 1. private employers whose gross sales exceed $500,000 2. those operating a hospital or school for disabled or gifted children 3. preschool, elementary, or secondary school 4. institution of higher education (profit and nonprofit) -individuals can still be covered even if they do not fit into one of listed enterprises (ex: if employees' work regularly involves them in commerce between the states) -includes employees who work in communications or transportation; regularly use mail, telephone, or telegraph for interstate communications or keep records of interstate transactions; handle shipping or receiving goods moving in interstate commerce; regularly moving in interstate commerce; regularly cross state lines in course of employment or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms involved in interstate commcerce

Fair Credit Reporting Act of 1970

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

Uniform Guidelines on Employee Selection Procedures of 1976

-for covered employers of 15 or more people on the payroll, this set of requirements is essential in preventing claims of discrimination -there are two types of illegal employment discrimination: disparate adverse treatment and adverse/disparate impact- the latter almost always results from seemingly neutral policies having a statistically adverse impact on a specific group of people -to avoid illegal discrimination, the guidelines require that all steps in a hiring decision be validated for application to the job being filled *validity of a selection device can be determined through a validity study or by applying a job analysis to demonstrate the specific relationship between the selection device and the job requirements *selection devises include things like a written test, an oral test, an interview, a requirement to write something for consideration, and a physical ability test -employers an get in trouble when they use a selection tool that has not been validated for their specific applications *if you cannot prove the test measures measures things required by your job content, do not use the test -according to Uniform Guidelines, "while publishers of selection procedures have a professional obligation to provide evidence of validity which means generally accepted professional standards, users are cautioned that they are responsible for compliance with these guidelines" * the employer, not publisher, is liable for results

FLSA - Minor Laws Continued

-for workers aged 14 and 15, all work must be performed outside school hours, and these workers may not work: *more than 3 hours on a school day, including Friday *more than 18 hours per week when school is in session *more than 8 hours per day when school is not in session *more than 40 hours per week when school is not in session *before 7am or after 7pm on any day, except from June 1st through Labor Day, when nighttime work hours are extended to 9pm -all employees under the age of 18 must obtain a workers permit from their school district -workers ages 16 and 17 have no restrictions on the number of hours that can be worked per week *cannot work in most hazardous industries -all conditions must be met or else the employer will be subject to penalties from the U.S. Department of Labor

The Sarbanes-Oxley Act (SOX) of 2002

-in response to many corrupt practices in the financial industry and the economic disasters they created, Congress passed SOX to address the need for oversight and disclosure of information by public traded companies

The Sherman Anti-Trust Act of 1890

-in the late nineteenth century, there were concerns of monopolization in the marketplace, and thus this law was put into effect to protect against monopolies and cartels -law was used by federal prosecutors to break up the Standard Oil Company into smaller units -over the years, case law has developed that concludes that attempting to restrict competition fix prices can also be seen as a violation of this law -restraint of trade is also prohibited

The National Labor Relations Act (NLRA) of 1935

-initially provided that employees have a right to form unions and negotiate wage and hour issues with employers on behalf of the union membership -NLRA grants to employees the right to organize, join unions, and engage in collective bargaining and other "concerted activities." -protects against unfair labor practices by employers -law addressed both union and employer obligations in labor relations issues -established the National Labor Relations Board (NLRB) which would help define fair labor practices in the following decades *NLRB has the power to accept and investigate complaints of unfair labor practices by either management or labor unions; plays a judicial role with in an administrative setting -also called the Wagner Act

Recordkeeping Requirements of SOX

-internal control systems are required to assure that public disclosure of financial information is done as required -the registered accounting firm responsible for reviewing the company's financial reports must attest to the proper implementation of internal control systems and procedures for financial reporting

Provisions and Protections of SOX

-law brought strict oversight to corporate governance and financial reporting for publicly held companies -holds corporate officers accountable for proper record keeping and reporting of financial information, including internal control systems to assure those systems are working properly -also requirements for reporting any unexpected changes in financial condition, including potential new liabilities such as lawsuits - lawsuits can involve things such as employee complaints of illegal employment discrimination -requires administrators of defined contribution plans to provide notice of covered blackout periods and provides whistleblower protections for employees -law protects anyone who reports wrongdoing to a supervisor, appointed company officials who handle these matters, a federal regulatory or law enforcement agency, or a member or committee of Congress -it even extends to claims that prove to be false as long as the employee reasonably believed the conduct is a violation of Security Exchange Commission (SEC) rules or a federal law involving fraud against shareholders -on March 4th, 2014, the U.S. Supreme Court issued its opinion in the case of Lawson v. FMR LLC; the 6-3 decision held that all contractors and subcontracts of publicly held companies are subject to the Sarbanes-Oxley Act, even if they are not publicly held. The takeaway from this ruling is that nearly everyone is now subject to the whistleblower provisions of SOX

The Unemployment Compensation Amendments Act (UCA) of 1992

-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)

The Tax Reform Act of 1986

-law made extensive changes to the Internal Revenue Service tax code, including a reduction in tax brackets and all tax rates for individuals -payroll withholdings were affected, many passive losses and tax shelters were eliminated, and changes were made to the alternative minimum tax computation -law required all dependent children to have Social Security numbers, which reduced the number of fraudulent dependent children claimed in income tax returns by 7 million in its first year -answers to employee questions about the number of exemptions to claim on their Form W-4 are greatly influenced by this requirement for dependent Social Security numbers

FLSA - Overtime

-law proscribes methods for determining whether a job is exempt or nonexempt from overtime requirements (attached to job not incumbent) -employers can have a policy that calls for paying exempt employees overtime (voluntary provision in excess of federal law; state laws may have additional requirements -nonexempt employees must be paid OT, (1.5 times the normal rate, usually after 40 hours in a single workweek -act describes how a workweek is determined *employer may designate that their workweek begins at a given day and hour and continues until the same day and hour 7 days later *once selected, that same workweek definition must be maintained consistently until there is a legitimate business reason for making a change *change must be clearly communicated in advance to all employees who will be affected *no pay may be forfeit because the employer changes its workweek definition *compensating time off is permitted under the FLSA if it is given at the same rates required for OT pay

The Work Opportunity Tax Credit (WOTC) of 1996

-law provides federal income tax credits to employers who hire from certain targeted groups of job seekers who face employment barriers -amount of tax credit is adjusted from time to time and currently stands at 9600 per employee

Labor-Management Reporting and Disclosure Act of 1959

-law provides for the reporting and disclosure of certain financial transactions and administrative practices of labor organizations and employers to prevent abuses in the administration of trusteeships by labor organizations and to provide standards with respect to the election of officers of labor organization -created a bill of rights for members of labor organizations

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996

-law requires all states to establish and maintain a new hire reporting system designed to enhance enforcement of child support payments. -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 -parents with children younger than 1 may use this exemption only once; they cannot use it again for subsequent children -parents are also subject to he 5-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 of 1931

-law requires contractors and subcontractors on certain federally funded or assisted construction projects over $2000 in U.S. to pay wages and fringe benefits at least equal to those in local area where work is being performed -only applied to laborers and mechanics -allows trainees and apprentices to be paid less than predetermined rates in certain circumstances

The Mine Safety and Health Act of 1977 - Provisions and Protections

-law requires the secretaries of labor and health, education, and welfare to create regulations governing the country's mines -all mines involved in commerce are covered (any operating mine) -employees must be provided with certain protective equipment while working in a mine *devices relate to respiration and fire prevention - protecting against black lung disease is a key concern

The Trademark Act of 1946

-legislation created federal protections for trademarks and service marks -officially, it was called the Lanham (Trademark) Act, and it set forth the requirements for registering a trademark or service mark to obtain those legal protections

The Economic Growth & Tax Relief Reconciliation Act 2001

-made modifications to the Internal Revenue Code that adjust pension vesting schedules, increasing retirement plan limits, permitting pre-tax catch up contributions by participants over 50 in certain plans, and modification of distribution and rollover rules

The Clayton Act of 1914

-modified Sherman Antitrust Act -prohibited mergers and acquisitions that would lessen competition -prohibited single person to be director of two+ competing companies -restricts use of injunctions against labor and legalized peaceful strikes, picketing, and boycotts

The Needlestick Safety and Prevention Act of 2000

-modified the Occupational Safety and Health Act by introducing a new group of requirements in the medical community - Sharps: needles, puncture devices, knives, scalpels, and other tools that can harm either the person using them or someone else -provide rules related to the handling of these devices, disposing of them, and encouraging invention of new devices that will reduce or eliminate the risk associated with injury due to sharps -Shaprs injuries are to be recorded on the OSHA 300 log with the "privacy case" listed and not employee's name -Blood borne pathogens and transmission of blood-borne illnesses such as AIDS/HIV and hepatitis are key targets of this law -Reducing amount of injury and subsequent illness due to puncture, stab, or cut wounds is a primary objective -there are communication requirements, including employment poster content requirements

FLSA - Minor Laws

-no limit in law that dictates the number of hours employees age 16+ may work in any workweek -workers under the age 14 are restricted to jobs such as newspaper delivery to local customers, babysitting on a casual basis, acting in movies/TV/theater, and working as a home worker gathering evergreens and making evergreen wreaths -workers under the age of 14 cannot work in the following industries: *manufacturing or storing of explosives *driving a motor vehicle or working as an outside helper on motor vehicles *coal mining *forest fire fighting and forest prevention, timber tract, forestry service, and occupations in logging and sawmilling *using power-driven woodworking machines *exposure to radioactive substances and ionizing radiation *using power-driven hoisting apparatuses *using power-driven metal-forming, punching, and shearing machines *mining, other than coal *using power-driven meat processing machines, slaughtering, meat and poultry packing, processing, or rendering *using power-driven bakery machines *using balers, compactors, and power-driven paper-product machines *manufacturing brick, tile, and related products *using power-driven circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, and abrasive cutting discs *working in wrecking, demolition, and ship-breaking operations *roofing and work performed on or about a roof *trenching or excavating

The Copyright Act of 1976

-offers protection of "original works" for authors so others may not print, duplicate, distribute, or sell their work -Copyright Term Extension Act 1998: 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 *good idea for companies to arrange copyright agreements if they produce manuals, tech instructions, and even emails to customer inquiries

The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010

-offers wide range of mandates affecting all federal financial regulatory agencies and almost every part of nation's financial services industry -includes non-binding vote for shareholders on executive compensation, golden parachutes, and return of executive compensation based on inaccurate financial statements -includes requirements to report CEO pay compared to average employee compensation and provision of financial rewards to whistleblowers -revisions made in 2018 by Trump Administration

The Railway Labor act of 1926

-originally created to allow railway employees to organize into labor unions -has expanded in coverage to include airline employees -covered employees are encouraged to use the Board of Mediation, which has since morphed into the National Mediation Board, a permanent independent agency

The Occupational Safety and Health Act of 1970 - Provisions and Protections

-overall, law holds employers accountable for providing a safe and healthy working environment -General Duty Claude in OSHA regulations states that employers shall furnish each employee with a place of employment free from recognized hazards that are likely to cause death or serious injury -holds employees responsible for abiding by all safety rules and regulations in the workplace -some provisions require notices be posted in the workplace covering some of the OSHA requirements

Americans with Disabilities Act (ADA) of 1990

-prior to this legislation, the only employees who were protected against employment discrimination were the ones working for the federal, state, or local government and federal government contractors - were covered under the Rehabilitation Act -Rehabilitation Act was used as a model for developing ADA -five year after the Rehabilitation Act, the Developmental Disabilities Act of 1978 spoke specially to people with developmental disabilities - provided federally funded state programs to assist people in that category -ADA was finally signed into law in 1990 and became fully effective for employers with 15 or more workers in 1992

The Employee Polygraph Protection Act of 1988

-prohibits use of lie detectors for job applicants and employees of companies engaged in interstate commerce -exceptions include law enforcement and national security -many state laws prohibit use of lie detector tests

Whistleblowing

-protections against retaliation are embedded in various laws, including: *the Civil Rights Acts *OSHA *MSHA *The Sarbanes-Oxley Act *American Disabilities Act *and more -whistleblower laws typically apply to public-sector employees and employees of organizations contracting with the federal government or state governments -designed to protect individuals who publicly disclose information about corrupt practices or illegal activities within their employer's organization - such events typically occur when someone is mishandling money, contracts, or other assets -construction project not being built to specifications can result in whistleblowing by governmental employees -whistleblowers are protected under whistleblower provisions from disciplinary action, termination, or other penalty

The Retirement Equity Act (REA) of 1984

-provides certain legal protections for spousal beneficiaries of qualified retirement programs -prohibits changes to retirement plan elections, spousal beneficiary designations, or inservice withdrawals without the consent of a spouse -changing withdrawal options does not require spousal consent -permits plan administrators to presume spousal survivors annuity and reduce primary pension amounts accordingly -specific written waivers are required to avoid spousal annuity

The IRS Intermediate Sanctions of 2002

-provides guidelines for determining reasonable compensation for executives of nonprofit organizations -enacted by IRS and applied to nonprofit organizations that engage in the transactions that inure to the benefit of a disqualified person within the organization -allow IRS to impose penalties when it determines that top officials have received excessive compensation from their organizations -intermediate sanctions may be imposed either in addition to or instead of revocation of the exempt state of the organization

The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994

-provides instructions for handling employees who are in the reserves and receive orders to report for active duty -law protects the employment, reemployment, and retention rights of anyone who voluntarily or involuntarily serves or has served in the uniformed services -requires that employers continue paying for the employee's benefits to the extend they paid for those benefits before the call to duty -also requires that employers continue giving credit for length of service as though the military service was equivalent to company service -there are specific detailed parameters for how long an employee may wait to engage the employer in return to work conversations after being released from active military duty -this law and its provisions cover all eight U.S. military services and other uniformed services. They are: *Army *Navy *Air Force *Marines *Public Health Service Commissioned Corps *National Oceanic and atmospheric Administration Commissioned Corps *Coast Guard *National Guard groups that have been called into active duty

FLSA - Enforcement

-provisions of FLSA are enforced by U.S. Department of Labor's Wage and Hour Division *have multiple offices across the country; easily able to interact with employees on complaints and follow up with employers by making an onsite visit if necessary -if violations are found during an investigation, agency has authority to make recommendations for changes that would bring the employer into compliance -retaliation against any employee for filing a complaint under the FLSA or in any other way availing himself or herself of the legal rights it offers is subject to additional penalties *willful violations may bring criminal prosecution and fines up to $10,000 *employers who are convicted a second time for willfully violating FLSA can find themselves in prison -Wage and Hour division may prevent an employer from shipping goods produced during violations of FLSA *can also freeze shipments of any product manufactured while OT payment requirements were violated -2 year limit applies to recovery of backpay unless there was a willful violation (triggers a 3 year liability)

Targeted Groups for WOTC

-qualified recipients of Temporary Assistance to Needy Families (TANF) -qualified veterans receiving food stamps (SNAP) or qualified veterans with a service connected disability who: *have a hiring date that isn to more than 1 year after having been discharged or released from active duty *having aggregate periods of unemployment during the 1 year period ending on the hiring date that equals or exceeds 6 months -WOTC also includes family members of a veteran who received food stamps (SNAP) for at least a 3-month period during the 15-month period ending on the hiring date, or a disabled veteran entailed to a compensation for a service-related disability hired within a year of discharge or unemployed for a period totaling at least 6 months of the year ending on the hiring date -ex-felons hired no later than 1 year after conviction or release from prison -designated Community Resident-an individual who is between ages 18 and 40 on the hiring date and who resides in an Empowerment Zone, Renewal Community, or Rural Renewal County -vocational rehabilitation referrals, including Ticket Holders with an individual work plan developed and implemented by an Employment Network -qualified summer youth ages 16 through 17 who reside in an Empowerment Zone, Enterprise Community, or Renewal Community -qualified SNAP recipients between the ages of 18 and 40 on the hiring date -qualified recipients of Supplemental Security Income (SSI) -long term family assistance recipients -the categories may change from time to time

The Rehabilitation Act of 1973

-replaced the Vocational Rehabilitation Act and created support for states to create vocational rehabilitation programs -term originally used in legislation was handicapped, but was later modified to replace that term with disabled

The Omnibus Budget Reconciliation Act (OBRA) of 1993

-signed into law by President Bill Clinton -legislation educes compensation limits in qualified retirement programs and triggers increased activity in non qualified retirement programs. It also calls for termination of some plans

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

-signed into law by President Franklin Roosevelt during the Great Depression -was designed to assure the government paid a fair wage to manufacturers and suppliers of goods for federal government contracts in excess of $10,000 each -provisions of the law included: *overtime pay requirements for work done over 8 hours in a day or 40 hours in a week *a minimum wage equal to the prevailing wage *prohibition on employing anyone under 16 years of age or a current convict *The Defense Authorization Act (1968) later excluded federal contractors from overtime payments in excess of 8 hours in a day

ADA - Job Accommodation

-someone with a disability does not necessarily need a job accommodation (ex: someone may have a disease, but have it under control with medication, and therefore they do not need any accommodations) -We select people and place them in jobs if they are qualified for the performance of the essential functions, with or without a job accommodation -job accommodations are situationally dependent - first there must be a disability and an ability do do the essential functions of the job -next, there must be a request for accommodation from the employee - if there is no request for accommodation, no action is required from the employer -it is perfectly acceptable for an employer to request supporting documentation from medical experts identifying the disability -there might even be recommendations for specific accommodations, including those requested by the employee -once an accommodation is requested, the employers is obliged to enter into an interactive discussion with he employee (ex: an employee might ask for something specific - like an ergonomic chair - that will eliminate the impact of disability on their job performance) - employer must consider that specific request -employers are obligated to search for alternatives that could satisfy the accommodation request only when the specific request cannot be reasonably accommodated -Job Accommodation Network (JAN) can become a resource and provide help for questionable situations -employer must consider if making that accommodation would be an "undue hardship" considering all it would involve - note: most job accommodations carry a very low cost; often cost nothing -the larger an employer's payroll headcount, the more difficult it is to fully justify "undue hardship" as a reason for not agreeing to provide an accommodation; even if it does cost some large dollar amount, won't likely cause an undue hardship on that employer

Guidelines on Discrimination Because of Sex of 1980

-the Equal Employment Opportunity Commission (EEOC) published these guidelines to help employers understand what constituted unwanted behavior and harassment -they were issues long before the U.S. Supreme Court considered the leading cases on sexual harassment - this was the only thing at the time that employers were able to turn to for help in managing the problem of sexual harassment in the workplace

The Social Security Act of 1935

-the Social Security program began in 1935 in the heart of the Great Depression -was initially designed to help senior citizens when that group was suffering from poverty rate of 50% -currently includes social welfare and social insurance programs that can help support disabled workers who are no longer ale to earn their wages -the Social Security program is supported through payroll taxes with contributions from both the employee and the employer - payroll tax rates are set by the Federal Insurance Contributions Act (FICA) and have been adjusted many times over the years -There are many programs currently under the control of the Social Security Act and its amendments. These include: *Federal old-age benefits (retirement) *Survivors benefits (spouse benefits, dependent children, and widow/widower benefits *Disability insurance for workers no longer able to work *Temporary Assistance for Needy Families *Medicare Health Insurance for Aged and Disabled *Medicaid Grants to States for Medical Assistance Programs *Supplemental Security Income (SSI) *State Children's Health Insurance Program (SCHIP) *Patient Protection and Affordable Care Act -there is currently a separate deduction for Medicare health insurance, which is also funded by both the employee and the employer -the Patient Protection and Affordable Care Act (Obamacare) has been implemented - Congress continues to find ways to modify it so the cost of medical health insurance can be reduced to individuals - a personal Social Security number is used as a tax identification number for federal income tax, including bank records, and to provide work authorization in this country. -social security numbers can be used in completing Form 1-9, which must be completed for every new employee on the payroll - proof of identity is also required for the I-9

The Mine Safety and Health Act of 1977 - MSHA Standards

-the agency enforces mine safety standards that involve ventilation, chemical exposure, noise, forklifts, and other mining equipment, mine shoring, and more -material data safety sheets must be available to employees in mining as they are in other industries overseen by the OSHA agency

The National Labor Relations Act - Key Provisions

-the right of workers to organize into unions for collective bargaining -the requirement of employers to bargain in good faith when employees have voted in favor of a union to represent them -requirement that unions represent all members equally -covers non management employees in private industry who are not already covered by the Railway Labor Act

The National Industrial Recovery Act of 1933

-this act attempted to help stabilize the country during the Great Depression -proposed the creation of "Codes of Fair Competition" for each of several different industries -association would then be required to create a Code of Fair Competition for the industry -Antitrust laws would be suspended in favor of the code -Code would have to be approved by the president of the U.S. and administration would issue federal licenses to every business in the country -If a business refused to participate in the code, its license could be suspended, and that would be the signal for that business to end all operations; there were financial penalties as well -Was later declared unconstitutional by the U.S. Supreme Court in 1935 and was replaced by the National Labor Relations Act that same year

The Civil Rights Act of 1991

-this act modified the 1964 Civil Rights Act in several ways: *it provided for employees to receive a jury trial if they wanted - up to this point, judges always heard cases and decided them from the bench *it established requirements for any employer defense *it placed a limitation on punitive damage awards by using a sliding scale depending on the side of the employer organization (payroll headcount): -for employers with 15 to 100 employees, damages are capped at $50,000 -for employers with 100 to 200 employees, damages are capped at $100,000 -for employers with 201 to 500 employees, damages are capped at $200,000 -for employers with more than 500 employees, damages are capped at $300,000

Drug Free Workplace Act of 1988

-this law applies to federal contractors and all organizations receiving grants from the federal government -if you are covered, you are required to assure that all the employees working on the contract or grant are in compliance with its drug-free requirements -covered employers are required to have a drug-free policy that applies to its employees - to determine that an employer is in compliance with the requirements, drug testing is usually performed on employees and applicants who have received a job offer -random drug testing is also used in some organizations to assure employees subject to the law/policy are continuing to comply with requirements -these federal laws do not go away, even if the laws in your state permit use of recreational marijuana; employer is still permitted to have a policy prohibiting the use of drugs by applicants and employees -any federal contractor under the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP) in the Department of Labor must comply with this legislation -employee notification about the policy must include information about the consequences of failing a drug test - whenever an employee has been convicted of a criminal drug violation in the workplace, the employer must notify the contracting or granting agency within 10 days

The Pregnancy Discrimination Act of 1978

-this law modified (amended) the Civil Rights Act of 1964 -defined pregnancy as protected within the definition of "sex" for the purpose of coverage under the Civil Rights Act -specifically said that no employer shall illegally discriminate against an employee due to pregnancy *defines pregnancy as a temporary disability and requires accommodation on the job if it is necessary *guarantees the employee rights to return to work for the same or similar job with the same pay following her pregnancy disability

The Pension Protection Act of 2006 (PPA)

-this law requires employers that have underfunded pension plans to pay higher premium to the Pension Benefit Guarantee Corporation (PBGC) -also requires employers that terminate pension plans to provide additional funding to those plans -legislation impacted nearly all aspects of retirement planning, including changes to rules about individual retirement accounts (IRAs)

The Norris-LaGuardia Act of 1932

-was enacted before the NLRA came to pass -prohibited yellow dog contracts - agreements in which employees promised employers that they would not join unions. Law declared such contracts to be unenforceable in any federal court -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 -defined labor dispute to include any disagreement about working conditions

The Lilly Ledbetter Fair Pay Act of 2009

-was passed in reaction to the U.S. Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co. Inc -amends the Civil Rights Act of 1964 and states that the clock will begin running anew each time an illegal act of discrimination is experienced by an employee -In Lilly Ledbetter's situation, her pay was less than that for men doing the same job. The old law didn't permit her to succeed in her complaint of discrimination because she failed to file 20 yers earlier on the first occasion of her receiving a paycheck for less than her male counterparts. -under the new law, 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

Age Discrimination in Employment Act (ADEA) of 1967

-when the law first passed, it specified the protected age range of 40 to 70 -today, the law bans employment discrimination based on age if the employee is 40 years old or older

How many federal laws do employers with 1 to 14 employees have to comply with?

54

How many laws do employers with 20 or more employees have to follow?

74 - listed below

The Occupational Safety and Health Act of 1970 - Priorities

Inspection priorities include the following: -imminent danger: situations where death or serious injury are highly likely. Compliance officers will ask employers to correct the conditions immediately or remove employees from dangers -fatalities and catastrophes: incidents that involve a death or the hospitalization of three or more employees. Employers must report these incidents to OSHA within 8 hours -worker complaints: allegations of workplace hazards of OSHA violations. Employees may request anonymity when they file complaints with OSHA -referrals: other federal, state, or local agencies; individuals; organizations; or the media can make referrals to OSHA so the agency may consider making an inspection -follow-ups: check for abatement of violations cited during previous inspections are also conducted by OSHA personnel in certain circumstances -planned or programmed investigations: OSHA can conduct inspections aimed at specific high-hazard industries or individual workplaces that have experienced high rates of injuries and illnesses (targeted investigations)

The Occupational Safety and Health Act of 1970 - Enforcement

OSHA inspections may include the following: -On-site visits that are conducted without advance notice ~ inspectors can just walk into a place of employment and request that you permit an inspection. You don't have to agree unless the inspector has a search warrant. In the absence of the warrant, you can delay the inspection until your attorney is present. On-site inspections or phone/fax investigations ~ Depending on the urgency of the hazard and agreement of the person filing the complaint, inspectors may telephone or fax inquiries to employers. The employers have 5 business days to respond with a detailed description of inspection findings, corrective action taken, and additional action planned Highly trained compliance officers ~ the OSHA Training Institute provides training for OSHA's compliance officers, state compliance officers, state consultants, other federal agency personnel, and the private sector

The Occupational Safety and Health Act of 1970 - Recordkeeping Requirements Continued

OSHA record keeping involves: -periodic safety inspections of the workplace -injury or illness incident reports -annual summary of incidents during the previous calendar year -injury and illness prevention program (if required by rules governing your industry) -employee training on safety procedures and expectations -records of training participation -material safety data sheets for each chemical used in the workplace (made available to all employees in. a well-marked file or binder that can be accessed at any time during work hours)

The Copeland "Anti-Kickback" Act of 1934

Precludes a federal contractor or subcontractor from in any way inducing an employee to give up any part of the compensation to which he or she is entitled under his or her contract of employment.

Important Sections of The Rehabilitation Act of 1973

Section 501: required nondiscrimination and affirmative action in hiring disabled workers by federal agencies within the executive branch Section 503: requires nondiscrimination and affirmative action by federal contractors and subcontractors with contracts valued at $10,000 or more Section 504: requires employers subject to the law to provide reasonable accommodation for disabled individuals who can perform the major job duties with or without accommodation

The Equal Employment Opportunity Act (EEOA) of 1972

The EEOA amended the Civil Rights Act of 1964 by redefining some terms -required a new employment poster for all subject work locations explaining that "EEO is the law"

The Occupational Safety and Health Act of 1970 - Standards

The law provides for two types of safety and health standards: -normal standards: if OSHA determines that a specific standard is needed, any of several advisory committees may be called upon to develop specific recommendations. There are two standing committees, and ad hoc committees may be appointed to examine special areas of concern to OSHA. All advisory committees, standing or ad hoc, must have members representing management, labor, and state agencies, as well as one or more designees of the secretary of Health and Human Services. Occupational safety and health professionals and the general public must also be represented Emergency Temporary Standards: "under certain limited conditions, OSHA is authorized to set emergency temporary standards that take effect immediately. First, OSHA must determine that workers are in grave danger due to exposure to toxic substances or agents determined to be toxic or physically harmful or to new hazards and that an emergency standard is needed to protect them. Then, OSHA publishes the emergency temporary standard in the Federal Register, where it also serves as a proposed permanent standard. It is then subject to the usual procedure for adopting a permanent standard expect that a final ruling must be made within six months. The validity of an emergency temporary standard may be challenged in an appropriate U.S. Court of Appeals

When you have 15 or more employees...

There are 10 more laws you need to comply with (64 total). Listed below....