PHR - Employment Laws

The Civil Rights Act (1991)

- 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 size 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.

Americans with Disabilities Act (ADA) (1990)

15 or More Employees 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. They were captured by the Rehabilitation Act. As a matter of fact, it was the Rehabilitation Act that was used as a model for developing the ADA. Five years after the Rehabilitation Act, the Developmental Disabilities Act of 1978 spoke specifically to people with developmental disabilities. It provided for federally funded state programs to assist people in that category of the population. The ADA had been first proposed in 1988, and it was backed by thousands of individuals around the country who had been fighting for rights of their family members, friends, and co-workers. They thought it was appropriate only for those people to have equal access to community services, jobs, training, and promotions. It was signed into law by President George H. W. Bush on July 26, 1990. It became fully effective for all employers with 15 or more workers on July 26, 1992.

The Older Workers Benefit Protection Act (OWBPA) (1990)

20 Employees or More In the 1980s, it was common for employers, particularly large employers, to implement staff reduction programs as a means of addressing expenses. Often those programs were targeted at more senior workers because, generally speaking, their compensation was greater than that of new employees. Reducing one senior worker could save more money than the reduction of a more recently hired worker. Congress took action to prevent such treatment based on age when it passed this law. The key purposes of the Older Workers Benefit Protection Act (OWBPA) are to prohibit an employer from Using an employee's age as the basis for discrimination in benefits Targeting older workers during staff reductions or downsizing Requiring older workers to waive their rights without the opportunity for review with their legal advisor

The Consolidated Omnibus Budget Reconciliation Act (COBRA) (1986)

20 Employees or More This law requires employers with group health insurance programs to offer terminating employees the opportunity to continue their health plan coverage after they are no longer on the payroll or no longer qualify for benefits coverage because of a change in employment status, i.e., reduction in hours. The cost must be at group rates, and the employer can add a small administrative service charge. It turns out that many employers turn these programs over to vendors that administer the COBRA benefits for former employees. They send out billing statements and provide collection services. Two percent is the maximum administrative overhead fee that can be added. The total cost of COBRA premiums and administrative fees is paid by employees participating in COBRA. The duration of coverage is dependent on some variables, so it may be different from one person to another.

The Age Discrimination in Employment Act (ADEA) (1967)

20 Employees or More When this law was first passed, it specified the protected age range of 40 to 70. Anyone under 40 or over 70 was not covered for age discrimination in the workplace. Amendments were made a few years later that removed the upper limit. Today, the law bans employment discrimination based on age if the employee is 40 or older. Remedies under this law are the same as under the Civil Rights Act. They include reinstatement, back pay, front pay, and payment for benefits in arrears. Some exceptions to the "unlimited" upper age exist. One example is the rule that airline pilots may not fly commercial airplanes after the age of 65.14

The Labor-Management Reporting and Disclosure Act (1959)

Also called the Landrum-Griffin Act, this law outlines procedures for redressing internal union problems, protects the rights of union members from corrupt or discriminatory labor unions, and 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 organizations in trusteeship is limited. Minimum standards for union disciplinary action against its members is provided.

The Labor-Management Relations Act (LMRA) (1947)

Also called the 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 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 nonmanagement employees in private industry who are not covered by the Railway Labor Act.

The Civil Rights Act (Title VII) (1964)

Although this was not the first federal civil rights act in the country,10 it came to us through a great deal of controversy. It was signed into law by President Lyndon Johnson on July 2, 1964. Following the assassination of President John F. Kennedy the previous November, President Johnson took it upon himself to carry the civil rights banner and urge Congress to pass the law. Title VII of the act speaks to employment discrimination and cites five protected classes of people. Before the final days when Congress was discussing the issues, there were only four protected classes listed: race, color, religion, and national origin. Then Sex Actual damages Costs for medical bills, travel to medical appointments, equipment loss reimbursement, lost wages (back pay), lost promotional increase, and lost future earnings (front pay). The limitation is usually two years into the past and an unlimited number of years into the future. Compensatory damages Dollars to reimburse the victim for "pain and suffering" caused by this illegal discrimination. Punitive damages Dollars assessed by the court to "punish" the employer for treatment of the employee that was egregious in its nature. This is 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 or job applicant will be severely punished.

The Equal Employment Opportunity Act (EEOA) (1972)

Amended the Civil Rights Act of 1964 by redefining some terms. It also required a new employment poster for all subject work locations explaining that "EEO is the law."

The Service Contract Act (SCA) (1965)

Applying to federal contractors (and subcontractors) offering goods and services to the government, this 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 also 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 (DOL). The SCA safety and health requirements are enforced by the Occupational Safety and Health Administration (OSHA), also an agency within DOL.

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 also is a federal poster requirement.

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.

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.

The Taxpayer Relief Act (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

The Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) (1974) [as Amended by the Jobs for Veterans Act (JVA) (2008)]

Current covered veterans include the following: - Disabled veterans - Veterans who served on active duty in the United States 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 Forces, participated in a United States 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

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

Equal pay requirements apply to all employers. 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.

The Pension Protection Act (PPA) (2006)

Focused solely on pensions, this law requires employers that have underfunded 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 Mine Safety and Health Act (1977)

Following a series of deadly mining disasters, the American people demanded that Congress take action to prevent similar events in the future. This law converted the existing Mine Enforcement Safety Administration (MESA) to the Mine Safety and Health Administration (MSHA). For the first time, it brought all coal, metal, 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. - Secretaries of Labor and Health, Education and Welfare to create regulations governing the countrys mines. - All mines are covered if they are involved in commerce - All employees must be provided with certain PPE - Material Safety Data Sheets (MSDA) - Employees must be given the information about the site - Detail content of written emergency plans - each mine operator is required to conduct surveys of exposures and hazards

Uniform Guidelines on Employee Selection Procedures (1978)

For covered employers with 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: adverse treatment and adverse or 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 devices include things like a written test, an oral test, an interview, a requirement to write something for consideration, and a physical ability test.

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

Here are modifications to the Internal Revenue Code that adjust pension vesting schedules, increase retirement plan limits, permit pretax catchup contributions by participants older than 50 in certain plans (which are not tested for discrimination when made available to the entire workforce), and modify distribution and rollover rules.

The IRS Intermediate Sanctions (2002)

Here you find guidelines for determining reasonable compensation for executives of nonprofit organizations. These were enacted by the IRS and applied to nonprofit organizations that engage in the transactions that inure to the benefit of a disqualified person within the organization. These rules allow the 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 Genetic Information Nondiscrimination Act (GINA) (2008)

In general terms, GINA prohibits employers from using genetic information to make employment decisions. This legislation was brought about by insurance companies using genetic 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 Sarbanes-Oxley Act (SOX) (2002)

In response to many corrupt practices in the financial industry and the economic disasters they created, Congress passed the Sarbanes-Oxley Act to address the need for oversight and disclosure of information by publicly traded companies. This law brought some strict oversight to corporate governance and financial reporting for publicly held companies. It holds corporate officers accountable for proper recordkeeping and reporting of financial information, including internal control systems to assure those systems are working properly. There are also requirements for reporting any unexpected changes in financial condition, including potential new liabilities such as lawsuits. Those lawsuits can involve things such as employee complaints of illegal employment discrimination. Lawson v. FMR LLC. - all contractors and subcontractors of publicly held companies are subject to the Sarbanes-Oxley Act, even if they are not publicly held. Enforcement of the law is done by private-firm audits overseen by the Public Company Accounting Oversight Board (PCAOB)

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.

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

President Franklin Roosevelt signed this into law during the Great Depression. It 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. The provisions of the law included the following: - 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.

The Norris-LaGuardia Act (1932)

Remember that this was still three years before the NLRA came to pass. 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. Key provisions of this law include the following: 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.

The Drug-Free Workplace Act (1988)

Required federal contractors to develop and implement drug-free workplace policies - 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 30 days. - 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 five years' prohibition for any further contracts or grants

The Patient Protection and Affordable Care Act (PPACA) (2010)

Signed into law by President Barack Obama on March 23, 2010, this law is commonly referred to as the Affordable Care Act. It has created health insurance trading centers in each state where employees and those who are unemployed can shop for health insurance coverage. These trading centers are the American Health Benefit Exchanges and Small Business Health Options Program (SHOP). Individuals and business owners of organizations with fewer than 100 workers can purchase insurance through these exchanges. It applies to all employers with 50 or more full-time workers on the payroll. Employers with fewer than 50 full-time workers are exempt from coverage under the law. Effective January 1, 2014, covered employers must either provide minimum health insurance coverage to their full-time employees or face a fine of $2,000 per employee, excluding the first 30 from the assessment. Employers with fewer than 25 employees will receive a tax credit if they provide health insurance to their workers. In 2018, changes in the Affordable Care Act included elimination of the financial penalties for individuals who do not sign up for health insurance.

The Omnibus Budget Reconciliation Act (OBRA) (1993)

Signed into law by President Bill Clinton on August 10, 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.

The Occupational Safety and Health Act (OSHA) (1970)

Signed into law by President Richard M. Nixon on December 29, 1970, the 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). - "General Duty Clause" in OSHA's regulations says employers shall furnish each employee with a place of employment free from recognized hazards that are likely to cause death or serious injury. - The law applies to all employers regardless of the employee population size. - Employers with 10 or more people on the payroll must summarize all injury and illness instances and post that summary in a conspicuous place within the workplace. - Exemptions: industry Standard Industrial Classification (SIC) code. - These records must be maintained for a minimum of five years from the date of the incident. -

The Retirement Equity Act (REA) (1984)

Signed into law by President Ronald Reagan on August 23, 1984, the REA provides certain legal protections for spousal beneficiaries of qualified retirement programs. It prohibits changes to retirement plan elections, spousal beneficiary designations, or in-service withdrawals without the consent of a spouse. Changing withdrawal options does not require spousal consent. It permits plan administrators to presume spousal survivors annuity and reduce primary pension amounts accordingly. Specific written waivers are required to avoid spousal annuity.

The Copyright Act (1976)

The Copyright Act 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 is 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 up any possible misunderstandings.

Guidelines on Discrimination Because of Sex (1980)

The Equal Employment Opportunity Commission (EEOC) published these guidelines to help employers understand what constituted unwanted behavior and harassment. They were issued long before the U.S. Supreme Court considered the leading cases on sexual harassment. This is about 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 Foreign Corrupt Practices Act (FCPA) (1977)

The 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 bribery payment to a foreign company or its employees.

The Fair Labor Standards Act (FLSA) (1938)

The FLSA is one of a handful of federal laws that establish the foundation for employee treatment. It is a major influence in how people are paid, in employment of young people, and in how records are to be kept on employment issues such as hours of work. The law introduced a maximum 40-hour 7-day workweek, established a national minimum wage, guaranteed "time-and-a-half" for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor," a term that is defined in the statute. It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. It is interesting to note that the FLSA, rather than the Civil Rights Act of 1964, is the first federal law to require employers to maintain records on employee race and sex identification.

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

The HITECH 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 Immigration and Nationality Act (INA) (1952)

The INA is the 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. It addresses employment eligibility and employment verification. It defines the conditions for the temporary and permanent employment of aliens in the United States.1 The INA defines an "alien" as any person lacking citizenship or status as a national of the United States. The INA differentiates aliens in these ways: Resident or nonresident Immigrant or nonimmigrant Documented and undocumented The need to curtail illegal immigration led to the enactment of the Immigration Reform and Control Act (IRCA).

The Social Security Act (1935)

The Social Security program began in 1935 in the heart of the Great Depression. It was initially designed to help senior citizens when that group was suffering a poverty rate of 50 percent. It currently includes social welfare and social insurance programs that can help support disabled workers who are no longer able to earn their wages. The Social Security program is supported through payroll taxes with contributions from both the employee and the employer. Those 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 the following: 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

The Wagner-Peyser Act (1933) [as Amended by the Workforce Investment Act of 1998]

The Wagner-Peyser Act created a nationwide system of employment offices known as Employment Service Offices. They 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 complicated formula.

100 employees

The final major threshold for employers is reached when the payroll reaches 100 employees. At that time employers become subject to the WARN Act and are required to submit annual reports to the federal government summarizing their race and sex demographics.

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 Fair Credit Reporting 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.

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 they 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 Mental Health Parity and Addiction Equity Act (MHPAEA) (2008)

This is an amendment of the Mental Health Parity Act of 1996. It requires that plans that offer both medical/surgical benefits and mental health and/or substance abuse treatment benefits provide parity between both types of benefits. All financial requirements (for example, deductibles, co-payments, co-insurance, out-of-pocket expenses, and annual limits) and treatment requirements (for example, frequency of treatment, number of visits, days of coverage) must be the same for treatment of both mental and physical medical problems.

The National Labor Relations Act (NLRA) (1935)

This is the "granddaddy" of all labor relations laws in the United States. 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 the rights to organize, join unions, and engage in collective bargaining and other "concerted activities." It also protects against unfair labor practices by employers. It established the National Labor Relations Board (NLRB), which hears charges of violation and makes rulings as a court would. Following on the heels of the National Industrial Recovery Act's failures, this law stepped into the void and addressed both union and employer obligations in labor relations issues. It established the NLRB, which would help define fair labor practices in the following decades. The NLRB has the power to accept and investigate complaints of unfair labor practices by either management or labor unions. It plays a judicial role within an administrative setting. This law is sometimes called the Wagner Act. Some key provisions include the following: 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 The requirement that unions represent all members equally. Covers nonmanagement employees in private industry who are not already covered by the Railway Labor Act

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

This is the first law to require new employees to prove both their identity and their right to work in this country. Regulations implementing this law created Form I-9, 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 make sure 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 that hire illegal aliens.

The Trademark Act (1946)

This is the legislation that 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. HR people may well have a role to play in training employees in how to properly handle organizational trademarks and the policies that govern those uses.

The National Defense Authorization Act (2008)

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

Executive Order 11246—Affirmative Action (1965)

This is the presidential order that created what we now know as employment-based affirmative action. In 1965, President Johnson was past the days when he approved the Civil Rights Act, and he was in the process of examining how it was being implemented around the country by employers. He concluded that the law was pretty much being ignored. He needed something to stimulate implementation of the employment provisions in the Civil Rights Act, Title VII. His staff suggested they require affirmative action programs from federal contractors. A new program was born. President Johnson said that if a company wanted to receive revenue by contracting with the federal government, it would have to implement equal employment opportunity and establish outreach programs for minorities and women. At the time, minorities and women were being excluded from candidate selection pools. If they couldn't get into the selection pools, there was no way for them to be selected. The Office of Federal Contract Compliance Programs (OFCCP) is the civil rights enforcement agency that currently has responsibility for enforcing the Executive Order along with other laws. Federal Acquisition Regulations (FAR).

The Revenue Act (1978)

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

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, plan 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 that offer retirement plans must also conform with the IRS code 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 when 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. 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 Unemployment Compensation Amendments Act (UCA) (1992)

This law established 20 percent 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 Small Business Job Protection Act (SBJPA) (1996)

This law increased federal minimum wage levels and provided some tax incentives to small business owners to protect jobs and increase take-home pay. It also amended the Portal-to-Portal Act for employees who use employer-owned vehicles. It created the SIMPLE 401(k) retirement plan to make pension plans easier for small businesses. Other tax incentives created 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 Tax Reform Act (1986)

This law made extensive changes to the Internal Revenue Service (IRS) 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. This is the law that required all dependent children to have Social Security numbers. That provision reduced the number of fraudulent dependent children claimed on income tax returns by seven million in its first year. For HR professionals, answers to employee questions about the number of exemptions to claim on their Form W-4 is greatly influenced by this requirement for dependent Social Security numbers.

The Pregnancy Discrimination Act (1978)

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

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 provide 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. Blood-borne pathogens and transmission of human blood-borne illnesses such as AIDS/HIV and hepatitis are key targets of this law. Reducing the amount of injury and subsequent illness because of puncture, stab, or cut wounds is a primary objective. There are communication requirements, including employment poster content requirements.

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

This law offers a wide range of mandates affecting all federal financial regulatory agencies and almost every part of the nation's financial services industry. It includes a nonbinding 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 whistle-blowers. Congress recently passed legislation signed two days later by the U.S. president that loosens key portions of the act by exempting dozens of banks from strict regulation.

The Work Opportunity Tax Credit (WOTC) (1996)

This law provides federal income tax credits to employers that hire from certain targeted groups of job seekers who face employment barriers. The amount of tax credit is adjusted from time to time and currently stands at $9,600 per employee.

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 1 from the work requirements. Parents with children under the age of 1 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 exceeding $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 prohibits 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 Mental Health Parity Act (MHPA) (1996)

This legislation requires health insurance issuers and group health plans to adopt the same annual and lifetime dollar limits for mental health benefits as for other medical benefits.

The Rehabilitation Act (1973)

This replaced the Vocational Rehabilitation Act and created support for states to establish vocational rehabilitation programs. The term originally used in this legislation was handicapped. The law was later modified to replace that term with disabled.

The National Industrial Recovery Act (1933)

This was an attempt to help the country move forward from the effects of the Great Depression. It proposed the creation of "Codes of Fair Competition" for each of several different industries. Essentially, every business would have to identify with and belong to a trade association. The association would then be required to create a Code of Fair Competition for the industry. Antitrust laws would be suspended in favor of the code. Of course, the code would have to be approved by the president of the United States, and the 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. This law didn't fare very well. It was declared unconstitutional by the United States Supreme Court in 1935 and was replaced by the National Labor Relations Act later that same year.

The Worker Adjustment and Retraining Notification Act (WARN) (1988)

This was the first attempt by Congress to involve local communities early in the private sector's downsizing process. It also prevented employers from just shutting the door and walking away without any worker benefits. It applies to all employers with 100 or more full-time workers at a single facility. The law specifies a qualifying employer to be one that has 100 or more employees who in the aggregate work at least 4,000 hours per week (exclusive of hours of overtime). The term plant closing refers to the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees, excluding part-time employees. The term mass layoff refers to a reduction in force that is not the result of a plant closing and results in an employment loss at the single site of employment during any 30-day period for (1) at least 500 full-time employees or (2) 33 percent of the total number of full-time employees for employers with 50 to 499 employees.

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. The FCRA also protects the privacy of background investigation information and provides methods for ensuring 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.

The Lilly Ledbetter Fair Pay Act (2009)

This was the first piece of legislation signed by President Barack Obama after he was inaugurated as the 44th president of the United States. It was passed by Congress in reaction to the U.S. Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618 (2007). This law 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 years 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.

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

USERRA provides instructions for handling employees who are in the reserves and receive orders to report for active duty. The law protects the employment, reemployment, and retention rights of anyone who voluntarily or involuntarily serves or has served in the uniformed services. It requires that employers continue paying for the employee's benefits to the extent they paid for those benefits before the call-up. It 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 has to engage the employer in return-to-work conversations after being released from active military duty.

The Securities and Exchange Act (1934)

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

Whistle-Blowing

Whistle-blower laws usually apply to public-sector employees and employees of organizations contracting with the federal government or state governments. They are designed to protect individuals who publicly disclose information about corrupt practices or illegal activities within their employer's organization. Often, such events occur when someone is mishandling money, contracts, or other assets. Construction projects not being built to specifications can result in whistle-blowing by governmental employees. Employees of financial services companies (banks, credit unions, stock brokerages, and investment firms) have been in the headlines during recent years. They uncovered and disclosed misbehavior among people in their companies and were protected under whistle-blower provisions of various laws. Whistle-blowers are protected from disciplinary action, termination, or other penalty.

The Sherman Anti-Trust Act (1890)

first federal action against monopolies; the law gave government power to regulate combinations "in restraint of trade." Until the early 1900s, however, this power was used more often against labor unions than against trusts.

The Family and Medical Leave Act (FMLA) (1993)

n general, the Family and Medical Leave Act (FMLA) sets in place new benefits for some employees in the country. If their employer has 50 or more people on the payroll, then they are required to permit FMLA leave of absence for their workers. FMLA provides for leaves lasting up to 12 weeks in a 12-month period, and it is unpaid unless the employer has a policy to pay for the leave time. The 12-month period begins on the first day of leave. A new leave availability will occur 12 months from the date the first leave began. During the leave, it is an obligation of the employer to continue paying any benefit plan premiums that the employer would have paid if the employee had remained on the job. If there is a portion of the premium for health insurance that is normally paid by the employee, that obligation for co-payment continues during the employee's leave time. The 12 weeks of leave may be taken in increments of one day or less. To qualify, employees must have more than one year of service and must have worked at least 1,250 hours for the employer in the past year. The leave is authorized to cover childbirth or adoption; to care for a seriously ill child, spouse, or parent; or in case of the employee's own serious illness. The employee is guaranteed return to work on the same job, at the same pay, under the same conditions as prior to the leave of absence. There are provisions for "Military Caregiver Leave" lasting up to 26 weeks of unpaid leave of absence for employees with family members needing care due to a military duty-related injury or illness. The 26-week limit renews every 12 months.