Employment Statutes

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Civil Rights Act of 1866

  • Provides all citizens the same rights as "white citizens" to make and enforce contracts.

Civil Rights Act of 1871

  • Provides all citizens the right to sue if deprived of constitutional rights as a result of state action, custom or conspiracy.

Social Security Act of 1935

  • Provides retirement income, disability benefits, survivor's benefits, and hospital and medical insurance through Medicare.

Fair Labor Standards Act (FLSA) of 1938

  • Establishes child labor, record keeping, and minimum wage standards including the payment of overtime. Defines exempt and non-exempt employee and independent contractor.

Equal Pay Act of 1963

  • Prohibits wage discrimination among employees on the basis of sex, when the work requires equal or substantially similar skills, effort and responsibility and is performed under similar working conditions.

Title VII, Civil Rights Act of 1964

  • Prohibits "discrimination in compensation, terms, conditions, or privileges of employment", "limiting, segregating or classifying employees", "depriving employees of job opportunities or  training" because of race, religion, color, gender, or national origin, and prohibits "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature".

Immigration and Naturalization Act of 1966

  • Requires employers to ask new hires for specific documents to show they are authorized to work in the US.

Age Discrimination in Employment Act (ADEA) of 1967

  • Prohibits employment discrimination against job applicants and employees aged 40 or over, in recruiting, hiring, promoting, firing and laying off employees.

Wage Garnishment Act of 1968

  • Prohibits employers from terminating an employee for indebtedness, even if that indebtedness results in repeated garnishments.

Occupational Safety and Health Act (OSHA) of 1970

  • Requires all employers to provide a workplace free of recognized hazards (OSHA Standards) that are causing or likely to cause death or serious harm to employees.

Fair Credit Reporting Act (FCRA) of 1970

  • Requires employers to inform applicants in writing if an inquiry into the applicant's financial status will be conducted, answer applicant's questions about the scope and nature of the inquiry and provide the  name and address of any third party involved if the applicant is denied employment as a result.

Equal Employment Act of 1972

  • Amends Civil Rights Act of 1964, expands number of protected classes under Title VII and strengthens EEOC enforcement powers by providing it with right to sue employers.

Vocational Rehabilitation Act of 1973

  • Requires employers who have federal contracts of $2,500 or more to take affirmative action toward qualified disabled individuals and develop more active procedures to find and accommodate the needs of protected  workers.

Employee Retirement Income Security Act (ERISA) of 1974

  • Provides standards, controls and informational requirements that employers must follow to obtain and maintain tax deductions for employer provided benefits .

Vietnam-Era Veterans Readjustment Act of 1974

  • Requires employers who have federal contracts of $10,000 or more to take affirmative action to hire and promote qualified disabled veterans and Vietnam-era veterans, list job vacancies and develop affirmative action plans to improve the hiring and advancement of veterans.

Federal Military Selective Service Act

  • Requires employers to provide employees returning from US military service with the same wages, benefits and rights they would have had if not for absence due to military service.

Jury System Improvement Act of 1978

  • Prohibits discharging, discriminating against, or coercing any full-time employee for serving on a jury. Requires such time off be treated as a leave of absence and reinstatement without loss of seniority or benefits.

Uniform Guidelines on Employee Selection Procedures of 1978

  • Prohibits selection policies or practices that have an adverse impact on the employment opportunities of any race, gender, or ethnic group without business necessity justification.

Pregnancy Discrimination Act of 1978

  • Requires employers to treat pregnancy the same as any other temporary disability, prohibits forced resignation or mandatory leaves of absence.

Revenue Act of 1978

  • Provides employees a mechanism for deducting elective non-taxable benefits from payroll and deferring taxes on retirements savings.

Retirement Equity Act of 1984

  • Provides protections for spousal beneficiaries of qualified retirement programs, including consent and distribution requirements.

Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985

  • Provides terminated or otherwise separated employees and their families opportunity to temporarily continue health benefit coverage with former employer's group plan.

Tax Reform Act of 1986

  • In addition to "simplifying" Tax Code, limits salary deferral contributions, compensation limits and retirement savings opportunities.

Immigration Reform and Control Act (IRCA) of 1986

  • Prohibits discrimination against foreign-looking job applicants, penalizes employers for hiring applicants who are not entitled to work in the US, and requires applicants to provide evidence of identity and right to work in US.

Employee Polygraph Protection Act of 1988

  • Prohibits employers from requiring or requesting polygraph exams, or other mechanical or electrical devices for pre-employment screening for most positions.

Drug-Free Workplace Act of 1988

  • Requires employers to maintain a drug-free workplace if a federal contractor.

Worker Adjustment and Retraining Notification Act (WARN) of 1988

  • Requires employers with 100+ employees to give 60-day advance notice of a mass layoff affecting 50 or more employees or 1/3 of workforce at one site w/i 30 days.

Americans with Disabilities Act (ADA) of 1990

  • Prohibits discrimination against people with disabilities in employment, public services, transportation, public accommodations and telecommunications. Requires reasonable accommodation and facility access.

Older Workers Protection Act of 1990

  • Prohibits age-based distinctions in benefit plans and sets standards for age-related waivers and claim release agreements.

Civil Rights Act of 1991

  • Obligates employers to prove that "disparate impact" practices have a "business necessity". Adds "motivating factor", compensatory and punitive damages for willful acts of  discrimination to Title VII.

Family and Medical Leave Act (FMLA) of 1993

  • Requires employers to provide qualified employees unpaid leave and return to work.

Labor-Management Relations Act (Surveillance)

  • Defines surveillance of concerted employee activities as either unfair or a privacy violation.

Individual Employment Rights

  • Prohibit wrongful acts, damage, willful negligent injury or harm to a person, property or reputation.

Employment at Will Rights

  • Provides employers with the right to hire, fire, demote and promote unless there is a law or contract to the contrary.

Defamation Rights

  • Provides employees with the right to file actions against employers for defamation by termination or by negative reference.

Invasion of Privacy Rights

  • Prohibit unnecessary intrusion into an employee's personal life and publication of private facts.

Negligence Rights

  • Provides employees with the right to file actions against employers who act in reckless disregard of the interests of others.

Notification Rights

  • Requires employers to post federal and state notices in employee workplaces.

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