These key human resource-related federal laws cover areas like discrimination and civil rights, health care coverage, fair wages, employee privacy, training, and issues regarding citizenship:
ADEA (Age Discrimination in Employment Act – 1967) What the law does: Prohibits discrimination against employees 40 or older based on age. Although this law originally covered employees until age 65, it was amended to age 70, and then an age limit was completely removed. Also see OWBPA later in this list. Who the law applies to: All private sector employers with 20 or more employees who work 20 or more weeks per year. Also covers labor unions (25 or more members), employment agencies, and state and local governments.
AC-21 (American Competitiveness in the 21st Century Act – 2000) What the law does: Raises limits on number of temporary visas issued for highly skilled labor. Includes increased training and educational opportunities for American citizens. Who the law applies to: Any company.
ADA (Americans with Disabilities Act - 1990) What the law does: Prohibits employers from discriminating against individuals with disabilities. Requires employers to provide “reasonable accommodation,” including modification of existing facilities, equipment, and work schedules so long as they do not impose “undue hardship” on business operations. Who the law applies to: All private employers with 15 or more employees.
COBRA (Consolidated Omnibus Reconciliation Act – 1986) What the law does: Provides certain former employees, retirees, spouses, former spouses, and children the right to temporary continuation of health coverage at group rates. Who the law applies to: Companies with 20 or more employees. (Some states also have their own version of COBRA, such as California’s CAL-COBRA.)
Equal Pay Act (1963) What the law does: Prohibits any discrepancies in pay between men and women and who are assigned to do the same job. Who the law applies to: Private employers or labor organizations who have two or more employees, and who are engaged in the production of goods for interstate commerce.
FLSA (Fair Labor Standards Act – 1938) What the law does: Establishes the minimum wage, requires overtime pay for certain employees, restricts the employment of children, and requires certain recordkeeping. Who the law applies to: Most companies, with a few exceptions in certain retail and agricultural industries.
FMLA (Family and Medical Leave Act – 1993) What the law does: Grants qualified employees a total of 12 work weeks of unpaid leave during a 12-month period for health-related reasons, including childbirth, family illness, or personal health reasons that preclude handling the job’s duties. In most cases, employee is guaranteed return to work in the same or comparable position. Company must communicate terms and provisions of this act to employees. Who the law applies to: Private employers with 50 or more employees within a 75-mile radius.
HIPAA (Health Insurance Portability and Accountability Act – 1996) What the law does: Establishes guidelines for protecting private personal information. Covered entities such as an employer’s health plan, healthcare providers, and healthcare clearinghouses must protect identifiable health information. Individuals have control over how their information may be used. Who the law applies to: All employers.
IRCA (Immigrant Reform and Control Act 1986, 1990, 1996) What the law does: Bans employers from hiring illegal aliens — and establishes penalties for such behavior. Employer is responsible for determining legality of employee’s status. Who the law applies to: All employers.
OWBPA (Older Workers Benefit Protection Act – 1990) What the law does: Amended version of 1967 Age Discrimination in Employment Act, prohibiting discrimination against workers age 40 or older. One provision gives employees a time frame (at least 21 days) to consider a company’s offer that includes a promise not to sue the company for age discrimination. It also gives employees seven days to change their minds. Who the law applies to: All private sector employers with 20 or more employees.
Patriot Act (2001) What the law does: Enhances federal government’s ability to conduct investigative and surveillance activities. Implication for employers: Need to implement new procedures to maintain employee privacy rights while also allowing release of information requested by the government. Who the law applies to: All employers.
SOA (Sarbanes-Oxley Act – 2002) What the law does: Creates stronger forms of fiscal accountability, including enhanced financial disclosure, increased corporate responsibility, and commitment to ethical behavior. Strongly recommends establishment of a company code of conduct/behavior. Who the law applies to: Publicly held companies and private firms considering conducting an initial public offering (IPO) of their stock.
Title VII of the Civil Rights Act (1964) What the law does: Prohibits practices that discriminate against people on the basis or race, sex, color, religion or national origin. Who the law applies to: Private employers with 15 or more employees, as well as virtually all government institutions, employment agencies, and labor unions.
WARN (Worker Adjustment and Retraining Notification Act – 1988) What the law does: Offers protection to workers, families, and communities, requiring employers to provide notice 60 days in advance of mass layoffs or plant closings. Who the law applies to: Generally covers companies with 100 or more employees.
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