Federal Employment Laws that may Apply to Your Company

Below are applicable federal employment and labor laws that apply based on the corresponding size of the company. With respect to each statute we have identfied the gist of the law, although keep in mind the statutes are usually several pages long and the regulations and court decisions that accompany each statute will likely comprise thousands of pages. We have also identified applicable web-sites that can be searched for additional information.

Federal Statute # of Employees Application and Discussion Related
Title VII of the Civil Rights Act of 1964 15 or more Title VII prohibits discrimination by an employer against an individual with respect to his or her compensation, terms, conditions, or privileges of employment, based on an individual's race, color, religion, sex, or national origin. Equal Employment Opportunity Commission
The Americans with Disabilities Act of 1990 15 or more The ADA makes it unlawful for an employer to (1) limit an applicant or employee in some way that adversely affects the opportunities of such applicant or employee because of the disability of such applicant or employee; or (2) fail to make reasonable accomodation for an otherise qualified individual's known physical or mental impairment. Equal Employment Opportunity Commission
The Age Discrimination in Employment Act of 1967 20 or more The ADEA prohibits arbitrary age discrimination against persons 40 years of age and older. The ADEA makes it unlawful for an employer to refuse to hire, or otherwise classify or refer for employment, any individual because of his or her age. Equal Employment Opportunity Commission
The Immigration Reform and Control Act of 1986 Any This Act requires all employers to verify the employment eligibility and identify of all employees hired to work in the United States. To implement the law, employers are required to complete I-9 forms for all employees, including U.S. citizens. U.S. Citizenship and Immigration Services
The Fair Labor Standards Act Any The FLSA establishes minimum wage, overtime pay, and record keeping standards affecting full-time and part-time workers. A key component of the FLSA relates to the requirement that employees who do NOT qualify for any of the stated exemptions (e.g., "administrative", "executive", and "professional") from overtime pay, MUST receive one and one half times their "regular hourly rate" for all hours worked in excess of 40 hours in a work week. U.S. Dept. of Labor
The Family and Medical Leave Act of 1993 50 or more The FMLA permits eligible employees to take up to 12 weeks of unpaid leave of absence because of the birth of a child, to care for a family member with a serious medical condition, or because of the employee's serious medical conditions prevents the employee from performing the functions of his or her job. U.S. Dept. of Labor
The Equal Pay Act of 1990 Any This law prohibits wage discrimination between mean and women in substantially equal jobs within the same establishment. Equal Employment Opportunity Commission
Section 1981 of the Civil Rights Act of 1866 Any This law prohibits discrimination against employees based on race. Equal Employment Opportunity Commission
The Uniformed Services Employment and Re-employment Act of 1994 Any This Act prevents employment discrimination in hiring, promoting, re-employment, termination, and employment benefits based on an employee's military obligations. U.S. Office of Special Counsel
Worker Adjustment Retaining and Notification Act 100 or more WARN protects workers, their families, and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs. Employee entitled to notice under WARN include managers and supervisors, as well as hourly and salaried workers. WARN requires that notice also be given to employees' representatives, the local chief elected official, and the state dislocated worker unit. U.S. Dept. of Labor
Fair Credit Reporting Act Any The FCRA The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Credit Reporting Act (FCRA), a law that protects the privacy and accuracy of the information in your credit report. The FCRA spells out your rights as a job applicant and an employer’s responsibilities when using credit reports and other background information to assess your application. The law also enables you to get a free copy of your credit report by requiring each of the three national credit reporting companies — TransUnion, Equifax and Experian — to provide it to you every 12 months if you ask. That means if you stagger your requests to each of the companies, you can get a free copy of your credit report every four months.   Federal Trade Commission
National Labor Relations Act Any The NLRA protects the rights of employees to create labor unions, discuss organizing and workplace issues among coworkers, engage in collective bargaining, and taking part in strikes and other forms of protected concerted activity in support of their demands. National Labor Relations Board
Occupational Safety and Health Act of 1970 Any The OSHA statute governs occupational health and safety of employees and is intended to ensure that employers provide employees with an environment free from recognized hazards.   Occupational Safety and Health Administration
Consolidated Omnibus Budget Reconciliation Act of 1985 20 or more COBRA establishes the requirements on an employer when an employee loses health insurane coverage as a result of separation from employment. U.S. Dept. of Labor
Genetic Information and Nondiscrimination Act of 2008 15 or more GINA prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future. Department of Health and Human Services