Common
Employment Laws
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Immigration Reform and Control Act:
Prohibits discrimination in hiring on the basis of citizenship or
immigration status. Employers must verify eligibility for employment
through valid identification. Acceptable forms are listed on the INS
form I-9. Applies to employers with 1 or more employees. Violations
range from $250 to 10,000 per violation.
Title VII of the civil Rights Act:
Prohibits discrimination in employment, on the basis of race, color,
religion, sex, or national origin. Applies to employers with 15 or more
employees. $300,000.00 minimal fine for noncompliance.
Family and Medical Leave Act (FMLA):
Entitles employees in companies with 50 or more employees to take up to
12 weeks of unpaid leave in the event of child birth, adoption, or care
of an immediate family member with a serious health condition. Applies
to all PEO clients due to the PEO’s number of employees.
American with Disabilities Act (ADA):
Prohibits discrimination against persons with disabilities in
employment, public services, etc. Applies to employers with 15 or more
employees. $300,000.00 minimal fine for noncompliance.
Age Discrimination Employment Act (ADEA):
Prohibits employers from refusing to hire, promote, or terminate an
individual 40 years or older . Employers may not force an employee to
retire or give preferential treatment to a younger employee. Applies to
employers with 20 or more employees.
Occupational Safety and Health Act (OSHA):
Requires employers to maintain reasonably safe work conditions, maintain
records of reportable injuries, and notify OSHA in the event of a
catastrophic occupational occurrence. Most OSHA regulations apply to
employers with 10 or more employees.
Sexual Harassment: Prohibits
sexual harassment in the workplace. Sexual harassment may include
unwanted sexual advances, use of vulgar language, and/or, public display
of sexually oriented materials.
Employee Retirement Income Security
Act (ERISA): Requires fair and equitable treatment for all
employee welfare benefit programs. Plans include: self-insured, or
partially self-insured health plans, tax qualified retirement plans,
multiple employer welfare associations, and non-subscriber worker’s
compensation alternatives.
The Consolidated Omnibus Budget
Reconciliation Act (COBRA): Requires employers with 20 or more
employees who have health insurance to offer coverage upon termination.
Coverage must be extended for up to 18 months. Employers may charge a 2%
administration charge. COBRA requires the employers to notify employees
of their COBRA rights upon enrollment in the plan and within 14 days of
termination. The employee has 60 days to make the COBRA election and an
additional 45 days to pay all premiums current.
Health Insurance Portability &
Accountability Act (HIPPA): Requires employers to provide
certification of credible coverage when requested by the employee. HIPPA
restricts the application of pre-existing condition limitations on an
employee who was covered under a previous health plan. Applies to
employers with 1 or more employees.
Personal Responsibility and Work
Opportunity and Reconciliation Act (PRWORA): Requires employers
to report basic data (same as W-4 info) on all new employees to a state
agency within 20 days of hire. Also known as the “dead beat parent act”.
The info is used to locate person delinquent in their child support
payments. Applies to employers with 1 or more employees.
Fair Labor Standards Act (FLSA):
Requires employers to pay the prevailing minimum wage and overtime wages
for all hours in excess of 40 hours in a given week. Overtime wages are
calculated at one and a half times base pay for non-exempt employees.
Exempt employees are not eligible for overtime pay. Applies to employers
with 1 or more employees.
*PEO's assist employers with legal
compliance.
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