Wages, Hours & Conditions of Employment
|
Law, Exec. Order or Regulation |
Coverage |
Brief Summary |
Primary Penalties |
Enforcement |
posting |
Fair Labor Standards Act (FLSA) |
Employers with 2 employees handling goods which have moved in “commerce” and annual dollar volume of sales of at least $500,000; certain employers have no ADV thresholds. Employers with <$500,000 ADV on 4/1/90 currently may be “grandfathered” as to overtime. Employers with <$500,000 and not a covered enterprise or “grandfathered” may be individually covered. |
Minimum wage of $5.15; overtime after 40 hrs./week at 1.5 times the regular rate; accurate time records required for all non-exempt employees; child labor restrictions apply; retaliation prohibited; for tipped employees, maximum tip credit of $3.02/hr. after 9/1/97. |
Civil: Employees (jury trial) or gov’t may sue for double back wages for 2-3 years; atty’s fees; child labor penalties up to $10,000/child; and penalties up to 1,000 for each employee for repeated or willful minimum wage or overtime violations. Compensatory and punitive damages available for retaliation. Opt-in class action available. |
U.S. Department of Labor (DOL) Wage-Hour Division |
Yes |
Federal Contractors and Subcontractors
|
Law, Exec. Order or Regulation |
Coverage |
Brief Summary |
Primary Penalties |
Enforcement |
posting |
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) |
Most agricultural employers including forestry operators; farm labor contractors. |
Requires disclosure of job terms, record keeping, payment of wages when due, housing /vehicle safety standards for migrant and seasonal workers; workers’ compensation arrangements; contractor licensing. |
Civil money penalties, lawsuits by workers for greater of statutory or actual damages; criminal penalties, including imprisonment for willful violations. |
DOL, Wage-Hour Division |
Yes |
Family and Medical Leave Act (FMLA) |
Employers engaged in interstate commerce with at least 50 employees within 75 miles. |
Requires up to 12 weeks (including intermittent leave) of unpaid, job-protected leave annually for certain family and medical reasons. |
Employees/DOL can sue for back wages and benefits, reinstatement, atty’s fees and actual losses sustained. Double damages possible for willful violations. |
DOL, Wage-Hour Division |
Yes |
Employment Practices
|
Law, Exec. Order or Regulation |
Coverage |
Brief Summary |
Primary Penalties |
Enforcement |
posting |
Title VII of the Civil Rights Act of 1964 |
Employers engaged in interstate commerce with at least 15 employees. |
Prohibits discrimination because of race, color, national origin, religion, sex, pregnancy (incl. childbirth or related condition). |
Employees/EEOC can sue for back wages, reinstatement, promotion, atty’s fees; for intentional discrimination, employees can sue for “capped” compensatory and punitive damages with jury trial allowed; Rule 23 class action available. |
Equal Employment Opportunity Commission (EEOC) |
Yes |
Title I of the Americans with Disabilities Act of 1990 (ADA) |
Employers engaged in interstate commerce with at least 15 employees. |
Prohibits discrimination in terms, conditions, and privileges of employment against individuals with disabilities who, with reasonable accommodation if needed, can perform essential job functions. |
Employees/EEOC can sue for back wages, reinstatement, promotion, atty’s fees; for intentional disability discrimination, employees can sue for “capped” compensatory and punitive damages with jury trial allowed; Rule 23 class action available. |
Equal Employment Opportunity Commission (EEOC) |
Yes |
Section 1981, Title 42 U.S.C. (Civil Rights Act of 1866) |
All private employers, including individuals, regardless of size or dollar volume. |
Prohibits racial and ethnic bias in employment. |
In addition to suits for back wages, reinstatement, promotion, and atty’s fees, allows jury trials and “uncapped” punitive and compensatory damages. |
Private Lawsuits |
No |
Age Discrimination in Employment Act (ADEA) including Older Workers Benefit Protection Act (OWBPA) |
Employers engaged in interstate commerce with at least 20 employees. |
Prohibits age discrimination in employment, including benefits, for employees age 40 or over. |
Employees or EEOC can sue for back wages with jury trial; atty’s fees; double damages if violation willful; opt-in class action available. |
Equal Employment Opportunity Commission (EEOC) |
Yes |
Equal Pay Act of 1963 (EPA) |
Generally, employers with 2 employees handling goods which have moved in interstate commerce and annual dollar volume of sales of at least $500,000; certain employers have no dollar volume thresholds. |
Prohibits pay differentials on basis of sex in substantially equal work requiring equal skill, effort and responsibility under similar working conditions. No exemption for executive, administrative, professional and outside sales employees. |
Employees or EEOC can sue for double back wages for 2-3 years; jury trial; atty’s fees; opt-in class action available. |
Equal Employment Opportunity Commission (EEOC) |
Yes |
Employee Polygraph Protection Act of 1988 (EPPA) |
Employers subject to the FLSA; exemptions for state and local governments and certain gov’t contractors and employers in the security and drug industries. |
Generally prohibits the use of “lie detectors” and “lie detectors” results in private employment; limited exemptions apply for certain internal investigations. |
Civil money penalties up to $10,000. Gov’t/employee can sue for lost wages, benefits, employment, reinstatement, promotion, and atty’s fees. |
DOL, Wage-Hour Division |
Yes |
Uniformed Services Employment and Reemployment Rights Act (USERRA) |
All employers. |
Prohibits discrimination on the basis of uniformed service and guarantees the reemployment of veterans and other members of the uniformed services returning to their prior employment. |
Employees/Atty. Gen. on behalf of employees can sue for loss of wages or benefits and atty’s fees; liquidated damages if violation is willful. |
U.S. DOL’s Veterans Employment and Training Service |
No |
Immigration Reform and Control Act of 1986 (IRCA) |
All employers. |
Prohibits hiring of illegal aliens; requires verification and record keeping of work authorization documents. |
Up to $10,000 fine for hiring violations; fines up to $1,000 for record keeping violations. |
Dept. of Justice’s Immigration & Naturalization Service |
No |
Department of Transportation Drug Testing Regulations |
All employers operating 15-passenger buses or vehicles over 26,000 lbs. and/ or moving hazardous materials; other Reg. Sections cover aviation, RR, shipping, and natural gas industries. |
Requires employers to conduct drug tests of certain employees in compliance with strict regulations; provides education and minimal Employee Assistance Programs (EAP). |
Penalties vary from agency to agency and range from monetary citation to loss of FAA certification. |
Federal Highway Adm., U.S. Coast Guard, FAA, Federal Railroad Adm., Urban Mass Transportation Adm. |
No |
Worker Adjustment and Retraining Notification Act (WARN) |
Employers with at least 100 employees. |
With some exceptions, requires 60-day notice to employees and state and local governments before layoffs of 50 or more employees. |
Payment of 60 days’ wages and benefits to employees; $500/day civil penalty paid to local government for up to 60 days. |
U.S. DOL issues regulations, but WARN is enforced only by private suit |
No |
Protection of Juror’s Employment (28 USC § 1875) |
All employers. |
Employer may not discharge, threaten to discharge, intimidate, or coerce any permanent employee solely because of federal jury service. |
Civil penalties up to $1,000 for each violation; court-appointed counsel may sue on behalf of employee for lost wages or benefits in accordance with employer’s policy, reinstatement, and atty’s fees. |
United States District Court |
No |
Bankruptcy Code (11 USC § 525) |
Private and public employees. |
Prohibits termination or discrimination in employment against a covered debtor, bankrupt, or individual associated with such debtor or bankrupt solely because of such debtor or bankrupt status. |
Suit for injunction and damages; lost wages, back pay, reinstatement, emotional distress. |
Private lawsuits |
No |
Taxes, Insurance and Employee Benefits
|
Law, Exec. Order or Regulation |
Coverage |
Brief Summary |
Primary Penalties |
Enforcement |
posting |
Social Security Act (FICA) |
Employers who pay over $50 per quarter in wages. |
Employer and employee each must contribute 7.65% of wages up to $76,200 and 1.45% over $76,200 for 2000; wage base subject to annual adjustment. |
Back taxes plus interest and penalties collectible by IRS. |
U.S. Social Security Admin. and Internal Revenue Service (IRS) |
No |
Federal Unemployment Tax Act (FUTA) |
Employers who employ 1 or more persons 20 or more weeks/year; also, any person who paid cash wages of at least $1,000 for domestic service during any calendar quarter in current or preceding calendar year. |
Must contribute 0.8% (varies with credits for participation in state unemployment programs) of up to $7,000 of each employee’s wages. |
Back taxes plus interest and penalties collectible by IRS. |
Internal Revenue Service (IRS) |
No |
Employee Retirement Income Security Act of 1974 (ERISA) |
Employers in interstate commerce. |
Requires extensive pension and welfare plan reporting, plus disclosure to plan participants and beneficiaries; minimum participation, vesting, and funding standards for pension plans, including profit-sharing plan termination insurance for pension plans. |
Employees, beneficiaries, or Gov’t can sue for benefits and to enforce rights; administrative fines up to $1,000/day for failure to file annual report; personal liability of up to $100/day for failure to provide timely information to participant. |
DOL, Office of Pension and Welfare Benefits and Pension Benefit Guaranty Corp. |
No |
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) |
Employers involved in interstate commerce and claiming tax deduction for group health plan expenses or who have “highly compensated employees” participating in group health plans; exception if <20 employees in preceding year. |
Requires continuation/coverage under employer’s group health plan to employees, spouses, and/or dependent children upon the occurrence of specified events, including termination of employment or reduction in hours. |
Same as ERISA, plus personal liability up to $100/day for failure to timely employee or dependent with notice of commencement of coverage or election form. |
DOL and Internal Revenue Service |
No |
Health Maintenance Organization Act (HMO) |
Employers subject to the FLSA’s minimum wage provision with at least 25 employees, offering a health benefits plan, and with at least 25 employees in HMO service area. |
Since 10/24/95 employer may offer membership in qualified HMOs voluntarily, but covered employers no longer can be required to offer an HMO option. However, an employer who voluntarily offers an HMO option (or who was obligated to offer and HMO option before 10/24/95) may not discriminate financially against those employees who enroll in an HMO. |
Fines of up to $10.000 for every 30-day period when employer is out of compliance. |
Dept. of Health &Human Services’ Office of Health Maintenance Organization |
No |
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) |
Employers subject to ERISA, Internal Revenue Code (IRC) or Public Health Service Act (PHSA) and who employ two or more employees; excludes governmental plans. |
Prohibits discrimination based on health-related factors in providing group health insurance benefits; requires certification of participant’s periods of group health coverage; limits pre-existing condition exclusion periods; expands and clarifies COBRA coverage. |
Employees or beneficiaries can sue for benefits and to enforce rights to benefits; tax of up to $100/day for violations of the law, minimum penalty $2,500 if discovered through IRS audit, maximum penalty $500,000. |
U.S. Dept. of Labor (DOL), Department of Health and Human Services (HHS) and Internal Revenue Service (IRS) |
No |
Labor Relations
|
Law, Exec. Order or Regulation |
Coverage |
Brief Summary |
Primary Penalties |
Enforcement |
posting |
National Labor Relations Act (NLRA) |
Employers in interstate commerce. |
Employee rights to engage in protected concerted activity; organize or decertify union. |
Cease-and-desist order; reinstatement of employees with back pay; injunction proceedings; NLRB orders enforceable in federal court. |
National Labor Relations Board (NLRB) |
Prior to election |
Railway Labor Act |
Airlines, RR’s, Express co’s, some related co’s. |
Regulates co-union elections/ mandatory dispute-resolution processes. |
Civil/ criminal; up to $20,000 and/or 6 month prison/ day of violation. |
Atty. Gen,. or private federal court suits |
Prior to election |
Safety
|
Law, Exec. Order or Regulation |
Coverage |
Brief Summary |
Primary Penalties |
Enforcement |
posting |
Occupational Safety and Health Act (OSHA) |
Employers in interstate commerce. |
Employer must furnish safe employment according to designated workplace standards; record keeping, no retaliation against employees for exercising rights. |
Civil penalties for violations of standards; Gov’t /employee can sue for reinstatement and back pay; possible criminal action. |
OSHA, DOL |
Yes |
Garnishment
|
Law, Exec. Order or Regulation |
Coverage |
Brief Summary |
Primary Penalties |
Enforcement |
posting |
Consumer Credit Protection Act, Title III (Federal Wage Garnishment Law) |
Employers under the federal Wage-Hour Law. |
Restricts garnishment withholding to 25% or less of disposable income; allows larger deductions for support/ alimony garnishments; no discharge for one or more garnishments of single debt. |
Gov’t can sue for excess withholding, reinstatement and back pay. |
DOL, Wage-Hour Division |
No |
Student Loan Garnishments |
All Employers. |
No more than 10% of employee’s pay many be deducted to collect student loan payments without consent; employer many not discharge, refuse to hire or discipline because of student loan garnishments. |
Employer can be held liable for amount it should have withheld, plus atty’s fees, costs, punitive damages; employee can sue for reinstatement, back pay, punitive damages, atty’s fees. |
Dept. of Education or guaranty agency holding the loan |
No |
Privacy
|
Law, Exec. Order or Regulation |
Coverage |
Brief Summary |
Primary Penalties |
Enforcement |
posting |
Fair Credit Reporting Act (FCRA) |
Employers in interstate commerce. |
Requires prior disclosure of intent to use consumer report, signed authorization from applicant/ employee, and disclosures to applicant/ employee before and after adverse action if related to report. |
Civil suit for noncompliance (actual and punitive damages); agency action for damages and for penalties up to $2,500 per violation; criminal liability for obtaining report under false pretenses (fines and up to 2 yrs. in prison). |
Federal Trade Commission (FTC) |
No |
Walsh-Healey Public Contracts Act (PCA) |
Employees, of employers W/fed. gov’t supply contracts in excess of $10,000, who work on gov’t contract. |
Generally, employer must pay covered employees 1.5 times basic rate for all hours worked over 40 in a workweek in which any PCA work is performed by the employee. |
Gov’t withholds funds and can collect back wages; $10/day fine each minor under 16 knowingly employed; debar from future contracts. |
DOL, Wage-Hour Division |
Yes |
McNamara-O’Hara Service Contract Act (MOSCA) |
Employers w/fed, gov’t service contracts in excess of $2,500 involving use of service employees. |
Employer must pay specified minimum hourly rates and fringe benefits. |
Gov’t can withhold funds and collect back wages; debar from future contracts. |
DOL, Wage-Hour Divsion |
Yes |
Davis-Bacon Act |
Federal public works contractor on contracts in excess of $2,000. |
Employer must pay specified minimum hourly rates and specified fringe benefits. |
Gov’t can withhold funds and collect back wages; debar from future contracts. |
Contracting Agency and/or DOL, Wage-Hour Division |
Yes |
Copeland “Anti-Kickback” Act |
Federal contractors, subcontractors, employers and foremen with respect to construction or repair of any public building or public work financed in whole or in part by loans or grants from U.S. |
Federal contractors, subcontractors, employers, and foremen may not make deductions from pay (except for deductions permitted by 29 CFR Part 3 or pre-approved by Sec. of Labor) by force, threat, or intimidation; requires weekly reports of wages paid each employee on covered contract. |
Fines of up to $5,000 or imprisonment for not more than 5 years. |
Contracting Agency and/or DOL, Wage-Hour Division |
No |
Contract Work Hours and Safety Standards Act (CWHSSA) |
Federal contracts for $100,000 or more, including construction, requiring employment of laborers and mechanics other than contracts subject to Walsh-Healey Public Contracts Act (PCA). |
Employer must pay 1.5 times basic rate if the employees actually works more than 40 hours in a workweek on federal contracts or subcontracts. |
Government can withhold funds and collect back wages; debar from future contracts; $10/day penalty for each day overtime worked without payment of proper overtime. |
DOL, Wage-Hour Division |
Yes |
Executive Order 11246 |
Employers with gov’t contracts in excess of $10,000 in any 12-month period. |
Requires anti-discrimination clause in contract plus written affirmative action plan for single contract of $50,000 and 50 employees. |
Terminate contract; debar from contracts; collect back wages; prosecute for false statements. |
DOL’s Office of Federal Contract Compliance Programs (OFCCP) |
Yes |
Rehabilitation Act of 1973, Section 503 |
Employers with gov’t contracts in excess of $10,000. |
Requires affirmative action and nondiscrimination in employment of disabled persons. Written AAP required if 50 employees and a contract of $50,000. |
Gov’t can withhold funds, collect back wages and require hiring, reinstatement or promotion; debar from future contracts. |
DOL’s Office of Federal Contract Compliance Programs (OFCCP) |
Yes |
Rehabilitation Act of 1973, Section 504 |
Employer programs or activities receiving federal financial assistance. |
Prohibits discrimination, denying benefits, or exclusion from participation, including employment , regarding any qualified disabled individual. |
Gov’t can withhold funds and collect back wages; debar from future contracts; employee can sue for back wages and reinstatement or hiring; compensatory and punitive damages available. |
Federal Agency responsible for providing financial assistance. |
Yes (on EEOC’s consoli- dated poster) |
Vietnam Era Veteran Readjustment Assistance Act (VEVRAA) |
Employers with gov’t contract of $25,000 or more. |
Requires affirmative action regarding Vietnam era veterans and disabled veterans; Written AAP Required if 50 employees and a contract of $50,000. |
Gov’t can withhold funds, collect back wages, and require hiring, reinstatement, and promotion; debar from future contracts. |
U.S. DOL’s Office of Federal Contract Compliance Programs (OFCCP) |
Yes |
Executive Order 12989 |
Federal contractors and subcontractors. |
Dept. of Justice will receive complaints, investigate federal contractors or subcontractors for compliance with INA’s employment provisions. |
Debarment form federal contracts for 1 year for “knowingly” employing illegal aliens. |
Dept. of Justice |
No |
Drug-Free Workplace Act of 1988 |
Employers with federal contracts of $25,000 or more; all federal grant recipients. |
Establish drug-free awareness program and make good faith effort to carry out; requires penalties or rehabilitation for employees convicted of workplace drug offenses. |
Debarment from future contracts/grants. |
Federal agency that contracts or provides assistance |
None, but require distribution of certain information to all employees. |