Comprehensive List of U.S. Employment and Labor Laws

Comprehensive List of U.S. Employment and Labor LawsComprehensive List of U.S. Employment and Labor LawsThe United States Department of Labor oversees and enforces more than 180 federal laws governing workplace activities for about 10 million employers and 125 million workers. The following is a list of employment laws that regulate hiring, wages, hours and salary, discrimination, harassment, employee benefits, paid time off, job applicant and employee testing, privacy, and other important workplace and employee rights issues. Significant Federal Employment and Labor Laws The Fair Labor Standards Actdetermines thefederal minimum wageand overtime pay of one-and-one-half-times the regular tarif of pay. It also regulateschild labor, limiting the number of hours that minors can work. Some U.S. states have a higher minimum wage and different overtime and child labor legislation. In those locations, state law would apply. The Employee Retirement Income Security Act (ERISA)oversees empl oyers pension plans and the required fiduciary, disclosure, and reporting requirements. ERISA doesnt apply to all private employers and doesnt require companies to offer plans to workers, but it does set standards for plans, should employers choose to offer them. The Family Medical and Family Leave Actrequires employers with more than 50 employees to provide workers with up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child, for the serious illness of the employee or a spouse, child, or parent, or for emergencies related to a family members active military service, including childcare requirements. If the active servicemember becomes seriously ill or is injured in the course of their duties, coverage may be extended for up to 26 weeks of unpaid leave during a 12-month period. The Occupational Safety and Health Act (OSHA)regulates health and safety conditions in private-sector industries to ensure that work environments do notlage pose any serious hazards . Covered employers are required todisplay a poster in the workplace, outlining workers rights to request an OSHA inspection, how to receive training on hazardous work environments, and how to report issues. List of U.S. Employment Laws and Resources The United States has hundreds of federal employment and labor laws that affect employers and employees. Here is a list of resources for some of the most important U.S. labor laws. Laws Regulating Wages and Compensation Compensatory Timebehauptung are laws regulating paid time off in lieu of overtime pay for extra hours worked. Fair PayLegislationThere are several laws on the books that prohibit discrimination on the basis of sex, includingTitle VII of the Civil Rights Act of 1964, theEqual Pay Act of 1963,and the Civil Rights Act of 1991. Minimum WageThe current federal minimum wage is $7.25 per hour, but many states and metro areas set their own, higher minimum wage. Some states have also set lower wages, but in these cases, the h igher federal minimum prevails. Overtime PayHourly workers or those who earn less than $455 per week are entitled to time-and-a-half pay if they work more than 40 hours in a workweek. Pay for Snow DaysDo you get paid if your company closes because of inclement weather? It depends on many factors, including state and federal law. Unpaid WagesAre you entitled to back pay? Find out when you are due back pay and how to collect it if you have an issue with an employer, here. Vacation PayFederal law does not require employers to offer paid vacation time, but your company may do so anyway. It pays to understand company policy. Wage GarnishmentCertain types of debt, e.g., tax bills and child support payments, may be collected via wage garnishment. The Consumer Credit Protection Act sets limits and protections for workers. Hiring and Firing Employment at WillThe majority of private-sector workers in the U.S. are employed at will, which means that they can be fired for any reason or no reason at all, except fordiscriminatory reasons. Learn about when an employee is employed at will, and about exceptions to the law. Fired from a JobIf you think youre about to be fired, its a good idea to familiarize yourself with your legal rights, before you receive notice. Terminated for CauseTermination for cause generally relates to serious misconduct, such as violating company policy, failing a drug test, or breaking the law. Wrongful Termination If you believe that discrimination was involved in your separation from the company, its possible that youremployment was wrongfully terminated,inwhichcaseyou may be entitled to recourse. Unemployment Laws Are you eligible for unemploymentbenefits? These are provided to workers who have lost their jobs through no fault of their own. Review guidelines for eligibility, and when you may not be eligible to collectbenefits. Termination from EmploymentEverything you need to know about your rights and responsibilities, if you lose your job for any reason. Also review a recap of thedifferent types of separation from employment. Discrimination Protections Americans with Disabilities Act (ADA)This law makes it illegal for employers to discriminate against job applicants based on disability. Equal Employment Opportunity CommissionThe Equal Employment Opportunity Commission (EEOC) enforces federal laws relating to discrimination. HarassmentLearn what constitutes harassment in the workplace and what you can do about it. Religious DiscriminationEmployers cannot discriminate against employees or candidates based on their religious beliefs. Employment Discrimination LawsWorkers are protected from discrimination based on age, gender, race, ethnicity, skin color, national origin, mental or physical disability, genetic information, and pregnancy or parenthood. Labor Laws Employee Retirement Income Security Act (ERISA)This law sets standards for health and retirement plans. Fair Credit Reporting Act (FCRA)If youve ever had a prospective employer ask to run a background check, youll want to know about your legal protections under this law. Fair Labor Standards Act (FLSA)Also known as the Wage and Hour Bill, FLSA was enacted by Congress in 1938. It regulates minimum wage, overtime, and child labor laws. The Affordable Care Act Nursing MothersUnder the provisions of the ACA, employers must provide nursing mothers with a private room to nurse/express milk, as well as time to do so. Family and Medical Leave ActFMLA provides 12 workweeks of unpaid leave per12-month period for covered employees. In addition to federal leave, some states have enacted family and medical leave legislation. Check with your state department of labor for availability in your location. Immigration and Nationality Act (INA)INA legislation specifies rules about work permits and wages for foreign nationals who want to work in the United States. Breaks from Work LawsThese laws regulate meal and rest breaks. Child Labor LawsThese legal protections r estrict and regulate working hours for minors, as well as the types of employment children inwhichmay work. Background Check LawRegulates employment background checks and the manner in which they can be used during the recruitment process. COBRAThe Consolidated Omnibus Budget Reconciliation Act gives workers the right to continue their health insurance coverage after separating from their job. Drug Test Laws Depending on your industry, drug testing may be regulated by state and/or federal law. Employee Privacy LawLearn how to protect your privacy on the job and during a job search. Foreign Labor LawForeign nationals who want to work in the U.S. must obtain a work visa. The type of visa varies depending on the type of employment. Information Employers Can DiscloseMany employers have policies about not giving away information about former employees, e.g., whether they were fired for cause but that doesnt mean that theyre legally prohibited from doing so. Occupational Safety and Healt h Act (OSHA)These laws regulate workplace safety. The Wagner Act of 1935 and The Taft-Hartley Act of 1947Protects the right of workers to organize and toform unions (and regulates how those unions can operate). Uniformed Services Employment and Reemployment Rights Act USERRA outlines procedures and rights related to military leave. Youth Labor LawsThe laws regulate the working hours and conditions of workers under the age of 18. Other Employment Laws Employee or Independent ContractorThere are laws that determine whether someone is an employee or an independent contractor. Review the differences and how your earnings and taxes are impacted by your classification. Employment Credit ChecksLearn how credit checks can be used during the employment process, according to federal law. Employment Authorization Document (EAD)This documentation provides proof of legal eligibility to work in the U.S. Exempt EmployeesIf youre not entitled to overtime pay, youre an exempt employee. Heres how you r employment status is designated. National Labor Relations Board (NLRB)The NLRB prevents unfair labor practices, in part by protecting workers right to organize. Noncompete AgreementsThese contracts restrict employees rights to work for a competitor. Short-Term Disability InsuranceProvides partial pay while the covered person is unable to work. Some employers offer this insurance, and some states sponsor programs. Workers CompensationState-provided insurance for workers who are injured on the job. Social Security DisabilityIf youre disabled by a qualifying medical condition and have worked at jobs covered by social security, you might be entitled to disabilitysupport. U.S. Department of LaborThe federal agency in charge of regulating working conditions, wages, hours, and overtime pay. Workplace ViolationsCommon violations include unpaid wages, misclassification of workers as exempt employees, and minimum wage violations. eLaw Advisors Need more information about specific labor laws? TheeLaws Advisorsare interactive tools provided by the U.S. Department of Labor that provide detailed information about a number of federal employment laws.