Federal Labor Laws By Number of Employees

 Provides protections for participants and beneficiaries in group health plans, including limiting exclusions for preexisting conditions and general health conditions. Also establishes privacy protections for employees against unauthorized disclosure of health related information.   

 Regulates the status of employees (exempt versus non-exempt) versus independent contractors and provides for a minimum wage and overtime unless the employee meets an exempt classification. 

 Requires that new employees provide specific documents to employers showing that they are who they claim to be and that they have a legal right to work in the United States. (think "I-9" forms) 

 Prohibits discrimination against military service members because of past, current, or future military service. Protects military service workers’ employment rights and benefits of employment. 

 Prohibits wage discrimination by requiring equal pay for equal work of the same skills, effort, and responsibilities. 

 Establishes standards and requirements for the administration of employee benefit and welfare plans, to ensure employees will actually receive monies they set aside for a pension plan. The act also covers part-time employees working 1,000 hours a year. 

 Sets a national maximum limit on the amount of an employee‚s wages that can be withheld to satisfy wage garnishment. 

 Prohibits employers from certain unfair labor practices. Primary responsibility for enforcement rests on the National Labor Relations Board.   Some statutes impact both union and non-union employers.

 Prohibits selection policies and practices from having an adverse impact on the employment opportunities for any race, sex, or ethnic group unless it is a business necessity. 

 Prohibits the discrimination in all terms and conditions of employment (including pay and benefits) on the basis of race, color, religion, sex, or national origin. 

 Protects qualified individuals with disabilities from unlawful discrimination in employment. Discrimination is prohibited if the individual can do the essential job functions. An employer must make reasonable accommodations for such individuals unless doing so would place an undue hardship on the employer.  The Amendments Act of 2008 emphasizes a broad definition of disability to make it easier for an employee seeking protection under the act to establish that he/she has a disability. 

 Protects pregnant employees from being forced to resign or take a leave of absence. 

 Defines employees’ and potential employees’ rights regarding employers using information obtained by reports compiled by third party credit reporting agencies as the basis for employment decisions. 

 A federal law that requires employers to take reasonable measures to reduce the risk of identity theft and other harm to their employees, resulting from the employer’s failure to properly dispose of confidential records. 

 Prohibits health insurers from discriminating based upon genetic information. Also prohibits employers from requesting or requiring employees or family members to provide genetic information. 

 Prohibits discrimination in employment for persons 40 and over. Prohibits mandatory retirement ages. 

 Requires employers to permit employees to extend their health insurance coverage at group rates for up to 36 months following a qualifying event. 

 Provides that employees who have worked at least 12 months and at least 1,250 hours in the previous 12 months are eligible to take up to 12 weeks leave during any 12 month period for the purposes of: birth, adoption, or foster care of a child; caring for a spouse, child, or parent who has a serious health condition; or serious health condition of employee. Additionally, the National Defense Authorization Act of 2008 amends FMLA to allow a spouse, parent, son, daughter or next of kin up to 26 weeks to care for a member of the armed services suffering injuries or illness sustained while on active duty. Allows 12 weeks unpaid leave for a “qualifying exigency” for a son, daughter, parent or spouse on active duty. 

 Requires employers to provide affordable insurance coverage that amounts to at least 60% of covered health expenses for a typical population.  Employers who fail to offer coverage or to offer affordable coverage are subject to penalties per employee based upon the total number they employ. Also allows for “reasonable break time” for nursing mothers.