Federal Employment Laws

Brief Description

Covered Employers

Handbook Policy

Affordable Care Act (ACA) – Employer Shared Responsibility Rules

Requires employers to offer affordable, minimum value health coverage to full-time employees to avoid penalties.

Employers with 50 or more full-time employees, including full-time equivalent employees.

Health Insurance and Benefits Policy

ACA – Break Time for Nursing Mothers

Requires employers to provide rest breaks and accommodations for nursing mothers to express breast milk.

Virtually all employers, regardless of size. Employers with fewer than 50 employees may be exempt if they can demonstrate undue hardship.

Breaks and Time Off Policy

Age Discrimination in Employment Act (ADEA)

Prohibits age discrimination against employees or applicants who are age 40 or older.

Private-sector employers with 20 or more employees and state and local governments.

Equal Employment Opportunity (EEO) Policy

Americans with Disabilities Act (ADA)

Prohibits discrimination against qualified individuals with disabilities in all employment practices.

All employers with 15 or more employees.

Reasonable Accommodation Policy

Consumer Credit Protection Act (CCPA)

Protects employees from discharge due to wage garnishment and limits the amount of earnings garnished.

All employers, regardless of size.

Wage Garnishment Policy

COBRA

Requires offering continuation coverage to eligible employees and dependents when coverage would be lost.

Private-sector employers with 20 or more employees that sponsor group health plans. Most group health plans sponsored by state and local governments are also covered.

Continuation of Benefits Policy

EEO-1 Report

Requires employers to submit employment data categorized by race/ethnicity, gender, and job category to the EEOC.

Private-sector employers with 100 or more employees. Exemptions apply to certain entities such as state and local governments, educational agencies, and tax-exempt private membership clubs.

Equal Employment Opportunity (EEO) Policy

Employee Polygraph Protection Act (EPPA)

Prohibits employers from using lie detector tests, with exceptions, in private-sector employment.

All private-sector employers. Excludes federal, state, and local governments.

Employee Privacy PolicyEqual Employment Opportunity (EEO) Policy

Employee Retirement Income Security Act (ERISA)

Sets standards for employee benefit plans, including retirement and welfare benefit plans.

All private-sector employers that maintain employee benefit plans. Exemptions apply to government and church employers.

Employee Benefits Policy

Equal Pay Act (EPA)

Requires equal compensation for equal work between men and women.

Virtually all employers.

Equal Pay Policy

Family and Medical Leave Act (FMLA)

Requires providing eligible employees with unpaid, job-protected leave for specified family and medical reasons.

Private-sector employers with 50 or more employees, public agencies, federal government, and local educational agencies.

Family and Medical Leave Policy

Fair Credit Reporting Act (FCRA)

Establishes employer obligations when using consumer reports for employment purposes.

All employers, regardless of size.

Background Check Policy

Fair Labor Standards Act (FLSA)

Establishes minimum wage, overtime, recordkeeping, and child labor standards for employers.

Virtually all employers.

Wage and Hour Policy

Genetic Information Nondiscrimination Act (GINA)

Prohibits discrimination based on genetic information.

All employers with 15 or more employees.

Equal Employment Opportunity (EEO) Policy

Immigration Reform and Control Act (IRCA)

Prohibits hiring and retaining unauthorized workers. Requires completion of Form I-9.

All employers, regardless of size.

Employment Eligibility Verification Policy

Jury System Improvements Act

Prohibits taking actions against employees summoned to serve as jurors in federal court.

All employers, regardless of size.

Jury Duty Policy

Occupational Safety and Health Act (OSH Act)

Requires providing a safe workplace for employees. Coverage through federal OSHA or state plans.

Virtually all private-sector employers. Workers at state and local government agencies are protected if their state has OSHA-approved programs.

Workplace Safety Policy

Pregnancy Discrimination Act (PDA)

Prohibits workplace discrimination based on pregnancy, childbirth, or related medical conditions.

All employers with 15 or more employees.

Pregnancy Accommodation Policy

Title VII of the Civil Rights Act

Prohibits discrimination based on race, color, religion, sex, or national origin.

All employers with 15 or more employees.

Equal Employment Opportunity (EEO) Policy

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Prohibits discrimination based on uniformed service membership.

All employers, regardless of size.

Military Leave Policy

Worker Adjustment and Retraining Notification (WARN) Act

Requires advance notice to employees of impending plant closings or mass layoffs.

Private-sector employers with 100 or more employees. Regular federal, state, and local government entities providing public services are exempt.

Layoff and Severance Policy

It's important to note that while we focus on federal laws in this article, most states have their own labor and employment laws that must also be considered.  Check out the DOL's website for each state's labor office.

Moreover, there are additional compliance requirements for companies that contract with the federal government or operate in specific industries.

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