Employment Laws and Employment Issues

Fair Labor Standards Act (FLSA): (29 USC 201) This law is also known as “Wage/Hour” law, as it is enforced by the Wage & Hour Division of the U.S. Department of Labor (DOL). The FLSA has four main components: minimum wage requirements, overtime requirements, child labor regulations, and equal pay provisions. The minimum wage rules apply to any employee of any company who produces goods for interstate commerce or engages in duties affecting interstate commerce during any workweek. Overtime rules require pay at 1.5 times the hourly rate of the employee for all hours worked over 40 in any workweek, unless the employee Covers all companies with 15 or more employees. Title VII prohibits discrimination due to race, color, religion, sex (gender), and national origin in hiring, employment (all terms, conditions and benefits), and termination. Prohibits discrimination due to pregnancy and requires that pregnancy be treated the same as any other non-work-related disability. One of the key provisions is prohibition of sexual or racial/religious/ethnic harassment by supervisors, coworkers or even by third parties. Companies usually are strictly liable for discrimination by supervisors which results in tangible loss of job benefits. Another key provision is prohibition of unintentional discrimination by use of requirements which have an adverse effect (disparate impact) on protected groups, such as use of educational requirements, tests or lifting restrictions which exclude disproportionate numbers of certain protected groups, unless the employer can prove that the requirements are job-related and that the use of these standards is required by business necessity. Enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and by state agencies in states which have comparable civil rights laws. Damages include back pay, reinstatement or front pay (similar to Title VII), attorney fees, and possible liquidated damages equal to the actual damages (only for willful violations). Enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and by state agencies in states which have comparable civil rights laws. Damages include back pay, reinstatement or front pay (similar to Title VII), attorney fees, and possible liquidated damages equal to the actual damages (only for willful violations). Equal Pay Act (EPA): (29 USC 206(d) Prohibits discrimination due to sex in the payment of wages, by barring payment of a lower wage to one sex than to the opposite sex for jobs of equal skill, effort and responsibility which are performed under similar working conditions. A company CANNOT justify lower pay to a woman employee who is doing identical work to a male employee, simply because she did not bargain as well. 1866 Civil Rights Act: (42 USC 1981) Provides that all persons shall have the same right as white citizens to make and enforce contracts, and to have equal treatment under the laws of each state. Americans with Disabilities Act (ADA): (42 USC 12101) Applies to companies with 15 or more employees. Prohibits employment discrimination against individuals with a serious disability (or who have a past history of a serious condition, such as cancer) if they can perform the essential functions of the job with no special accommodations, or if they can perform such functions with special accommodations which are “reasonable” based upon the size of the company; the nature of the job; and the costs of the accommodations. ADA – Public Accommodation Provisions: (42 USC 12181) The ADA also contains many provisions which require architectural modifications of buildings (including restrooms, elevators, walkways, etc.) in various circumstances. These modifications also may impact disabled employees, and companies need to be alert to the possible requirement to modify facilities (especially when remodeling work is being done). National Labor Relations Act (NLRA): (29 USC 151) Prohibits employers in any industry affecting interstate commerce (i.e., virtually all businesses) from discriminating against employees who choose to engage in (or to decline to engage in) any union-related activities. Occupational Safety & Health Act (OSHA): (29 USC 651) Applies to any employer engaged in a business which affects interstate commerce, and imposes general duty to maintain safe place to work and to comply with OSHA regs issued by the Labor Department. Failure to comply with OSHA regs and standards can lead to serious fines. In addition, OSHA protects employees who report safety hazards; participate in OSHA proceedings, or who attempt to exercise their rights under the Act (such as refusing to operate defective equipment or machinery in situations where a high risk of severe injury or death are present).

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