Labor Laws and Government Agencies

For many small to midsize businesses, having an employee suddenly become disabled (because of an accident or an illness) can be somewhat daunting if it’s a new experience for the employer. These tips will help you accommodate disabled employees and welcome them back to work. They will also help you accommodate employees with longer term disabilities.

The Americans With Disabilities Act (ADA) makes it unlawful for an employer with 15 or more employees to discriminate against a qualified individual with a disability. The Michigan Persons with Disabilities Civil Rights Act, which is similar to the ADA in many respects, covers employers with one or more employees; other states may similarly define different laws for workplace treatment of people with disabilities. This article addresses disability law issues relevant to employers.

The Civil Rights Act of 1964 (Public Law 88-352) outlawed the unequal application of voter registration requirements and discrimination in public facilities, in government, and in employment. Specifically, for employers, in the Civil Rights Act, Title 7 guaranteed equal opportunity in employment. Additional titles within the Civil Rights Act ...

The Consolidated Omnibus Budget Reconciliation Act (COBRA) set forth regulations that give employees and their families, who lose their health benefits because of unemployment, the right to choose to continue group health benefits provided by their group health plan. These health care benefits may be extended for limited periods of time under certain circumstances according to the COBRA regulations.

The COBRA subsidy has been extended for an additional six (6) months and eligibility to receive the subsidy extends to February 28, 2010. If you are subject to COBRA, you are required to comply with these extensions and must also provide additional notices advising of same. Importantly, individuals who had the subsidy but dropped coverage when...

Providing COBRA and alternative healthcare options for departing employees assures your employees that you care about them. Although the COBRA subsidy makes COBRA a more tempting, less expensive alternative for some employees, others may be better served by private insurance options. Learn about the COBRA subsidy and how employees can find private insurance while limiting the employer’s risk, and slowing the increase in administration fees and costs in your corporate healthcare spending budget.

The American Recovery and Reinvestment Tax Act of 2009 (the "Act") was signed into law on February 17, 2009. This new law dramatically affects employers whose group health plans are subject to COBRA, which includes virtually all employers with 20 or more employees. As an employer who is potentially impacted by this legislation, prompt attention must be paid to the substantial requirements under the Act and its affect on COBRA.

The Employment Eligibility Verification (I-9) is the form that is required by the Department of Homeland Security U.S. Citizenship and Immigration Services to document eligibility for employment in the United States. All employees, citizens and noncitizens, hired after November 6, 1986, must complete Section 1 of this form at the time of hire,...

Equal employment opportunity (EEO) laws make it illegal for employers to discriminate against an employee or potential employee in certain workplaces. The Equal Employment Opportunity Commission (EEOC), which was created by the Civil Rights Act of 1964, is the federal agency that has the responsibility to handle discrimination complaints.

The Fair Labor Standards Act (FLSA), first enacted by the United States Congress in 1938, sets standards for the basic minimum wage and overtime pay. The FSLA also sets standards for recordkeeping and for child labor. The FLSA affects most private and public sector employment, including state, local, and federal government.

As most employers are now aware, the Family and Medical Leave Act (FMLA) requires covered employers to provide twelve weeks of unpaid leave to eligible employees within a 12-month period. The FMLA applies to private employers with 50 or more employees, and to all public employers. Learn the answers to several common questions you may have about the Family and Medical Leave Act.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that requires employers to protect employee medical records as confidential. HIPAA includes regulations that cover how employers must protect employees’ medical privacy rights and the privacy of their health information. Learn more about the employer's...

The IRS mileage reimbursement rate is an optional rate, recommended by the Internal Revenue Service in the U.S., that is used to calculate the deductible costs of operating an automobile for business, medical, charitable, or moving purposes. The IRS mileage reimbursement rate is adjusted depending on the IRS-determined cost of operating a motor vehicle.

The Federal minimum wage for covered nonexempt employees is $5.15 an hour. The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA). Many states also have minimum wage laws.

The National Labor Relations Board (NLRB) is a federal government agency, founded by Congress in 1935. The primary responsibility of the NLRB is to administer the National Labor Relations Act. The Act is the main law governing relationships between unions and private sector employers.. The Act guarantees the right of employees to organize and bargain collectively with their employers.

The Occupational Outlook Handbook is a nationally recognized source of career and job information, designed to provide valuable assistance to individuals making decisions about their future work lives.

Retaliation is revenge or reprisal. Retaliation means to get even, or to take revenge. But, retaliation in employment and the world of Human Resources has a much more specific meaning and connotation. In connection with charges of discrimination, retaliation is a serious issue for employers. Find out more about retaliation.

Sexual harassment occurs when one employee makes continued, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, to another employee, against his or her wishes.

The U.S. Department of Labor (DOL) is the federal agency charged with promoting the best interests of wage earners, job searchers, and retirees. The DOL does this by: “improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find...

Unemployment compensation was created by the Social Security Act of 1935 to protect workers who became unemployed through no fault of their own. The federal government provides incentives and guidelines to the states about unemployment compensation, but each state is responsible for its own guidelines and program for unemployment compensation.

The Worker Adjustment and Retraining Notification Act (WARN Act) offers: "protection to workers, their families and communities by requiring employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs. This notice must be provided to either affected workers or their representatives (e.g., a labor union); to the State dislocated worker unit; and to the appropriate unit of local government." The WARN Act requires 60 days notice to stakeholders.

Workers' compensation laws make certain that an employee who is injured as a result of an accident on the job or who contracts a disease as a result of performing his or her job, will receive compensation and medical benefits. Every state requires that employers purchase workers' compensation insurance to ensure that employees, who are affected by illness or injury, and their dependants, are protected against significant hardships in case of injury, illness, or death.

Looking for information about any Federal laws including OSHA, HIPAA, wage and hour issues, FLSA, required workplace posters, veteran's information, and more? Start here for the Department of Labor elaws Advisors.

Find everything you ever wanted to know about the Americans With Disabilities Act including a toll free number for questions.

This Cornell University resource provides links to the employment laws and labor laws of the 50 states, Puerto Rico and the District of Columbia. These resources provide information about compensation, hours, and other conditions of work.

The Patient Protection and Affordable Care Act (ACA) gives employers much to think about and worry. The components of the Act are confusing and most don't know if their company will win or lose. Find out more.