Employment 
Laws

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Race/Ethnicity

Issued covered:

Employment/Contracts

Description:

It primarily protects individuals from discrimination based on race and ethnicity in the making and enforcement of contracts, including employment contracts.  42 U.S.C. � 1981 is enforced today. 

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Only portions

Bases:

Race/Ethnicity

Issued covered:

Public Accommodations

Description:

Most of the public accommodations provisions of the Civil Rights Act of 1875 were declared unconstitutional by the Supreme Court in Civil Rights Cases (1883), which significantly limited its enforcement. While some remnants of the Act might technically still exist on the books, its core provisions regarding equal access to public accommodations are no longer effectively enforced due to the Supreme Court's ruling. The Civil Rights Act of 1964 more comprehensively addresses discrimination in public accommodations. The 1875 Act primarily aimed to protect against discrimination based on race, color, or previous condition of servitude in public accommodations like inns, public conveyances, theaters, and places of public amusement.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Laborers and Mechanics (Construction Workers)

Issued covered:

Wages

Description:

The Davis-Bacon Act of 1931 (DBA) is a federal law that requires contractors and subcontractors to pay prevailing wages and fringe benefits to laborers and mechanics working on federally funded or assisted construction projects. Its original intent was to protect local wage standards from being undercut by contractors importing cheaper labor.

Employer Coverage: The Davis-Bacon Act applies to federal government or District of Columbia contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works.

Crucially, the principles of the Davis-Bacon Act have been extended by many "Related Acts." These are numerous other federal laws that authorize federal assistance for construction projects through grants, loans, loan guarantees, insurance, and other methods. When a project receives any federal funding or assistance under one of these Related Acts, the Davis-Bacon prevailing wage requirements generally apply to all construction work on that project, even if the individual sub-contracts are for less than $2,000.

The law applies to all contractors and subcontractors performing work on these covered projects, regardless of the number of employees they have.

Bases the Law Covers:

The Davis-Bacon Act primarily covers:

1. "Prevailing Wages" for Laborers and Mechanics:

   • It mandates that all laborers and mechanics employed on the "site of the work" for covered projects must be paid no less than the locally prevailing wages and fringe benefits.

   • "Prevailing wage" is determined by the U.S. Department of Labor (DOL) based on surveys of wages paid to various classes of workers (e.g., carpenters, electricians, plumbers) on similar projects in the specific geographic area. These determinations include both a basic hourly rate and any required fringe benefits (like health insurance, pension contributions, etc.).

   • Contractors can meet their prevailing wage obligation by paying the full amount in cash wages, providing bona fide fringe benefits, or a combination of both.

   • The DOL regularly publishes these wage determinations, which must be included in covered contracts.

2. Types of Projects:

   • The law applies to the construction, alteration, or repair (including painting and decorating) of public buildings or public works. This covers a wide range of infrastructure projects, such as:

     • Federal buildings

     • Highways and roads

     • Bridges

     • Dams

     • Water and sewer lines

     • Schools

     • Hospitals

     • Other public facilities

3. Key Compliance Requirements for Contractors:

   • Weekly Payrolls: Contractors must pay covered workers weekly and submit certified payroll records to the contracting agency, detailing hours worked, wages paid, and worker classifications.

   • Posting Wage Determinations: The applicable Davis-Bacon wage determination and a poster outlining employee rights must be prominently displayed at the worksite.

   • Recordkeeping: Contractors must maintain accurate payroll and basic records for all covered laborers and mechanics.

The Davis-Bacon Act aims to ensure fair wages for construction workers on government-funded projects and to prevent contractors from gaining an unfair competitive advantage by underpaying their workforce.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Labor unions

Issued covered:

Employment

Description:

The National Labor Relations Act of 1935 (NLRA), often called the Wagner Act, is a foundational federal law that protects the rights of most private-sector employees to organize, form, join, or assist labor organizations (unions), to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. It also established the National Labor Relations Board (NLRB) to enforce these rights.

 

Employer Coverage:

The NLRA applies to most private-sector employers involved in "interstate commerce." This is a very broad interpretation, meaning that most businesses, regardless of their size, are covered by the Act. While the NLRB has adopted discretionary "jurisdictional standards" (based on annual dollar volume of business) to determine whether it will assert its authority over a particular employer, these are generally low enough that most businesses, even relatively small ones, are covered.

• For non-retail businesses, the standard is typically at least $50,000 in annual gross revenue flowing to or from other states.

• For retail businesses, the standard is typically at least $500,000 in annual gross revenue.

• For other specific industries like healthcare, transportation, or communications, there are specific dollar volume thresholds.

 

Crucially, there is no minimum number of employees required for an employer to be covered by the NLRA. If a business meets the interstate commerce threshold (or specific industry thresholds), it is covered, even with just one employee.

 

The NLRA does not cover:

• Federal, state, or local government employees.

• Employees subject to the Railway Labor Act (e.g., railroads and airlines).

• Agricultural laborers.

• Domestic service employees.

• Independent contractors.

• Supervisors (though they are still protected if they engage in union activity in certain circumstances, or if their employer takes action against them for refusing to commit an unfair labor practice).

 

Bases the Law Covers:

The NLRA covers several core areas related to labor relations:

1. Employee Rights (Section 7 Rights):

   • The Act guarantees employees the right to self-organization, to form, join, or assist labor organizations.

   • It protects the right to bargain collectively through representatives of their own choosing.

   • It also protects the right to engage in other "concerted activities" for the purpose of collective bargaining or other mutual aid or protection. This is broad and covers actions by two or more employees (or sometimes even a single employee) acting together to improve their wages, hours, or working conditions, even if they are not unionized.

   • It also protects the right to refrain from any or all such activities.

2. Unfair Labor Practices (ULPs) by Employers (Section 8(a)): The Act prohibits employers from engaging in certain activities that interfere with employee rights, including:

   • Interfering with, restraining, or coercing employees in the exercise of their Section 7 rights (e.g., threatening employees for union activity, interrogating them about union support).

   • Dominating or interfering with the formation or administration of any labor organization, or contributing financial or other support to it.

   • Discriminating in regard to hiring, tenure, or any term or condition of employment to encourage or discourage membership in any labor organization.

   • Discharging or otherwise discriminating against an employee because they have filed charges or given testimony under the Act.

   • Refusing to bargain collectively with the representatives of its employees.

3. Unfair Labor Practices (ULPs) by Unions (Section 8(b)): The Taft-Hartley Act amendments in 1947 added prohibitions on certain union conduct, including:

   • Restraining or coercing employees in the exercise of their Section 7 rights.

   • Causing an employer to discriminate against an employee.

   • Refusing to bargain collectively with an employer.

   • Engaging in certain secondary boycotts or striking for illegal purposes.

   • Charging excessive or discriminatory membership fees.

4. Collective Bargaining: The Act establishes the framework for collective bargaining, including requirements for employers and unions to bargain in good faith over wages, hours, and other terms and conditions of employment.

5. Representation Elections: The NLRB is responsible for conducting secret-ballot elections to determine whether employees wish to be represented by a union.

 

The NLRA is enforced by the NLRB, which investigates and remedies unfair labor practices and conducts representation elections. It is the cornerstone of modern labor-management relations in the private sector.

# of employees needed for coverage:

No minimum number of employees needed for coverage. >$15k in contracts

Currently Enforced:

Yes

Bases:

Federal Contractors and Subcontractors

Issued covered:

Labor Standards

Description:

The Walsh-Healey Public Contracts Act of 1936 (WHPCA or PCA) is a federal law that sets labor standards for contractors providing goods to the U.S. government. Enacted during the New Deal era, its aim was to ensure fair labor practices and prevent "sweatshop" conditions in federally funded supply contracts.

Employer Coverage: The WHPCA applies to contractors and subcontractors who enter into contracts with the U.S. government or the District of Columbia for the manufacturing or furnishing of materials, supplies, articles, or equipment where the contract value exceeds $15,000 (originally $10,000, later adjusted).

The law covers all employees who are directly engaged in the production, assembly, handling, or shipping of goods under these contracts. Unlike some other labor laws, the WHPCA does not have a minimum employee threshold for a business to be covered, so long as it meets the contract value threshold.

Bases the Law Covers: The Walsh-Healey Act requires covered contractors to adhere to several key labor standards:

1. Minimum Wage: Employees working on covered contracts must be paid no less than the federal minimum wage as established by the Fair Labor Standards Act (FLSA). Historically, the Secretary of Labor would also determine "prevailing minimum wages" for specific industries, though for most purposes today, it aligns with the FLSA minimum wage.

2. Overtime Pay: Covered employees must be paid one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. (Note: While it originally included daily overtime, amendments later removed that, primarily aligning it with FLSA overtime.)

3. Prohibition of Child and Convict Labor: The Act prohibits the employment of:

   • Boys under 16 years of age.

   • Girls under 18 years of age.

   • Convict labor (with limited exceptions, such as those participating in certain work-release programs).

4. Safe and Sanitary Working Conditions: The law mandates that no part of the contract will be performed under working conditions that are unsanitary, hazardous, or dangerous to the health and safety of the employees. This means employers must provide suitable lighting, ventilation, sanitation, and maintain machinery. The safety and health provisions of the WHPCA are largely administered and enforced by the Occupational Safety and Health Administration (OSHA).

5. Manufacturer or Regular Dealer Requirement: Contractors must be a bona fide manufacturer or a regular dealer in the materials, supplies, articles, or equipment being furnished. This was intended to prevent "bid brokering" where parties without manufacturing capability would simply subcontract to entities with substandard labor practices.

The WHPCA is a foundational piece of U.S. labor law for federal supply contracts, complementing other laws like the Davis-Bacon Act (for construction) and the Service Contract Act (for services) in setting standards for government contractors.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Wages, record keeping and child labor.

Issued covered:

Employment

Description:

The Fair Labor Standards Act of 1938 (FLSA) is a landmark federal law that established fundamental labor protections for most private and public sector employees in the United States. It set national standards for minimum wage, overtime pay, recordkeeping, and child labor.

 

Employer Coverage:

The FLSA covers employers in two main ways:

1. Enterprise Coverage: Most businesses and organizations are covered if they meet specific criteria. An enterprise is generally covered if it has:

   • At least two or more employees and

   • Annual gross volume of sales or business done of at least $500,000.

   • Hospitals, schools (including preschools and colleges), and government agencies (federal, state, and local) are covered regardless of their annual dollar volume.

2. Individual Coverage: Even if an employer does not meet the enterprise coverage test, individual employees may still be covered if they are engaged in interstate commerce or in the production of goods for interstate commerce. This is a broad category that includes employees who:

   • Work on goods that will be sent out of state.

   • Handle orders, shipping, or communications across state lines.

   • Use the mail, telephone, or internet for interstate business.

   • Work in industries closely related to interstate commerce (e.g., transportation, communications).

 

Therefore, there is no strict "minimum number of employees" for an employer to be covered if individual employees are engaged in interstate commerce. However, the $500,000 gross volume threshold is the most common determinant for enterprise coverage.

 

Bases the Law Covers:

The FLSA primarily covers four key areas:

1. Minimum Wage:

   • Establishes a federal minimum hourly wage that covered non-exempt employees must be paid. States and cities can set their own minimum wages, and if higher, the employer must pay the higher rate.

   • Includes provisions for subminimum wages for certain employees, such as those with disabilities, full-time students, and student learners, under specific certifications.

2. Overtime Pay:

   • Requires covered non-exempt employees to be paid at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.

   • The "regular rate of pay" includes all remuneration for employment paid to, or on behalf of, an employee, with certain statutory exceptions.

   • Establishes rules for determining whether an employee is "exempt" from minimum wage and/or overtime requirements based on their job duties and salary (e.g., executive, administrative, professional, outside sales, and certain computer employees).

3. Child Labor:

   • Sets restrictions on the employment of minors to protect their educational opportunities and safety.

   • Prohibits "oppressive child labor."

   • Establishes minimum ages for employment (e.g., 14 for most non-agricultural jobs, 18 for hazardous occupations).

   • Limits the hours minors under 16 can work.

4. Recordkeeping:

   • Requires employers to keep accurate records of wages, hours, and other employment conditions for all employees. These records must include information such as employees' names, addresses, occupations, pay rates, hours worked each day and week, and total wages paid.

 

The FLSA is enforced by the Wage and Hour Division of the U.S. Department of Labor and provides for both administrative and judicial remedies for violations. It is a cornerstone of American labor law, ensuring basic standards for workers' pay and conditions.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Race/Color/Religion/National Origin

Issued covered:

Voting

Description:

Its primary focus was on voting rights and establishing the Civil Rights Division within the Department of Justice and the U.S. Commission on Civil Rights. While it aimed to address racial discrimination, it didn't set employment coverage based on employer size. The core provisions related to voting rights and the Civil Rights Commission are still enforced today, though subsequent civil rights legislation has significantly expanded federal protections. The 1957 Act primarily aimed to protect the right to vote against racial discrimination and to investigate and report on civil rights violations based on race, color, religion, or national origin.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Race

Issued covered:

Voting

Description:

The provisions related to federal oversight of voter registration, penalties for obstructing voting, and the preservation of election records are still relevant and enforced today, though the Voting Rights Act of 1965 provided more comprehensive protections. The 1960 Act primarily aimed to protect the right to vote against racial discrimination and addressed obstruction of federal court orders related to civil rights.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Sex

Issued covered:

Employment

Description:

The Equal Pay Act of 1963, an amendment to the Fair Labor Standards Act (FLSA), applies to most employers regardless of the number of employees. If an employer is covered by the FLSA (which generally includes businesses engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce, or has an annual gross volume of sales made or business done of not less than $500,000), they are also covered by the Equal Pay Act. The Equal Pay Act is statutorily enforced today by the Equal Employment Opportunity Commission (EEOC). It protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination. The protected basis is sex.

# of employees needed for coverage:

15 or more employees

Currently Enforced:

Yes

Bases:

Race/Color/Ethnicity/Religion/National Origin/Sex/Retaliation/Reprisal

Issued covered:

Employment

Description:

The Civil Rights Act of 1964, specifically Title VII which prohibits employment discrimination, applies to employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. This landmark legislation is still actively enforced today by the Equal Employment Opportunity Commission (EEOC).

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Wages, Fringe Benefits, Safety and Health

Issued covered:

Employment

Description:

The McNamara-O'Hara Service Contract Act of 1965 (SCA), often simply called the Service Contract Act, is a federal law designed to protect the wages and working conditions of employees performing services under contracts entered into by the U.S. government or the District of Columbia. It was enacted to "close the gap" in labor standards coverage, as the Davis-Bacon Act covered construction and the Walsh-Healey Act covered manufacturing, but service contracts lacked similar protections.

Employer Coverage: The SCA applies to contractors and subcontractors performing services on prime contracts with the federal government or the District of Columbia that have a value in excess of $2,500.

For contracts with a value of $2,500 or less, the SCA still requires payment of at least the federal minimum wage as provided in the Fair Labor Standards Act (FLSA).

The law covers all "service employees" performing work on these contracts, regardless of the number of employees the employer has. A "service employee" is broadly defined as any person engaged in the performance of the contract, excluding bona fide executive, administrative, or professional employees as defined under the FLSA. This includes a wide range of roles such as janitors, security guards, cafeteria workers, maintenance personnel, and many others.

Bases the Law Covers:

The SCA primarily covers the following labor standards for service employees on covered contracts:

1. Prevailing Wages and Fringe Benefits:

   • For contracts exceeding $2,500, contractors must pay their service employees no less than the monetary wage rates and provide fringe benefits (like health and welfare, vacation, and holiday pay) that the U.S. Department of Labor (DOL) has determined to be prevailing for similar work in the locality where the services are performed.

   • These "wage determinations" are specific to job classifications and geographic areas and are incorporated into the contract.

   • In some cases, the wage rates and fringe benefits established by a collective bargaining agreement from a predecessor contractor may apply.

2. Safety and Health Standards:

   • The Act requires that no part of the services covered under the contract will be performed in buildings, surroundings, or under working conditions that are unsanitary, hazardous, or dangerous to the health and safety of the employees. The Occupational Safety and Health Administration (OSHA) largely enforces these provisions.

3. Notice and Recordkeeping:

   • Contractors must notify employees of the applicable wage and fringe benefit requirements by posting a "Notice to Employees Working on Government Contracts" (Form WH 1313) at the worksite.

   • Accurate records of wages, hours, and other employment details for all covered service employees must be maintained.

The SCA aims to prevent federal contracts from being awarded to companies that gain a competitive advantage by undercutting local wage and benefit standards for service workers.

# of employees needed for coverage:

20 or more employees

Currently Enforced:

Yes

Bases:

Age

Issued covered:

Employment

Description:

The Age Discrimination in Employment Act (ADEA) of 1967 is a federal law that protects individuals who are 40 years of age or older from discrimination in the workplace based on age. The ADEA applies to employers with 20 or more employees, including state and local governments, employment agencies, and labor organizations.
           
The law is statutorily enforced by the Equal Employment Opportunity Commission (EEOC). The protected basis under the ADEA is age, specifically protecting workers aged 40 and above from discrimination in hiring, firing, promotions, layoffs, compensation, benefits, job assignments, and training.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Wire, Oral or Electronic communications

Issued covered:

Communications

Description:

The Wiretap Act of 1968, formally known as Title III of the Omnibus Crime Control and Safe Streets Act of 1968, is a federal law that primarily regulates the interception of wire, oral, and electronic communications. Its core purpose is to protect the privacy of these communications while also providing a framework for law enforcement to conduct electronic surveillance under strict judicial oversight.

Employer Coverage:

The Wiretap Act does not directly regulate employers based on the number of their employees. Instead, it applies to any person or entity (including individuals, corporations, and government agencies) who engages in, or attempts to engage in, the interception of communications.

Therefore, an employer, regardless of its size (even one employee), would be subject to the Wiretap Act if it were to unlawfully intercept an employee's (or anyone else's) wire, oral, or electronic communications. The law's focus is on the act of interception rather than the employer's size or specific industry.

Bases the Law Covers:

The Wiretap Act covers the following main bases:

1. Prohibition of Unlawful Interception:

   • The central tenet of the Act is to prohibit the intentional interception of any wire, oral, or electronic communication unless a specific exception applies. This includes listening to, recording, or otherwise acquiring the contents of phone calls, in-person conversations, emails, text messages, and other forms of electronic communication.

   • Violation of this prohibition can lead to severe penalties, including fines, imprisonment, and civil damages.

2. Court-Ordered Electronic Surveillance:

   • The Act establishes a rigorous framework for law enforcement agencies to obtain a judicial order (warrant) to intercept communications for criminal investigative purposes. This requires probable cause that a crime has been, is being, or is about to be committed, and that the interception will yield evidence of the crime.

   • These orders are highly specific, limiting the scope, duration, and methods of interception.

3. Exceptions to the Prohibition:

   • The Act provides several key exceptions where interception is permissible:

     • Consent: If one of the parties to the communication has given prior consent to the interception. This is often referred to as "one-party consent." Many states have "all-party consent" laws, which are stricter than the federal law.

     • Law Enforcement: When authorized by a court order, as described above.

     • Service Provider Exception: Communication service providers (like phone companies or internet service providers) can intercept communications in the normal course of their business (e.g., for maintenance, to protect the rights or property of the provider).

     • Business Extension Exception: This controversial exception, often relevant in the employment context, allows employers to monitor employee communications on business equipment if it is within the ordinary course of business and for a legitimate business purpose (e.g., quality control, training, detecting theft). However, this exception is narrowly interpreted by courts, and monitoring for purely personal communications or without clear business justification is generally not allowed.

4. Exclusionary Rule:

   • Evidence obtained in violation of the Wiretap Act is generally inadmissible in court proceedings.

5. Civil and Criminal Penalties:

   • The Act provides for both criminal penalties (fines and imprisonment) for unlawful interception and civil remedies (injunctions, actual damages, punitive damages, and attorney fees) for individuals whose communications have been illegally intercepted.

In the employment context, the Wiretap Act is crucial because it significantly restricts an employer's ability to monitor employee communications, particularly personal ones, even if they occur on company-owned devices or networks. Employers must carefully navigate the "business extension" exception and be aware of state laws, which may impose stricter privacy protections than the federal Wiretap Act.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Race/Color/Ethnicity/Religion/National Origin/Sex/Familial status & disability

Issued covered:

Housing

Description:

This law applies broadly to the sale, rental, and financing of housing. This landmark legislation is still actively enforced today by the Department of Housing and Urban Development (HUD) and through private lawsuits. It prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status (the presence of children under 18), and disability.

# of employees needed for coverage:

At least one employee.

Currently Enforced:

Yes

Bases:

Working Conditions

Issued covered:

Employment

Description:

The Occupational Safety and Health Act of 1970 (OSH Act) is a comprehensive federal law in the United States enacted "to assure safe and healthful working conditions for working men and women by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and traini1ng in the field of occupational safety and health." It created the Occupational Safety and Health Administration (OSHA) within the Department of Labor to achieve this purpose.

​

Employer Coverage:

The OSH Act applies broadly to most private-sector employers and their employees in all 50 states, the District of Columbia, Puerto Rico, and other U.S. territories and jurisdictions under federal authority.

Crucially, the Act generally covers all employers with at least one employee that are engaged in a business affecting interstate commerce. This means that even small businesses are typically covered.

​

The OSH Act does not generally cover:

• Self-employed persons.

• Farms employing only immediate members of the farmer's family.

• Working conditions for which other federal agencies regulate worker safety (e.g., the Mine Safety and Health Administration for mining, the Federal Aviation Administration for airlines, or the Coast Guard for maritime operations).

• Federal, state, and local government employers and their employees. However, many states have OSHA-approved "State Plans" that can cover both private and public sector workers within that state, or sometimes just public sector workers. Federal agencies are also required to have safety and health programs consistent with OSHA standards.

 

Bases the Law Covers:

The OSH Act primarily covers the following key aspects of workplace safety and health:

1. General Duty Clause:

   • This is a foundational element, stating that each employer "shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

   • This clause serves as a catch-all, allowing OSHA to cite employers for hazards not specifically covered by an OSHA standard, provided the hazard is recognized, serious, and feasible to abate.

2. Specific Safety and Health Standards:

   • OSHA is authorized to develop, promulgate, and enforce specific occupational safety and health standards. These standards are grouped into categories such as:

     • General Industry: Covers a vast array of workplaces (e.g., offices, retail, manufacturing, healthcare).

     • Construction: Addresses hazards specific to construction sites.

     • Maritime: Covers shipbuilding, ship repairing, shipbreaking, and longshoring.

     • Agriculture: Addresses specific hazards in agricultural operations.

   • These standards cover a wide range of hazards, including:

     • Fall protection

     • Machine guarding

     • Hazardous chemicals (through the Hazard Communication Standard)

     • Electrical hazards

     • Confined spaces

     • Personal protective equipment (PPE)

     • Ergonomics (though not a specific standard, addressed under the General Duty Clause)

     • Bloodborne pathogens

     • Trenching and excavation safety

3. Employee Rights:

   • The Act grants employees significant rights, including:

     • The right to a safe workplace.

     • The right to file a confidential complaint with OSHA about safety and health conditions.

     • The right to participate in OSHA inspections.

     • The right to be informed about hazards, including access to exposure records and their own medical records.

     • Protection from retaliation for exercising their OSHA rights (whistleblower protection).

4. Employer Responsibilities:

   • Beyond the General Duty Clause and complying with specific standards, employers are required to:

     • Provide and maintain equipment that is safe.

     • Establish or update operating procedures and communicate them to employees.

     • Provide safety training in a language and vocabulary workers can understand.

     • Keep records of work-related injuries and illnesses (for most employers with more than 10 employees, with some industry exemptions).

     • Report certain severe injuries (fatalities, in-patient hospitalizations, amputations, loss of an eye) to OSHA.

     • Prominently display the official OSHA "Job Safety and Health: It's the Law!" poster.

 

The OSH Act, enforced by OSHA, fundamentally changed workplace safety by establishing a federal mandate for employers to provide a safe working environment, leading to a significant reduction in workplace injuries, illnesses, and fatalities since its enactment.

# of employees needed for coverage:

No minimum number of employees for coverage.

Currently Enforced:

Yes

Bases:

Disability

Issued covered:

Employment

Description:

The Rehabilitation Act of 1973 has different coverage criteria depending on the section:

​

Section 501: Applies to the federal government as an employer. There is no minimum number of employees. It requires federal agencies to take affirmative action in the hiring, placement, and advancement of individuals with disabilities.

 

Section 503: Applies to federal contractors and subcontractors with contracts exceeding $15,000. It requires these employers to take affirmative action to employ and advance in employment qualified individuals with disabilities. The Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor is tasked with enforcing

 

Section 503. However, along with the recession of EO11246 in 2025, the Trump administration paused OFCCP's enforcement of this law and proposes to shift the entire responsibility of enforcement to the Equal Employment Opportunity Commission (EEOC).  

 

Section 504: Applies to any program or activity receiving federal financial assistance. This can include a wide range of entities, regardless of the number of employees. It prohibits discrimination on the basis of disability in these programs and activities.

 

The Rehabilitation Act of 1973 is still actively enforced today. The Equal Employment Opportunity Commission (EEOC) enforces Section 501.  Federal agencies that provide financial assistance enforce Section 504 for their recipients.

 

The protected basis under the Rehabilitation Act is disability. The definition of disability is broad and includes physical or mental impairments that substantially limit one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. The Act also requires covered employers and entities to provide reasonable accommodations to qualified individuals with disabilities, unless it would impose an undue hardship.

# of employees needed for coverage:

>$150,000 (Contracts) (No minimum number of employees needed.

Currently Enforced:

Yes

Bases:

Veteran Status/Disability

Issued covered:

Employment

Description:

The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) primarily applies to federal contractors and subcontractors with contracts exceeding a certain threshold (currently $150,000). These covered employers are required to take affirmative action to employ and advance in employment protected veterans.

 

The VEVRAA was actively enforced by the Office of Federal Contract Compliance Programs (OFCCP) within the U.S. Department of Labor. However in early 2025, along with the recission of EO11246, the Trump administration paused the agency's enforcement of this law and proposes to shift enforcement responsibilities to Veterans' Employment and Training Services (VETS).

 

The protected bases under VEVRAA include several categories of "protected veterans":

 

• Disabled veterans: Those entitled to disability compensation under laws administered by the Department of Veterans Affairs, or those discharged or released from active duty because of a service-connected disability.

• Recently separated veterans: Veterans within three years of their discharge or release from active duty.

• Active duty wartime or campaign badge veterans: Veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.

• Armed Forces service medal veterans: Veterans who participated in a U.S. military operation for which an Armed Forces service medal was awarded.

# of employees needed for coverage:

No minimum number of employees needed.

Currently Enforced:

Yes

Bases:

Retirement and Health Plans

Issued covered:

Employment

Description:

ERISA generally applies to private-sector employers regardless of their size or the number of employees. This means that even businesses with a single employee may be subject to ERISA regulations if they offer covered benefit plans. However, it does not cover plans established or maintained by governmental entities, churches for their employees, or plans solely maintained to comply with workers' compensation, unemployment, or disability laws.

Bases the Law Covers: ERISA covers two broad categories of employee benefit plans:

1. Pension Benefit Plans: These plans are designed to provide employees with income after retirement. This includes:

   • Defined Benefit Plans: Traditional pension plans where the employer promises a specific retirement benefit based on a formula (e.g., years of service, salary).

   • Defined Contribution Plans: Plans like 401(k)s, 403(b)s, and profit-sharing plans, where contributions are made to individual employee accounts, and the retirement benefit depends on contributions and investment performance. ERISA sets standards for participation, vesting (when an employee's right to benefits becomes non-forfeitable), benefit accrual, and funding for these plans. It also establishes fiduciary responsibilities for those who manage and control plan assets, requiring them to act solely in the best interest of participants.

2. Welfare Benefit Plans: These plans provide benefits other than retirement income. This category includes:

   • Health insurance (medical, dental, vision)

   • Life insurance

   • Disability insurance (short-term and long-term)

   • Severance benefits

   • Certain vacation and holiday pay plans

   • Employee assistance programs (EAPs)

   • Apprenticeship and training programs

   • Higher education benefits

For both pension and welfare plans, ERISA imposes requirements related to:

• Reporting and Disclosure: Employers must provide participants with important information about plan features, funding, and financial status (e.g., Summary Plan Descriptions, annual reports like Form 5500).

• Fiduciary Responsibilities: Those who manage plan assets (fiduciaries) must act prudently and solely in the best interest of plan participants and beneficiaries. They can be held personally liable for breaches of their duties.

• Grievance and Appeals Processes: Plans must establish procedures for participants to appeal denied benefit claims.

• Anti-Discrimination: Plans must not discriminate against participants based on factors like health status, age, or length of service.

While ERISA sets minimum standards, it does not require employers to establish any particular benefit plans. However, if an employer chooses to offer such plans, they must comply with ERISA's regulations.

# of employees needed for coverage:

15 or more employees

Currently Enforced:

Yes

Bases:

Pregnancy

Issued covered:

Employment

Description:

The Pregnancy Discrimination Act (PDA) of 1978 is an amendment to Title VII of the Civil Rights Act of 1964. Therefore, the coverage is the same as Title VII: employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year are covered.

The PDA is still actively enforced today by the Equal Employment Opportunity Commission (EEOC).
It prohibits discrimination based on pregnancy, childbirth, or related medical conditions. This means employers cannot discriminate against employees or applicants because of these conditions and must treat women affected by pregnancy or related conditions in the same way as other employees similar in their ability or inability to work.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Labor Unions/Relations (Federal Sector)

Issued covered:

Employment

Description:

The Federal Service Labor-Management Relations Statute (FSLMRS), also known as Title VII of the Civil Service Reform Act of 1978, is the federal law that governs labor relations for most employees of the U.S. federal government. It is essentially the federal sector equivalent of the National Labor Relations Act (NLRA), but with adaptations to reflect the unique nature of government employment.

Employer Coverage:

The FSLMRS applies to most non-postal federal agencies in the Executive Branch, independent agencies, and certain legislative branch agencies (like the Library of Congress and the Government Printing Office).

• There is no minimum number of employees required for an agency to be covered. If an agency falls within the scope of the FSLMRS, its employees' rights are protected regardless of how many employees it has.

• It specifically does not cover employees of the U.S. Postal Service (who are covered by the Postal Reorganization Act), members of the uniformed services, supervisors, management officials, or employees in the Foreign Service, among others. Agencies whose primary work concerns national security can also be excluded by the President.

Bases the Law Covers:

The FSLMRS covers several key areas related to labor-management relations within the federal government:

1. Employee Rights:

   • Grants federal employees the right to form, join, or assist any labor organization (union), or to refrain from such activity, freely and without fear of penalty or reprisal.

   • Protects the right to bargain collectively through representatives of their own choosing regarding conditions of employment.

   • Guarantees the right to present views to agency officials, Congress, or other appropriate authorities through their union.

2. Collective Bargaining:

   • Requires federal agencies to bargain in good faith with recognized labor organizations (unions) over "conditions of employment."

   • Important Distinction from Private Sector: Unlike the private sector under the NLRA, federal employees generally cannot bargain over wages, hours, or major employee benefits (such as retirement and health insurance premiums), as these are typically set by federal statute or regulation. Bargaining largely focuses on "personnel policies, practices, and matters affecting working conditions."

   • The FSLMRS outlines "management rights" that are reserved to agencies (e.g., determining mission, budget, organization, hiring, assigning work, taking disciplinary action), though agencies must bargain over the procedures for exercising these rights and the impact and implementation of their decisions on employees.

3. Unfair Labor Practices (ULPs):

   • Defines and prohibits certain unfair labor practices by both agency management and labor organizations.

   • For Agencies (similar to NLRA employer ULPs): Prohibits interfering with employee rights, dominating or assisting a union, discriminating against employees for union activity, or refusing to bargain in good faith.

   • For Labor Organizations (similar to NLRA union ULPs): Prohibits coercing employees in their rights, causing an agency to commit an unfair labor practice, refusing to bargain in good faith, or engaging in strikes.

4. Prohibition of Strikes:

   • A key difference from the private sector is that the FSLMRS explicitly prohibits federal employees and their unions from engaging in strikes or work stoppages that interfere with government operations. Engaging in such activity is an unfair labor practice.

5. Federal Labor Relations Authority (FLRA):

   • Established the FLRA as an independent agency to administer and enforce the FSLMRS. The FLRA performs functions similar to the NLRB in the private sector:

     • Resolving representation disputes and conducting union elections.

     • Adjudicating unfair labor practice complaints.

     • Resolving negotiability disputes (whether a particular matter is subject to bargaining).

   • The FLRA also includes the Federal Service Impasses Panel (FSIP), which provides assistance in resolving bargaining impasses.

 

In summary, the FSLMRS provides a legal framework for collective bargaining in the federal sector, balancing employees' rights to organize and bargain with the government's need for efficient and effective operations, particularly by restricting the scope of bargaining and prohibiting strikes.

# of employees needed for coverage:

20 or more employees

Currently Enforced:

Yes

Bases:

Health Insurance

Issued covered:

Employment

Description:

The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) is a federal law that allows employees and their families to temporarily continue their group health coverage provided by their employer's plan, often at their own expense, when their coverage would otherwise end due to certain "qualifying events."

Employee Coverage: COBRA generally applies to private-sector employers and state and local governments that sponsored a group health plan and had 20 or more employees on more than 50% of their typical business days in the previous calendar year. Both full-time and part-time employees are counted to determine if an employer meets this threshold. Federal government and church plans are typically exempt from COBRA.

Bases the Law Covers: COBRA primarily covers group health plans that provide medical care. This includes, but is not limited to:

• Medical plans (inpatient and outpatient hospital care, physician care, surgery, major medical benefits)

• Prescription drug plans

• Dental plans

• Vision plans

• Health Flexible Spending Accounts (FSAs) (if certain conditions are met)

• Health Reimbursement Arrangements (HRAs)

• Substance abuse treatment plans

• Mental health plans

COBRA does not cover plans that provide only life insurance, disability benefits, accidental death and dismemberment, long-term care, or on-site medical clinics that do not charge for services.

The law ensures that individuals who experience a loss of coverage due to specific "qualifying events" have the option to continue their existing health benefits. These qualifying events include:

• Termination of employment (voluntary or involuntary, unless for gross misconduct)

• Reduction in hours of employment

• Death of the covered employee

• Divorce or legal separation from the covered employee

• A dependent child losing eligibility under the plan (e.g., reaching a certain age)

• The covered employee becoming entitled to Medicare

COBRA continuation coverage is temporary, typically lasting for 18 months for job loss or reduction in hours, and up to 36 months for other qualifying events (like divorce or death of the employee). In some cases, extensions are possible, such as for disability. Qualified beneficiaries generally pay the full cost of the premium, plus an administrative fee of up to 2%.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Lie detector 

Issued covered:

Employment

Description:

The Employee Polygraph Protection Act of 1988 (EPPA) is a federal law that generally prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Its primary aim is to protect employees and job applicants from intrusive and potentially unreliable polygraph examinations.

Employer Coverage:

The EPPA applies to most private-sector employers, regardless of their size or the number of employees they have. This means even a small business with only one employee is covered by the prohibitions of the EPPA if it's a private entity.

The Act does not cover:

• Federal, state, and local government employers. These public agencies are generally exempt from the EPPA's prohibitions, meaning they can use polygraph tests, often for sensitive positions (e.g., in national security or law enforcement).

• Federal contractors engaged in national security intelligence functions.

• Certain private security firms for their employees (e.g., those providing security services to protect facilities affecting national security, or to protect nuclear or radioactive materials).

• Employers who manufacture, distribute, or dispense controlled substances (e.g., pharmaceutical companies, pharmacies) for prospective employees who would have direct access to controlled substances, or for current employees if there's a specific investigation involving theft or diversion of controlled substances.

Bases the Law Covers:

The EPPA primarily covers the following bases:

1. General Prohibition on Polygraph Use:

   • It largely makes it unlawful for employers to:

     • Require or request any employee or job applicant to take a lie detector test.

     • Use, accept, refer to, or inquire about the results of any lie detector test.

     • Discharge, discipline, discriminate against, or threaten to discriminate against any employee or applicant who refuses to take a lie detector test, or for acting on their EPPA rights.

2. Definition of "Lie Detector Test":

   • The Act broadly defines "lie detector" to include not only polygraphs, but also voicestress analyzers, psychological stress evaluators, and any other similar device used to render a diagnostic opinion as to the honesty or dishonesty of an individual. This ensures the prohibition isn't easily circumvented by new technologies.

3. Limited Exceptions (for private employers):

   • While the general rule is a prohibition, the EPPA carves out very specific and narrow exceptions where polygraph tests may be administered by private employers, but only under strict conditions:

     • Ongoing Investigation Exception: An employer may ask an employee to take a polygraph test if:

       • The test is part of an ongoing investigation involving economic loss or injury to the employer's business (e.g., theft, embezzlement, sabotage).

       • The employee had access to the property that is the subject of the investigation.

       • The employer has a reasonable suspicion that the employee was involved in the incident.

       • The employer provides the employee with a written statement explaining the basis for the test and their rights.

       • Even in this exception, the employer cannot discharge, discipline, or discriminate against an employee solely on the basis of a polygraph test result or their refusal to take the test, without additional supporting evidence.

4. Rights of Examinees:

   • Even when an exception allows a polygraph test, the EPPA provides specific rights to the examinee, including the right to:

     • Terminate the test at any time.

     • Not be asked questions about religious beliefs, racial matters, political beliefs, sexual behavior, or union activities.

     • Review all questions to be asked during the test.

     • Have a written copy of any opinion or conclusion rendered in response to the test.

5. Enforcement and Penalties:

   • The Department of Labor enforces the EPPA. Employers who violate the Act can face civil monetary penalties, and employees can file private lawsuits for relief, including reinstatement, promotion, and lost wages and benefits.

In essence, the EPPA dramatically restricted the use of polygraphs in private employment decisions, reflecting a legislative judgment that their unreliability and potential for abuse outweighed any perceived benefits for most employers.

# of employees needed for coverage:

15 or more employees

Currently Enforced:

Yes

Bases:

Disability

Issued covered:

Employment/Public Accommodations/Public Services

Description:

The Americans with Disabilities Act (ADA) has different coverage based on the title:

Title I (Employment): Covers employers with 15 or more employees.

Title II (State and Local Government Services): Covers all state and local government entities, regardless of size.

Title III (Public Accommodations and Commercial Facilities): Covers a wide range of private entities that are considered public accommodations (e.g., restaurants, hotels, theaters, retail stores) and commercial facilities, without a specific employee count.

 

The ADA is still actively enforced today. The Equal Employment Opportunity Commission (EEOC) enforces Title I. The Department of Justice (DOJ) enforces Titles II and III. Individuals can also bring private lawsuits under the ADA.

 

The protected basis under the ADA is disability. The definition of disability is broad and includes a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. The ADA also requires covered employers and entities to provide reasonable accommodations to qualified individuals with disabilities, unless it would impose an undue hardship.

# of employees needed for coverage:

20 or more employees

Currently Enforced:

Yes

Bases:

Age

Issued covered:

Employment

Description:

The Older Workers Benefit Protection Act of 1990 (OWBPA) is an amendment to the Age Discrimination in Employment Act of 1967 (ADEA). Its primary purpose is to safeguard the rights and benefits of older workers (those aged 40 and over) from age-based discrimination, particularly concerning employee benefits and the waiving of age discrimination claims.

Employee Coverage: The OWBPA generally applies to private-sector employers, federal, state, and local governments that have 20 or more employees. This threshold is the same as for the broader ADEA.

Bases the Law Covers: The OWBPA covers two main areas:

1. Protection Against Age Discrimination in Benefits:

   • The law clarifies that the ADEA's prohibition against age discrimination extends to all employee benefits, including:

     • Pension and retirement plans (both defined benefit and defined contribution)

     • Health insurance

     • Life insurance

     • Disability benefits

     • Severance pay

   • It generally requires employers to provide equal benefits to older and younger workers. However, it allows for age-based reductions in benefits if the cost of providing those benefits to older workers is significantly higher, provided the employer incurs the same cost for all employees (the "equal benefit or equal cost" principle). This means an employer might offer a lesser benefit to an older worker if the cost to the employer for that lesser benefit is equal to the cost of a higher benefit for a younger worker.

2. Standards for "Knowing and Voluntary" Waivers of Age Discrimination Claims:

   • A critical component of OWBPA addresses situations where employers ask employees to waive their right to sue for age discrimination, often in exchange for severance pay or early retirement incentives. The OWBPA sets out strict requirements for such waivers to be considered "knowing and voluntary" and therefore legally enforceable. These requirements include:

     • Clear and understandable language: The waiver must be written in a manner that the average individual eligible to sign it can understand.

     • Specific reference to ADEA rights: The waiver must specifically refer to rights or claims arising under the ADEA.

     • No waiver of future rights: It cannot waive rights or claims that may arise after the date the waiver is signed.

     • Consideration: The employee must receive something of value (e.g., severance pay) in addition to anything they are already entitled to.

     • Written advice to consult an attorney: The employee must be advised in writing to consult with an attorney before signing the agreement.

     • Time to consider: Employees must be given at least 21 days to consider an individual waiver, or 45 days if the waiver is offered in connection with an exit incentive program or other employment termination program offered to a group or class of employees (like a layoff).

     • Seven-day revocation period: The employee must be given at least seven days after signing the waiver to revoke their signature.

     • Information for group layoffs: In a group layoff or early retirement program, employers must provide specific information to the affected employees about the job titles and ages of all individuals in the decisional unit, both those selected and those not selected for the program.

The OWBPA was enacted in response to a Supreme Court decision that had interpreted the ADEA narrowly regarding benefits, and to prevent employers from circumventing age discrimination laws by pressuring older workers to waive their rights without proper understanding or adequate consideration.

# of employees needed for coverage:

15 or more employees

Currently Enforced:

Yes

Bases:

Race/Color/Religion/National Origin/Religion/Sex/Retaliation/Reprisal

Issued covered:

Employment

Description:

The Civil Rights Act of 1991 is a federal law that strengthened and expanded the protections provided under earlier civil rights laws, particularly Title VII of the Civil Rights Act of 1964. It applies to employers with 15 or more employees and is still actively enforced by the Equal Employment Opportunity Commission (EEOC).

​

The Act allows victims of intentional employment discrimination to seek compensatory and punitive damages and provides for jury trials in such cases.

​

These protections cover all aspects of employment, including hiring, promotion, discharge, compensation, and other terms and conditions of employment.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Race/Color/Religion/National Origin/Religion/Sex/Retaliation/Reprisal/Genetic Information

Issued covered:

Employment (Federal)

Description:

29 CFR Part 1614 outlines the Equal Employment Opportunity (EEO) complaint process for federal employees, former employees, and applicants for federal employment. This regulation is enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and remains in effect as of 2025 .

​

Coverage:

This regulation applies exclusively to federal agencies and their employees. Unlike private-sector EEO laws, there is no minimum employee threshold; all federal agencies are covered regardless of size.

​

Enforcement:

Federal employees must initiate contact with an EEO Counselor within 45 calendar days of the alleged discriminatory event. The EEOC oversees the complaint process, including investigations, hearings, and appeals, ensuring compliance with EEO laws and regulations. Management Directive 110 compliments the federal EEO program by providing additional guidance and procedures. 

# of employees needed for coverage:

50 or more employees (20+ CY workweeks & within 75 mile radius)

Currently Enforced:

Yes

Bases:

Medical leave

Issued covered:

Employment 

Description:

The Family and Medical Leave Act of 1993 (FMLA) is a federal law that grants eligible employees of covered employers the right to take unpaid, job-protected leave for specific family and medical reasons, with the continuation of group health insurance coverage.

​

Employee Coverage: FMLA applies to:

• Private-sector employers that have 50 or more employees for each working day during 20 or more calendar workweeks in the current or preceding calendar year. These 50 employees must also work within a 75-mile radius of the employee's worksite.

• All public agencies, including federal, state, and local government agencies, regardless of the number of employees.

• All public and private elementary and secondary schools, regardless of the number of employees.

To be eligible for FMLA leave, an individual employee must:

• Have worked for the employer for at least 12 months (not necessarily consecutive).

• Have worked at least 1,250 hours during the 12 months immediately before the leave starts.

• Work at a location where the employer has at least 50 employees within a 75-mile radius.

​

Bases the Law Covers: FMLA entitles eligible employees to take up to 12 workweeks of leave in a 12-month period for the following reasons:

1. Birth of a child and to care for the newborn child within one year of birth.

2. Placement of a child for adoption or foster care and to care for the newly placed child within one year of placement.

3. To care for the employee's spouse, child, or parent who has a serious health condition.

4. For a serious health condition that makes the employee unable to perform the essential functions of their job. A "serious health condition" generally involves inpatient care or continuing treatment by a healthcare provider.

5. For any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty." (This covers things like attending certain military events, arranging for alternative childcare, or addressing certain financial and legal arrangements.)

 

Additionally, FMLA includes a special leave entitlement for military caregivers:

• Up to 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember's spouse, son, daughter, parent, or next of kin (this is known as military caregiver leave).

 

While FMLA leave is generally unpaid, employees may choose (or employers may require employees) to use accrued paid leave (like vacation or sick leave) concurrently with FMLA leave. Employers are required to maintain the employee's group health insurance benefits during the FMLA leave under the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees are entitled to be restored to their original job or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Active Duty Military and Veterans

Issued covered:

Employment

Description:

USERRA protects individuals based on their military service, past, present, or future. Specifically, it prohibits discrimination in employment (including hiring, reemployment, retention, promotion, and any benefit of employment) against a person because of:

• Past military service (i.e., veteran status)

• Current military obligations (e.g., serving in the Reserves or National Guard)

• Intent to serve in the uniformed services

 

It also guarantees reemployment rights to eligible service members returning from a period of service in the uniformed services, requiring employers to generally restore them to the position they would have attained had they not been absent for military service, with the same seniority, status, and pay (known as the "escalator principle"). USERRA also includes protections for disabled veterans and requires reasonable efforts to accommodate service-connected disabilities.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Health information

Issued covered:

Employment/Healthcare

Description:

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a comprehensive federal law designed to achieve several critical goals related to healthcare in the United States, primarily focusing on data privacy, security, and the standardization of electronic healthcare transactions.

Employer Coverage: HIPAA directly applies to specific entities, known as "Covered Entities," and their "Business Associates."

• Covered Entities include:

  • Health Plans: This broadly covers health insurance companies, HMOs, Medicare, Medicaid, and employer-sponsored group health plans. For employer-sponsored group health plans, an employer becomes a covered entity if it administers a group health plan (particularly self-funded plans). If an employer has a fully-insured health plan and simply facilitates enrollment without accessing or managing protected health information (PHI), they might have limited direct HIPAA obligations beyond what the health plan itself must comply with. However, if the employer has access to or uses PHI for plan administration (e.g., handling claims, eligibility, or benefit inquiries directly), they become a covered entity. The Department of Health and Human Services (HHS) generally states that a "group health plan" is a covered entity, with the only exception being for plans with fewer than 50 participants that are administered solely by the employer.

  • Healthcare Providers: This includes doctors, clinics, hospitals, pharmacies, psychologists, dentists, chiropractors, and nursing homes – any healthcare provider that electronically transmits health information in connection with certain standard transactions (like claims, eligibility inquiries, etc.).

  • Healthcare Clearinghouses: Entities that process non-standard health information into a standard format or vice versa.

• Business Associates: These are individuals or entities that perform functions or activities on behalf of a Covered Entity that involve the use or disclosure of PHI. Examples include billing companies, claims processors, IT providers, cloud storage companies, attorneys, accountants, or consultants who handle PHI for a Covered Entity. Business Associates are also directly liable for complying with certain HIPAA rules and must have a Business Associate Agreement (BAA) with the Covered Entity.

Therefore, while HIPAA doesn't apply to all employers, it significantly impacts those that sponsor or administer group health plans, or those that interact with PHI in other ways that make them a Covered Entity or Business Associate.

Bases the Law Covers: HIPAA is divided into several titles, but two are particularly relevant to the description of its coverage:

1. Title I: Health Care Access, Portability, and Renewability:

   • Aimed at improving the portability of health insurance coverage for individuals who change or lose jobs.

   • Limits exclusions for pre-existing conditions: It restricts how long a group health plan can impose an exclusion period for pre-existing conditions and generally requires plans to credit prior coverage, reducing or eliminating such waiting periods.

   • Prohibits discrimination: Prevents group health plans from discriminating against individuals based on their health status, medical condition, claims experience, receipt of healthcare, medical history, genetic information, evidence of insurability, or disability.

   • Guarantees renewability and availability: Ensures that individuals and certain employers have the right to renew their health coverage.

2. Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification; Medical Liability Reform:

   • This is the section most commonly associated with HIPAA due to its focus on privacy and security. It includes:

     • Privacy Rule: Establishes national standards for the protection of Protected Health Information (PHI), which is any individually identifiable health information (including demographic data, medical histories, test results, etc.). It governs the use and disclosure of PHI by Covered Entities and grants individuals significant rights over their health information, such as the right to access and amend their records, and to receive an accounting of disclosures.

     • Security Rule: Sets national standards for protecting electronic Protected Health Information (ePHI). It requires Covered Entities and Business Associates to implement administrative, physical, and technical safeguards to ensure the confidentiality, integrity, and availability of ePHI.

     • Breach Notification Rule: Requires Covered Entities and Business Associates to notify affected individuals, the Secretary of HHS, and in some cases, the media, following a breach of unsecured PHI.

     • Administrative Simplification: Aims to streamline healthcare transactions by establishing national standards for electronic healthcare transactions (e.g., claims, eligibility inquiries, payment remittances). This standardizes the format and content of information exchanged between healthcare entities to improve efficiency and reduce costs.

 

In essence, HIPAA works to ensure that individuals can maintain health insurance coverage when they change jobs and, crucially, to protect the privacy and security of their sensitive health information.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Reporting, Whistle Blower, Auditing and Internal Controls

Issued covered:

Financial Securities 

Description:

The Sarbanes-Oxley Act of 2002 (SOX) is a federal law enacted in response to major corporate accounting scandals of the early 2000s (e.g., Enron, WorldCom, Tyco). Its primary goal is to restore public trust in U.S. capital markets by improving the accuracy and reliability of corporate financial reporting, enhancing corporate governance, and increasing accountability for executives and auditors.

Employer Coverage:

SOX primarily applies to publicly traded companies in the United States. This includes any company with a class of securities registered under Section 12 of the Securities Exchange Act of 1934 or that is required to file reports under Section 15(d) of that Act.

While there isn't a specific "number of employees" threshold, the core applicability is tied to the company's status as a publicly traded entity. Subsidiaries, contractors, and subcontractors of covered public companies may also be subject to certain aspects of SOX, particularly its whistleblower protection provisions.

Bases the Law Covers:

SOX is divided into eleven sections (titles), addressing various aspects of corporate governance, financial reporting, and accountability:

1. Public Company Accounting Oversight Board (PCAOB): Created the PCAOB, an independent body responsible for overseeing the audits of public companies to protect investors and ensure the quality of audit reports. This ended the accounting profession's self-regulation.

2. Auditor Independence: Imposed strict rules to ensure the independence of external auditors. This includes prohibiting audit firms from providing certain non-audit services (e.g., bookkeeping, IT system design) to their audit clients and requiring audit partner rotation.

3. Corporate Responsibility:

   • CEO and CFO Certification: Requires the chief executive officer (CEO) and chief financial officer (CFO) to personally certify the accuracy and completeness of their company's financial statements (quarterly and annual reports filed with the SEC). This significantly increases their personal accountability for financial reporting.

   • Audit Committees: Mandates that audit committees of public companies be composed solely of independent directors and be responsible for the appointment, compensation, and oversight of the external auditor.

   • Forfeiture of Bonuses ("Clawbacks"): Allows the SEC to require CEOs and CFOs to forfeit bonuses or other incentive-based compensation if financial restatements are necessary due to misconduct.

4. Enhanced Financial Disclosures:

   • Requires companies to provide more transparent and timely disclosures regarding their financial condition, including off-balance sheet transactions, pro forma financial information, and management's assessment of internal controls over financial reporting.

   • Mandates rapid disclosure of material changes in a company's financial condition or operations.

5. Corporate and Criminal Fraud Accountability:

   • Whistleblower Protection (Section 806): Protects employees of publicly traded companies from retaliation if they report what they reasonably believe to be mail fraud, wire fraud, bank fraud, securities fraud, or any violation of SEC rules or federal law relating to fraud against shareholders. This is a significant aspect of SOX impacting employees directly, providing remedies like reinstatement, back pay, and special damages.

   • New Criminal Penalties: Created new criminal offenses and increased penalties for various white-collar crimes, including altering or destroying documents to obstruct federal investigations, securities fraud, and defrauding shareholders.

6. Internal Controls (Section 404):

   • Requires management to establish and maintain an adequate internal control structure and procedures for financial reporting.

   • Mandates that management issue an annual report on the effectiveness of these internal controls.

   • Requires the company's independent external auditor to attest to, and report on, management's assessment of internal controls. This is often considered one of the most burdensome and impactful provisions of SOX for companies.

In essence, SOX represents a fundamental shift in corporate governance, imposing strict requirements on public companies and their executives to enhance transparency, accountability, and the integrity of financial reporting to protect investors.

# of employees needed for coverage:

15 or more employees.

Currently Enforced:

Yes

Bases:

Genetic Information 

Issued covered:

Employment

Description:

The Genetic Information Nondiscrimination Act (GINA) of 2008 is a federal law that prohibits discrimination in employment based on genetic information. GINA applies to private employers with 15 or more employees, as well as employment agencies, labor organizations, and federal sector employers.
GINA is statutorily enforced by the Equal Employment Opportunity Commission (EEOC).

GINA protects individuals from discrimination based on genetic information, which includes:

• Information about an individual's genetic tests

• Information about genetic tests of an individual's family members

• Family medical history

• Requests for, or receipt of, genetic services (such as genetic counseling or testing)

GINA prohibits the use of genetic information in hiring, firing, job assignments, promotions, and other employment decisions, and restricts employers from requesting or disclosing such information.

# of employees needed for coverage:

15 or more employees.

Currently Enforced:

Yes

Bases:

Pay discrimination

Issued covered:

Employment

Description:

In the case of Ledbetter v. Goodyear, the Supreme Court ruled that a woman could not sue for pay discrimination because the statute of limitations had run out on the initial discriminatory decision, even though she continued to receive discriminatory paychecks. 

 

The Lilly Ledbetter Fair Pay Act effectively resets the statute of limitations clock with each discriminatory paycheck. This means that employees can now file claims within 180 days of receiving any paycheck they believe is discriminatory, regardless of when the initial discriminatory decision was made.

 

The act ensures that employees who are experiencing ongoing pay discrimination can seek legal recourse, even if they were unaware of the initial discriminatory act for some time. It also addresses the compounding effect of discriminatory pay, where raises, promotions, and other benefits are also negatively impacted over time.

​

​The act applies to claims of discrimination under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act

# of employees needed for coverage:

50 or more employees.

Currently Enforced:

Yes

Bases:

Health insurance

Issued covered:

Employment

Description:

The Affordable Care Act of 2010 (ACA), often referred to as "Obamacare," is a landmark federal statute that significantly reformed the U.S. healthcare system. Its primary goals are to increase the number of Americans with health insurance coverage and to regulate the health insurance industry to make coverage more affordable and accessible.

Employer Coverage (Employer Mandate):

The ACA introduced the "employer shared responsibility provision," often called the "employer mandate." This mandate applies to Applicable Large Employers (ALEs). An employer is generally considered an ALE if they had an average of 50 or more full-time employees, including full-time equivalent (FTE) employees, during the preceding calendar year.

• Full-time employee is defined as an employee who works, on average, at least 30 hours per week or 130 hours per month.

• Full-time equivalent (FTE) employees are calculated by combining the hours of part-time employees. For example, two part-time employees each working 15 hours a week would combine to equal one FTE for the purpose of the 50-employee threshold.

ALEs are required to offer affordable health insurance that provides minimum essential coverage and minimum value to at least 95% of their full-time employees and their dependents (up to age 26), or potentially face penalties.

• Affordable: The employee's share of the premium for self-only coverage cannot exceed a certain percentage of their household income (this percentage is adjusted annually).

• Minimum Value: The plan must cover at least 60% of the total allowed costs of benefits under the plan.

• Minimum Essential Coverage (MEC): Most health insurance coverage, including employer-sponsored plans and plans purchased through the Marketplace, qualifies as MEC.

Employers that do not meet these requirements may be subject to penalties if at least one full-time employee receives a premium tax credit (subsidy) for coverage purchased through the Health Insurance Marketplace.

Bases the Law Covers (Key Provisions):

The ACA broadly impacts health insurance coverage and the healthcare system, covering several key bases:

1. Individual Mandate (initially): While the federal penalty for not having health insurance was effectively eliminated starting in 2019, the ACA originally required most individuals to have minimum essential health insurance coverage or pay a penalty. Some states have since enacted their own individual mandates.

2. Health Insurance Marketplaces (Exchanges): Created online marketplaces where individuals and small businesses can compare and purchase health insurance plans. These marketplaces offer subsidies (Premium Tax Credits and Cost-Sharing Reductions) to eligible individuals and families based on income to help them afford coverage.

3. Essential Health Benefits (EHBs): Individual and small-group health plans (both on and off the Marketplace) are required to cover 10 categories of EHBs:

   • Ambulatory patient services (outpatient care)

   • Emergency services

   • Hospitalization

   • Maternity and newborn care

   • Mental health and substance use disorder services (including behavioral health treatment)

   • Prescription drugs

   • Rehabilitative and habilitative services and devices (helping people with disabilities or chronic conditions gain or recover skills)

   • Laboratory services

   • Preventive and wellness services and chronic disease management

   • Pediatric services, including oral and vision care

4. Consumer Protections:

   • No denial for pre-existing conditions: Health plans cannot deny coverage or charge more based on health status or pre-existing conditions.

   • No annual or lifetime limits: Prohibits health plans from setting dollar limits on the amount of care they will pay for over a person's lifetime or per year for EHBs.

   • Dependent coverage up to age 26: Allows young adults to remain on their parents' health insurance plans until age 26.

   • Preventive services at no cost: Requires most plans to cover certain preventive services (like vaccinations, screenings) without cost-sharing.

   • Caps on out-of-pocket costs: Sets a maximum amount individuals and families can be required to pay for covered services in a year.

   • Medical Loss Ratio (MLR): Requires insurance companies to spend a certain percentage (80-85%) of premium revenue on medical care and quality improvements, rather than administrative costs or profits. If they don't meet this, they may have to issue rebates to policyholders.

5. Medicaid Expansion: Allowed states to expand their Medicaid programs to cover more low-income adults (up to 138% of the federal poverty level), with significant federal funding support. This was a key component of increasing coverage.

In summary, the ACA aimed to make health insurance more accessible, affordable, and comprehensive, primarily through new regulations for insurers, the establishment of marketplaces, and the expansion of Medicaid.

# of employees needed for coverage:

No minimum number of employees needed for coverage.

Currently Enforced:

Yes

Bases:

Reporting, Whistleblower protections, mortgages, & consumer protection

Issued covered:

Financial

Description:

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) is a sweeping federal law enacted in response to the 2008 financial crisis. Its overarching goal is to prevent a recurrence of such a crisis by overhauling the financial regulatory system, increasing accountability and transparency, and protecting consumers.

 

Employer Coverage:

The Dodd-Frank Act's applicability to employers is complex and depends on the specific provision. It doesn't have a single "employee count" threshold that applies uniformly to all its sections.

• Financial Institutions: The core of Dodd-Frank targets financial institutions, regardless of their size, though larger, "systemically important" institutions face more stringent regulations. This includes banks, investment firms, credit rating agencies, hedge funds, and other entities operating in the financial sector.

• Publicly Traded Companies (for certain provisions): Similar to Sarbanes-Oxley, certain provisions, particularly those related to corporate governance (like "Say-on-Pay" for executive compensation) and enhanced whistleblower protections, apply to publicly traded companies. These provisions generally apply regardless of the specific number of employees, as long as the company is publicly traded.

• Whistleblower Protections: The Act significantly expanded whistleblower protections, making them applicable to employees in a broader range of financial companies and public companies. These protections apply to individuals who report violations of securities laws, financial misconduct, and other wrongdoing, and do not hinge on the employer's size.

 

Bases the Law Covers:

The Dodd-Frank Act is incredibly comprehensive, comprising hundreds of sections across 16 titles. Key areas it covers include:

1. Financial Stability and Systemic Risk:

   • Financial Stability Oversight Council (FSOC): Created the FSOC to identify and monitor systemic risks to the U.S. financial system, especially from large, interconnected financial institutions ("too big to fail"). The FSOC can recommend that certain non-bank financial companies be supervised by the Federal Reserve.

   • Orderly Liquidation Authority: Established a framework for the orderly liquidation of failing financial firms deemed "systemically important" to prevent chaotic collapses and avoid taxpayer bailouts.

   • Volcker Rule: Generally prohibits banks and their affiliates from engaging in proprietary trading (trading for their own profit, unrelated to serving customers) and from owning or sponsoring hedge funds and private equity funds.

2. Consumer Protection:

   • Consumer Financial Protection Bureau (CFPB): Created the CFPB as an independent agency within the Federal Reserve. The CFPB is tasked with protecting consumers in the financial marketplace by regulating consumer financial products and services, including mortgages, credit cards, and student loans. It has authority to write rules, enforce laws, and educate consumers.

3. Derivatives Regulation:

   • Brought the previously unregulated over-the-counter (OTC) derivatives market under federal oversight. It requires most standardized derivatives to be centrally cleared and traded on exchanges, increasing transparency and reducing counterparty risk.

4. Executive Compensation and Corporate Governance:

   • "Say-on-Pay": Requires public companies to hold non-binding shareholder votes on executive compensation (e.g., salary, bonuses) at least once every three years.

   • Clawback Provisions: Mandates that public companies adopt policies to recover incentive-based compensation from current or former executive officers in the event of an accounting restatement due to material noncompliance with financial reporting requirements.

5. Whistleblower Protections and Incentives:

   • Significantly enhanced whistleblower protections from retaliation for employees who report securities or commodities law violations to the Securities and Exchange Commission (SEC) or the Commodity Futures Trading Commission (CFTC).

   • Created a program providing monetary awards (10-30% of recovered funds) to whistleblowers who voluntarily provide original information that leads to successful enforcement actions resulting in monetary sanctions exceeding $1 million.

6. Credit Rating Agencies: Imposed new regulations and oversight on credit rating agencies to improve their accountability and the reliability of their ratings, which were criticized for their role in the financial crisis.

7. Mortgage Reform: Introduced new standards for mortgage origination and securitization, including requiring lenders to verify a borrower's ability to repay and requiring securitizers to retain a portion of the credit risk.

 

In essence, the Dodd-Frank Act is a massive and complex piece of legislation that aimed to restructure and re-regulate the financial industry from top to bottom, with a strong emphasis on preventing systemic risk, protecting consumers, and holding financial institutions accountable.

# of employees needed for coverage:

15 or more employees.

Currently Enforced:

Yes

Bases:

Pregnancy/Childbirth

Issued covered:

Employment

Description:

The Pregnant Workers Fairness Act (PWFA) is a federal law that took effect on June 27, 2023, requiring covered employers to provide reasonable accommodations to qualified employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the employer's operations.

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Applies to private, state, and local government employers with 15 or more employees, as well as federal agencies.

 

The Equal Employment Opportunity Commission (EEOC) enforces the PWFA and began accepting charges for violations occurring on or after the law's effective date.

 

The PWFA specifically protects individuals with known limitations related to pregnancy, childbirth, or related medical conditions. This includes conditions such as morning sickness, gestational diabetes, and postpartum recovery.