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Employment and Labor Law Regulations

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Equal Employment Opportunity Commission (EEOC)

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EEOC enforces federal laws that make it illegal to discriminate against a job applicant or an employee based on race, color, religion, sex, national origin, age, disability, or genetic information. Employers must promote a workplace free from discrimination.

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Fair Labor Standards Act (FLSA)

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FLSA establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting employees in the private sector and in federal, state, and local governments. Employers must adhere to minimum wage and overtime rules or face penalties.

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Consolidated Omnibus Budget Reconciliation Act (COBRA)

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COBRA provides workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time. Employers must offer this option under qualifying events.

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Dodd-Frank Wall Street Reform and Consumer Protection Act

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Dodd-Frank Wall Street Reform and Consumer Protection Act imposes a variety of regulations on financial institutions and creates whistleblower incentives and protections. Employees reporting securities violations can receive financial awards and are protected from retaliation.

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Family and Medical Leave Act (FMLA)

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FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons, while maintaining continuous health insurance coverage. Employers must grant leave to qualifying employees and cannot retaliate against employees for taking FMLA leave.

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Labor-Management Reporting and Disclosure Act (LMRDA)

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LMRDA, also known as the Landrum-Griffin Act, deals with the relationship between a labor union and its members. The Act provides for the regulation of internal union affairs and establishes democratic standards for union elections.

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Occupational Safety and Health Act (OSHA)

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OSHA ensures safe and healthful working conditions by setting and enforcing standards and by providing training, outreach, education, and assistance. It implies that employers are required to protect employees from workplace hazards.

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Executive Order 11246

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Executive Order 11246 prohibits federal contractors and federally-assisted construction contractors and subcontractors, who do over 10,000ingovernmentbusinessinoneyearfromdiscriminatinginemploymentdecisionsonthebasisofrace,color,religion,sex,ornationalorigin.Itrequiresaffirmativeactiontoensureequalityinemploymentopportunity.10,000 in government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. It requires affirmative action to ensure equality in employment opportunity.

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Health Insurance Portability and Accountability Act (HIPAA)

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HIPAA Privacy Rule protects personal health information and gives patients various rights with respect to that information. Employers offering health plans must ensure the confidentiality, integrity, and availability of protected health information.

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Pregnancy Discrimination Act (PDA)

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PDA prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Employers must treat pregnant employees who are temporarily unable to perform their jobs due to pregnancy the same as any other temporarily disabled employees.

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Wagner Act (National Labor Relations Act of 1935)

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The Wagner Act established the National Labor Relations Board and addressed relations between unions and employers in the private sector. It secures workers' rights to organize and to bargain collectively with their employers.

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Affordable Care Act (ACA)

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ACA, also known as Obamacare, includes provisions for health insurance coverage and employers. Employers with more than 50 full-time employees are required to offer health insurance or pay a tax penalty. The Act expands access to insurance, increases consumer protections, and emphasizes prevention and wellness.

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Immigration and Nationality Act (INA)

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INA includes provisions addressing employment eligibility, employment verification, and non-discrimination. Employers must verify the employment eligibility of their employees and may face sanctions for hiring unauthorized workers.

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Genetic Information Nondiscrimination Act (GINA)

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GINA prohibits discrimination in health coverage and employment based on genetic information. Employers cannot use an individual's genetic information when making hiring, firing, job placement, or promotion decisions.

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Uniformed Services Employment and Reemployment Rights Act (USERRA)

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USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. Employers must reemploy returning service members in the job that they would have attained had they not been absent for military service.

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Davis-Bacon Act

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The Davis-Bacon Act requires payment of prevailing wages on public works projects. It affects contractors and subcontractors performing federally funded or assisted contracts in excess of 2,000fortheconstruction,alteration,orrepairofpublicbuildingsorpublicworks.2,000 for the construction, alteration, or repair of public buildings or public works.

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Mine Safety and Health Act (MSHA)

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MSHA mandates the safety and health of miners; it includes inspections and penalties for violations. Employers in the mining industry must adhere to strict safety protocols and are subject to inspection and potential fines if they do not comply with regulations.

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Walsh-Healey Public Contracts Act

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It establishes labor standards for the employment of individuals directly on federal contracts, including minimum wage, overtime pay, and safety and health standards. Contractors must comply with these standards when engaged in manufacturing or providing supplies to the government.

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Title VII of the Civil Rights Act of 1964

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Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. It requires employers to provide equal employment opportunities and to address complaints of discrimination.

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Employee Retirement Income Security Act (ERISA)

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ERISA sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans. Employers must adhere to the fiduciary responsibilities and reporting requirements as outlined.

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Employee Polygraph Protection Act (EPPA)

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EPPA prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Employers are generally not allowed to request or require any employee or job applicant to take a lie detector test.

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Worker Adjustment and Retraining Notification Act (WARN)

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WARN Act requires most employers with 100 or more employees to provide 60 calendar-day advance notification of plant closings and mass layoffs of employees. It is intended to protect workers and their families by requiring employers to provide notice before certain workforce reductions.

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Employee Free Choice Act

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Employee Free Choice Act (proposed legislation, not enacted) would have amended the National Labor Relations Act to enable faster union certification and harder penalties for employers who violate labor laws. Though it is not a law, it has implications for the debate on labor relations.

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Age Discrimination in Employment Act (ADEA)

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ADEA protects individuals who are 40 years of age or older from employment discrimination based on age. It impacts employers by prohibiting age-based hiring, firing, promotion, and benefits decisions.

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Lilly Ledbetter Fair Pay Act

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The Lilly Ledbetter Fair Pay Act of 2009 amends the Civil Rights Act of 1964. It states that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action.

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Sarbanes-Oxley Act (SOX)

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SOX protects whistleblowers who report corporate fraud, and mandates strict reforms to improve financial disclosures from corporations. Employees of publicly traded companies are protected from retaliation for reporting fraud.

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Americans with Disabilities Act (ADA)

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ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. Employers must provide reasonable accommodations to qualified employees with disabilities.

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National Labor Relations Act (NLRA)

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NLRA protects the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers. It grants employees the right to form unions and prevents employers from interfering with union activities.

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