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Federal Employment Laws by Employer Size
A chart from Practical Law provides information on the applicability of federal labor and employment laws (including laws not discussed in this guide, such as Title VII of the ADEA, the Americans With Disabilities Act, and the Family and Medical Leave Act) by sizes of businesses, from employers with one employee to employers with more than one hundred employees.
Wages and Fair Labor Standards
The Fair Labor Standards Act (FLSA), 29 U.S.C.A. § 201, establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
Federal Civil Rights Statutes
Civil Rights Act of 1866, Section 1981
42 U.S.C. § 1981. The Equal Rights Act guarantees to all people the full and equal benefit of all laws and proceedings for the security of persons and property.
Title VII, Civil Rights Act of 1964 (Title VII)
42 U.S.C. §§ 2000e-2000e-17. Title VII generally covers employers with at least 15 employees, prohibiting discrimination in employment on the basis of race, color, national origin, religion, and sex (including gender and pregnancy).
Equal Pay Act
29 U.S.C. § 206(d). The Equal Pay Act prohibits wage discrimination based on sex.
Americans With Disabilities Act (ADA)
42 U.S.C. §§ 12101-12213. The ADA covers employers with at least 15 employees, prohibiting employment discrimination against qualified persons having a disability. It requires reasonable accommodations for individuals with disabilities.
Age Discrimination in Employment Act (ADEA)
29 U.S.C. §§ 621-634. The ADEA covers employers with at least 20 employees, and prohibits discrimination in employment of individuals age 40 or older, unless the employer shows a position requires a bona fide occupational qualification.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
38 U.S.C. §§ 4301-4335. USERRA governs the rights of employees returning to work after serving in the armed forces, and prohibits discrimination based on military service.
Sources and Analysis of Federal Labor Laws
Federal Health & Safety Statutes
Occupational Safety and Health Act (OSHA)
The Occupational Safety and Health Act regulates health and safety in workplaces, requiring employers to record work-related injuries or iillnesses and ensuring that work environments are free of health hazards.
Family and Medical Leave Act (FMLA)
29 U.S.C. secs. 2601-2654. The FMLA covers employers having at least fifty employees. It requires the employer to provide up to twelve weeks unpaid projected leave within a twelve-month period for qualifying reasons, such as birth and care of an employee's child, adoption, a serious health condition of an immediate family member, or the employee's own serious health condition.
Employee Retirement Income Security Act (ERISA)
29 USCA § 1001. ERISA requires fiduciaries of employee benefit plans to disclose and report financial and other relevant information to plan participants and their beneficiaries, and establishes fiduciary standards of conduct,
Federal Labor Relations Statutes
Fair Labor Standards Act (FLSA)
29 U.S.C. §§ 202-329. FLSA sets wage and hour standards for most public and private employers, and mandates a minimum wage, overtime pay, rules for tipped employees, employer records, and equal pay.
National Labor Relations Act (NLRA)
29 U.S.C. §§ 151-169. The NLRA covers employers, regardless of the number of their employees, setting forth the rights of employees and employers, prohibiting labor and management practices found harmful to public welfare, and encouraging collecting bargaining. It excludes agricultural laborers, domestic servants, independent contractors, and certain other employees.
Davis-Bacon Act and Related Acts
40 U.S.C. § 3141; 29 CFR Parts 1, 3, 5, 6 and 7). The Davis-Bacon and Related Acts (DBRA) require that contractors and subcontractors performing on covered (public) contracts pay laborers and mechanics employed on the project jobsite not less than the prevailing wage rates (including fringe benefits) listed in the contract’s Davis-Bacon wage determination for corresponding classes of laborers and mechanics.