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Labor and Employment Law: Topics

Disability

Disability laws protect disabled individuals from certain kinds of discrimination, particularly regarding employment, housing, education, and access to public services. Today, disability law is largely regulated by the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12102.

42 U.S.C.A. § 12112(b)(5)(A) requires that individuals with disabilities be granted reasonable accommodations in order to perform the essential functions of their jobs and have equal opportunities in employment.

Health Plans and Benefits

Employee welfare benefit plans are established by an employer, a group of associated businesses, or by an employee organization (such as a union), that provide medical care and other benefits for participating employees. Most private sector health plans are covered by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. sec. 1001.

Leave Benefits

The Family and Medical Leave Act of 1993 (FMLA or Act), 29 U.S.C.A. §§ 2601 et seq., was enacted to allow employees to take reasonable unpaid leave for a maximum of 12 weeks (26 weeks for covered servicemembers) for medical reasons, birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition. 29 C.F.R. § 825.101. All private employers with 50 or more employees are considered “covered employers” for purposes of the FMLA.

International Labor Issues

Dep't of Labor, Bureau of International Labor Affairs:
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child labor, trafficking, trade negotiation and enforcement, labor policy and diplomacy.

Int'l Org. of Employers, International Labor Standards

Univ. of Iowa Labor Ctr., International Workers' Rights

Workplace Safety and Health

Labor Relations

50 STATE STATUTORY SURVEYS: Employment - Labor and Arbitration - Collective Bargaining (Westlaw 2018)

50 STATE STATUTORY SURVEYS: Employment - Employee Protections - Right to Work Laws (Westlaw 2016)

Federal Service Labor-Management Relations Act, 5 U.S.C. §§ 7101-7135.

Federal Labor Relations Authority (FLRA) -  administers labor-management relations program for non-Postal federal employees.

National Labor Relations Board (NLRB) - independent federal agency with powers to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representatives. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions.

Westlaw Forms: Collective Bargaining Agreements.

Mandatory Arbitration of Employment Disputes

Workers' Compensation

Whistleblower Protection

The Whistleblower Protection Act of 1989, 5 U.S.C. 2302(b)(8)-(9), protects federal employees who report possible violations of federal law or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health and safety.

President Obama issued Presidential Policy Directive 19 (PPD-19), titled "Protecting Whistleblowers with Access to Classified Information," on October 10, 2012. It provides that employees in the Intelligence Community or who have access to classified information can report violations while protecting classified national security information, and prohibits retaliation.

Other federal statutes govern protection for whistleblowers under specific laws, such as securities laws. State laws provide protections for whistleblowers against private actors.

Whistleblower Law: A Practitioner's Guide (2019) (Lexis)

Practical Law: Whistleblower Protections Under the Whistleblower Protection Act (Practice Note).