One of the responsibilities of a company’s human resources department is to supervise the policies that govern not only employee behavior, but also the behavior of the company towards its employees. In order to achieve this, the department needs to ensure that they stay informed and up to date with employment laws. The following information identifies eight federal employment laws that are important to the operation of all businesses.

Job Discrimination

The basic focus of Title VII of the Civil Rights Act of 1964 is to prohibit discrimination. This Act specifies the following:

• In employment conditions, such as in hiring, firing, and pay, it is prohibited to discriminate based on:
• Race
• Religion
• Sex
• National origin
• In situations where employees or applicants have filed a complaint or have been part of an investigation or lawsuit, it is illegal to:
• Fire
• Demote
• Harass
• All employees and applicants should be treated equally, and harassment of any type in the workplace is not to be tolerated.

Wage Law

The Fair Labor Standards Act (FLSA) sets the federal minimum wage and overtime pay requirements.

• Minimum wage
• Base pay amount for wages
• Many states have established their own minimum wage levels
• Overtime pay
• Sets a required time-and-a-half overtime pay for hourly employees working more than 40 hours in one work week
• Teenagers
• Limits the work hours
• Limits the type of duties allowed

One of the responsibilities of the human resources department is to monitor any changes to an employee’s duties that could require them to be eligible or ineligible for payment modifications.

Family Leave

The Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are two of the federal laws that can affect an employee’s right to a leave of absence. Depending on the law, rights may include:

• Employees with at least one year of service may be eligible for:
• Up to 12 weeks per year of unpaid, job-protected time off during:
• Birth of a child
• Adoption of a child
• Serious health condition related to themselves, child, spouse, or parent

Age Discrimination

The Age Discrimination in Employment Act (ADEA) was established to protect people who are 40 years of age or older.

• It is unlawful to discriminate because of age in any employment condition, such as:
• Hiring
• Firing
• Pay
• Job assignments
• Promotions
• Compensation
• Benefits
• Training
• Layoff

Disability

The Americans with Disabilities Act (ADA) prohibits job discrimination against people who are disabled.

Military Leave

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees who:

• Report to military duty
• Volunteer for military duty

USERRA also supports reservists:

• When returning from active duty of less than 5 years, reservists have a right to return to the job they left, or to receive an equal job.

Safety

The Occupational Safety and Health Act (OSHA) requires companies to operate free from hazards that could put the safety of the employees at risk. The rules to follow are identified by the law and are required to be posted within the workplace.

Pregnancy

The Pregnancy Discrimination Act (PDA) prohibits denial of a job or of a promotion because of pregnancy. Certain work-related positions, such as ones that require heavy lifting, may require accommodations, but the same considerations should be shown to a pregnant employee as would be made for other employees.

A company needs to stay aware and up-to-date on the changing legal environment of employment laws. Keeping compliant with the regulations will help to manage legal liability and risk. The following websites offer information on the above described laws:
http://www.dol.gov/dol/topic/wages/
http://www.dol.gov/compliance/laws/comp-fmla.htm
http://www.eeoc.gov/
http://www.eeoc.gov/laws/types/age.cfm
http://www.eeoc.gov/laws/types/disability.cfm
http://www.eeoc.gov/laws/types/pregnancy.cfm
http://www.esgr.mil/USERRA/USERRA-for-Employers.aspx
https://www.osha.gov/