Archive for 'Federal HR Laws' Category
Bankruptcy Act (1978)
10 July 2006Bankruptcy Act (1978)
(as amended by the Bankruptcy Act Amendments of 1984),
11 U.S.C. §525
Coverage and Prohibition: Employees of the federal government and of private employers are protected from termination or discipline for filing bankruptcy, for failing to pay a debt that terminated in bankruptcy, for becoming insolvent before or during bankruptcy but before their debts are […]
Protection of Jurors’ Employment (1978)
10 July 2006Protection of Jurors’ Employment (1978), 28 U.S.C. §§1363, 1875
Coverage and Prohibition: These statutes prohibit all employers from disciplining any permanent employee for the employee’s participation in jury service.
Enforcement: Upon application by an aggrieved employee, the court will appoint counsel to resolve the claim through a private suit.
Remedies: The employer may be enjoined from violating the […]
Consolidated Omnibus Budget Reconciliation Act (1985)
10 July 2006Consolidated Omnibus Budget Reconciliation Act (1985),
29 U.S.C. §§1161-1168
Coverage and Prohibition: Passed as an amendment to the Employee Retirement Income Security Act (“ERISA”), the Internal Revenue Code (“IRC”), and the Public Health Service Act (“PHSA”), the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) requires employers with 20 or more employees that provide group health plans […]
Immigration Reform and Control Act of 1986
10 July 2006
(as amended by the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996),
8 U.S.C. §§1324a et seq.
Coverage and Prohibition: The Act as amended prohibits all employers (regardless of size) from hiring individuals who are not legally eligible to work in the Unites States. Accordingly, all employers, including state and local government employers, must verify […]
Drug-Free Workplace Act (1988)
10 July 2006Drug-Free Workplace Act (1988), 41 U.S.C. §§701 et seq.
Coverage and Required Conduct: The Act requires all employers that are federal grant recipients, and those with federal contracts of $100,000 or more, to agree to provide a drug-free workplace. Covered employers must issue a statement prohibiting the illegal manufacture, distribution, dispensation, possession, or use of any […]
Employee Polygraph Protection Act (1988)
10 July 2006Employee Polygraph Protection Act (1988), 29 U.S.C. §§2001-2009
Coverage and Prohibition: All private employers engaged in or affecting commerce are prohibited from: (1) requiring or requesting any employee or prospective employee to submit to any kind of lie detector test (except in the limited circumstances described below); (2) using, accepting, referring to, or inquiring about the […]
Worker Adjustment and Retraining Notification Act (1988)
10 July 2006,
29 U.S.C. §§2101-2109
Coverage and Prohibition: The Worker Adjustment and Retraining Notification Act (“WARN”) requires that employers with 100 or more employees nationwide must provide workers with 60 days advance notice of a plant closing causing an employment loss for 50 or more employees within any 30-day period. The employer also must provide 60 days notice […]
Americans with Disabilities Act (1990)
10 July 2006Americans with Disabilities Act (1990), 42 U.S.C. §§12101 et seq.
Coverage and Prohibition: Title I of the Americans with Disabilities Act (“ADA”) prohibits employment discrimination against qualified disabled individuals and requires covered employers to provide reasonable accommodation to those individuals unless that accommodation would impose an “undue hardship.” The ADA defines a “qualified individual with a […]
Older Workers Benefit Protection Act (1990)
10 July 2006Older Workers Benefit Protection Act (1990), 29 U.S.C. §§621 et seq.
Coverage and Prohibition: The Older Workers Benefit Protection Act (the “Act”) amends the Age Discrimination in Employment Act (“ADEA”) (see above) in several important areas. As its main focus, the Act reversed the United States Supreme Court’s ruling in Public Employees Retirement System of Ohio […]
Civil Rights Act of 1991
10 July 2006Civil Rights Act of 1991, 29 U.S.C. §§621 et seq.,
42 U.S.C. §§1981, 1989, 2000e et seq., and 12101 et seq.
Coverage and Prohibition: The Civil Rights Act of 1991 was originally described by its sponsors as legislation to overrule certain Supreme Court decisions dealing primarily with the scope of Section 1981 of the Civil Rights Act […]