Federal Employment Laws by Employer Size

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Federal Employment Laws by Employer Size EMPLOYERS OF ALL SIZES An employer’s size, or number of employees, is a key factor in determining which federal labor laws the employer must comply with. • Equal Pay Act Some federal labor laws, such as the Equal Pay Act, apply to all • Fair Labor Standards Act employers, regardless of size. However, other laws, such as the Family and Medical Leave Act, only apply to employers that reach a certain • Occupational Safety and Health Act employee count. • Immigration Reform and Control Employers should be aware of the federal labor laws that may apply to Act their company based on their size. This is especially important for • Employee Retirement Income employers that have fluctuating workforce numbers or that are Security Act considering hiring additional employees. In general, the more employees that an employer has, the more compliance obligations it will EMPLOYERS WITH 50+ EMPLOYEES have under federal labor laws. • Family and Medical Leave Act This Compliance Overview provides a guide of key federal labor laws • Affordable Care Act – employer that apply based on employer size. Most states also have their own shared responsibility rules labor and employment laws. This summary does not address state labor laws, and it also does not address additional compliance requirements • Fair employment laws, such as the for companies that contract with the federal government or businesses Americans with Disabilities Act and the Title VII of the Civil Rights Act in specific industries. • Consolidated Omnibus Budget LINKS AND RESOURCES Reconciliation Act • DOL’s “FirstStep Employment Law Advisor” helps companies determine which labor laws apply to their business • DOL’s webpage that includes links to each state’s labor office • EEOC’s compliance resources for employers and small businesses

This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

EMPLOYERS OF ALL SIZES

Poster/Notice Law Brief Description Resources Requirement

Employers are prohibited from hiring and retaining employees who are not authorized Immigration to work in the United States. Employers and Handbook for Employers, Reform and employees must complete the Form I-9 N/A Guidance for Completing Control Act (“Employment Eligibility Verification Form”). Form I-9 (IRCA) Employers must retain a Form I-9 for each person hired and make it available for inspection by authorized government officers.

Facts about Equal Pay and Compensation Employers must provide equal compensation Equal Pay Act “EEO is the Law” Discrimination – a to men and women who perform equal work (EPA) poster publication by the Equal within the same workplace. Employment Opportunity Commission (EEOC)

Employee Prohibits employers from using lie detector Employment Law Guide: Polygraph tests, either for pre-employment screening or Lie Detector Tests – a EPPA poster Protection Act during the course of employment, with guide by the DOL’s Wage (EPPA) certain exceptions. and Hour Division (WHD)

Handy Reference Guide Fair Labor Establishes minimum wage, overtime, FLSA Minimum Wage to the Fair Labor Standards Act recordkeeping and child labor standards for poster Standards Act – a guide (FLSA) employers. by the DOL’s WHD

Requires employers to provide a safe Occupational workplace for their employees. The law Safety and created the Occupational Health and Safety Job Safety and Health At-a-glance OSHA – a Health Act (OSH Administration (OSHA), a federal agency that Protection poster short guide from OSHA Act) sets and enforces protective workplace safety and health standards.

Employee Sets minimum standards for employee benefit DOL’s Employee Benefits Retirement plans, including retirement plans, such as Security Administration’s N/A Income Security 401(k) plans, and welfare benefit plans, such (EBSA) webpage on Act (ERISA) as group health plans. ERISA compliance

2 This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

Uniformed Services Prohibits employers from discriminating USERRA Guide – a guide Employment against individuals on the basis of from the Veteran’s and membership in the uniformed services with USERRA poster Employment Training Reemployment regard to any aspect of employment. Service (VETS) Rights Act (USERRA)

Protects employees from discharge because Employment Law Guide: Consumer their wages have been garnished for any one Wages and Hours Credit debt and limits the amount of an employee’s N/A Worked: Wage Protection Act earnings that may be garnished in any one Garnishment – a guide by (CCPA) week. the DOL’s WHD

Prohibits employers from discharging or taking other adverse employment action Jury Systems 28 U.S. Code Section against employees who are summoned to jury Improvement N/A 1875 (Protection of duty in federal court. Most states also have Act jurors’ employment) their own employment laws regarding jury duty.

EMPLOYERS WITH 15 OR MORE EMPLOYEES

Poster/Notice Law Brief Description Resources Requirement

Prohibits employers from discriminating against qualified individuals with disabilities Facts about the Americans with in all employment practices, such as “EEO is the Law” Americans with Disabilities Act recruitment, compensation, hiring and firing, poster Disabilities Act – an (ADA) job assignments, training, leave and EEOC publication benefits.

Genetic Facts about the Genetic Prohibits employers from discriminating Information “EEO is the Law” Information against employees or applicants based on Nondiscrimination poster Nondiscrimination Act – their genetic information. Act (GINA) an EEOC publication

Pregnancy Prohibits workplace discrimination based on Facts about Pregnancy “EEO is the Law” Discrimination Act pregnancy, childbirth or related medical Discrimination – an EEOC poster (PDA) conditions. publication

3 This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

EEOC webpage with links Prohibits employers from discriminating in to compliance resources Title VII of the “EEO is the Law” the workplace based on race, color, religion, based on type of Civil Rights Act poster sex or national origin. discrimination (for example, national origin)

EMPLOYERS WITH 20 OR MORE EMPLOYEES

Poster/Notice Law Brief Description Resources Requirement

Age Prohibits employers from discriminating Facts about Age Discrimination in “EEO is the Law” against employees or applicants who are age Discrimination – an EEOC Employment Act poster 40 or older based on their age. publication (ADEA)

General Notice of COBRA Rights (must be Requires employer-sponsored group health provided within first An Employer’s Guide to Consolidated plans to offer continuation coverage to 90 days of group Group Health Omnibus Budget eligible employees and their dependents health plan coverage). Continuation Coverage – Reconciliation Act when coverage would otherwise be lost due Other notice A resource from the (COBRA) to certain events (for example, a termination requirements apply DOL’s EBSA of employment). when a qualifying event occurs.

EMPLOYERS WITH 50 OR MORE EMPLOYEES

Poster/Notice Law Brief Description Resources Requirement

Family and Requires employers to provide eligible The Employer’s Guide to Medical Leave Act employees with unpaid, job-protected leave FMLA Poster the FMLA – a publication (FMLA) for specified family and medical reasons. of the DOL’s WHD

Affordable Care Applicable large employers (ALEs) must offer Internal Revenue Act (ACA) – affordable, minimum value health coverage N/A Service’s (IRS) Questions Employer Shared to their full-time employees (and and Answers on the

4 This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

Responsibility dependents) or risk paying a penalty. An ALE employer shared Rules will face a penalty if one or more full-time responsibility rules employees obtain a subsidy through an Exchange. An individual may be eligible for a subsidy either because the ALE does not offer coverage, or offers coverage that is “unaffordable” or does not provide “minimum value.”

EMPLOYERS WITH 100 OR MORE EMPLOYEES

Poster/Notice Law Brief Description Resources Requirement

Must provide 60-day advance notice of Worker covered plant closing Employers are required to provide a 60-day Adjustment and and mass layoffs. No advance notice to employees of imminent Employer’s Guide to the Retraining model notice is covered plant closings and covered mass WARN Act Notification available, although layoffs. (WARN) Act there are specific content requirements for this notice.

The Employer Information Report EEO-1 (commonly known as the EEO-1 Report) requires employers to submit employment EEOC’s webpage on EEO- EEO-1 Report EEO-1 Report data categorized by race/ethnicity, gender, 1 reporting job category, and wages and hours to the EEOC.

5 This Compliance Overview is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.