Featured Publications

By D. Jan Duffy, J.D.


Law	Source	Nature	Enforcement	Key Terms
Labor Management Relations Act and Related Statutes	Federal; no comparable state or local	Regulates collective activity injunctions in labor disputes, union matters	National Labor Relations Board (NLRB), United States Courts of Appeal	Unfair labor practices; collective bargaining; arbitration
Occupational Safety and Health Administration (OSHA)	Federal; state equivalents in most cases	Regulates workplace safety	Wage and Hour Division, Department of Labor; and state agencies	Minimum wage; overtime pay; exempt vs. non-exempt status
Fair Labor Standards Act	Federal; state equivalents in most cases	Regulates wages, hours, and working conditions	Wage and Hour Division, Department of Labor; and state agencies	Minimum wage; overtime pay; exempt vs. non-exempt status
Employee Retirement Income Security Act (ERISA)	Federal only	Regulates voluntary pension and benefit plans	Department of Labor (DOL), Internal Revenue Service (IRS), federal courts	Vesting; plan administrators; fiduciary duty
Workers’ Compensation Laws	States only	Provide quick, certain payments for work-related injuries	State workers' compensation and disability agencies	Course and scope of employment; employer's contribution rates; compensable injury
Immigration Reform and Control Act of 1986	Federal only	Regulates immigration through employer reporting and responsibility; prohibits discrimination against U.S. citizens and legal aliens	Immigration and Naturalization Service (INS)	I9's; green cards
Family and Medical Leave Act of 1991	Federal, and some states	Provides for minimum of twelve weeks unpaid leave for family or medical matters, including pregnancy	Courts	Pregnancy leave; definition of "family"
Title VII of the Civil Rights Act of 1964	Federal, and most states	Prohibits employment decisions that are because of one's protected status (i.e. race, color, religion, sex, or national origin)	Equal Employment Opportunity Commission (EEOC); state agencies	Discrimination and harassment
Age Discrimination in Employment Act (ADEA)	Federal, and some states	Makes it illegal to discriminate against an individual on the basis of her or his age, which is defined as being older than forty	Equal Employment Opportunity Commission (EEOC); state agencies	Decision-maker vs. stray remarks; protected class

Featured Publications

Key United States Employment Laws