The A-Z Guide to Federal Employment Laws for the Small Business Owner

by Johnson, Shannon

• ISBN13: 9781601383082
• ISBN10: 1601383088
• Format: Paperback
• Copyright: 2010-12-30
• Publisher: Atlantic Pub Co

Summary

The number of small businesses in the United States is astounding. According to the most recent U.S Census data, there are more than 8.8 million businesses with less than 20 employees, with more than 21.3 million employees spread out among those businesses. The shear volume of individuals who do not work for a massive corporation is growing exponentially every year and the result is a lot of confusion on the part of small business owners who are struggling to understand the complicated federal employment laws that dictate how they must handle those employees. With this comprehensive A-Z guide to the federal employment laws that dictate the practices you must follow, you will learn every possible detail you will ever need to know to stay ahead of the government¿s requirements and run a successful business. There are more than 20 Federal acts that are designed to keep the workers of this country protected against various forms of discrimination, poor treatment, and negligence on the part of the employer. You will learn the intricate details of each of these federal acts and how they apply to you and your business. You will learn everything that applies to you in regards to age discrimination, disability discrimination, equal pay requirements, affirmative action, civil rights enactments, worker retraining, and dozens more acts such as OSHA, ERISA, EPPA, COBRA, SOX, PDA, and NLRA acts that enforce the standards of employment for millions of companies around the nation.

Table of Contents

Foreword	p. 11
Introduction	p. 13
Disclaimer	p. 15
Overview	p. 17
Conflicts of Federal and State Laws	p. 17
Sources of Law	p. 18
Application of Federal Law to Employers	p. 19
What is Covered in This Book?	p. 20
Age Discrimination in Employment Act of 1967 (ADEA)	p. 23
History and Purpose	p. 25
Protected Class of Employees	p. 25
Employers Subject to the ADEA	p. 26
Prohibited Discriminatory Employer Actions	p. 26
Bona fide Occupational Qualifications - BFOQ	p. 32
Enforcement Agency and Procedures	p. 33
Penalties for Violations	p. 34
Employer Compliance and Requirements	p. 35
Helpful Web Sites	p. 40
Older Workers Benefit Protection Act (OWBPA)	p. 41
History and Purpose	p. 42
Protected Class of Employees	p. 42
Employers Subject to the OWBPA	p. 42
Waiver Requirements	p. 43
Benefit Requirements	p. 45
Enforcement Agency and Procedures	p. 46
Penalties for Violations	p. 47
Helpful Web Sites	p. 48
The Americans with Disabilities Act of 1990 (ADA)	p. 49
History and Purpose	p. 51
Protected Class of Employees	p. 52
Employers Subject to the ADA	p. 55
Prohibited Discriminatory Employer Actions	p. 56
Reasonable Accommodation Requirements	p. 57
Qualification, Test, and Medical Standards	p. 58
Entities Specifically Excluded	p. 61
Enforcement Agency and Procedures	p. 64
Penalties for Violations	p. 65
Employer Compliance and Requirements	p. 66
Helpful Web Sites	p. 68
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)	p. 69
History and Purpose	p. 71
Protected Class of Employees	p. 72
Types of Businesses the Act Covers	p. 75
Employer Compliance and Requirements	p. 76
COBRA Qualifying Event Coverage Notice	p. 78
COBRA Election Procedures	p. 82
Enforcement Agency and Procedures	p. 87
Penalties for Violations	p. 87
Helpful Web Sites	p. 89
Employee Polygraph Protection Act 1988 (EPPA)	p. 91
History and Purpose	p. 92
Protected Class of Employees	p. 92
Types of Employers Covered by the EPPA	p. 92
Prohibited Discriminatory Employer Actions	p. 93
Enforcement Agency and Procedures	p. 101
Penalties for Violations	p. 101
Employer Compliance and Requirements	p. 102
Helpful Web Sites	p. 104
Equal Pay Act of 1963	p. 105
History and Purpose	p. 107
Protected Class of Employees	p. 107
Types of Employers Covered by the EPA	p. 108
Prohibited Discriminatory Employer Actions	p. 108
Enforcement Agency and Procedures	p. 111
Penalties for Violations	p. 112
Employer Compliance and Requirements	p. 112
Helpful Web Sites	p. 114
The Fair Credit Reporting Act (FCRA)	p. 115
History and Purpose	p. 117
Protected Class of Employees	p. 117
Employers Subject to the FCRA	p. 118
Employer Obligations	p. 118
Enforcement Agency and Procedures	p. 120
Penalties for Violations	p. 121
Helpful Web Sites	p. 122
The Fair Labor Standards Act	p. 123
History and Purpose	p. 124
Employers Subject to the FLSA	p. 124
Employer Compliance and Requirements	p. 126
Exceptions to Minimum Wage Requirements	p. 128
Employer Obligations	p. 134
Enforcement Agency and Procedures	p. 135
Penalties for Violations	p. 136
Helpful Web Sites	p. 137
The Family Medical Leave Act	p. 139
History and Purpose	p. 140
Protected Class of Employees	p. 141
Employers Subject to the FMLA	p. 142
Employer Compliance and Requirements	p. 142
Employer Obligations	p. 146
Employee Requirements	p. 146
Prohibited Discriminatory Employer Actions	p. 151
Enforcement Agency and Procedures	p. 151
Penalties for Violations	p. 152
Helpful Web Sites	p. 154
The Genetic Information Nondiscrimination Act	p. 155
History and Purpose	p. 155
Helpful Web Sites	p. 156
The Immigration Reform and Control Act of 1986 (IRCA)	p. 157
History and Purpose	p. 159
Employer Compliance and Requirements	p. 160
Prohibited Discriminatory Employer Actions	p. 161
Enforcement Agency and Procedures	p. 162
Penalties for Violations	p. 163
Helpful Web Sites	p. 164
The National Labor Relations Act	p. 165
History and Purpose	p. 166
Protected Class of Employees	p. 167
Employers Subject to the NLRA	p. 167
Employee Rights and Responsibilities	p. 168
Collective Bargaining and Representation Rights of Employees	p. 171
Prohibited Discriminatory Employer Actions	p. 175
Enforcement Agency and Procedures	p. 179
Penalties for Violations	p. 182
Helpful Web Sites	p. 184
The Occupational Safety and Health Act	p. 185
History and Purpose	p. 186
Employer Compliance and Requirements	p. 187
Employee Rights and Responsibilities	p. 190
Enforcement Agency and Procedures	p. 191
Penalties for Violations	p. 192
Helpful Web Sites	p. 194
Personal Responsibility and Work Opportunity Reconciliation Act	p. 197
History and Purpose	p. 197
Employers Subject to the PRWORA	p. 198
Protected Glass of Employees	p. 198
Employer Compliance and Requirements	p. 198
Penalties for Violations	p. 199
Helpful Web Sites	p. 201
The Pregnancy Discrimination Act (PDA)	p. 203
History and Purpose	p. 203
Protected Class of Employees	p. 203
Employers Subject to the PDA	p. 203
Prohibited Discriminatory Employer Actions	p. 204
Helpful Web Sites	p. 207
Title VII of the Civil Rights Act of 1964	p. 207
History and Purpose	p. 207
Protected Class of Employees	p. 208
Employers Subject to Title VII	p. 208
Employers and Title VII- What You Need to Know	p. 209
Prohibited Discriminatory Employer Actions	p. 210
Employer Liability	p. 211
Employer Compliance and Requirements	p. 212
Enforcement Agency and Procedures	p. 213
Penalties for Violations	p. 216
Helpful Web Sites	p. 218
Uniformed Services Employment and Reemployment Rights Act	p. 219
History and Purpose	p. 220
Employers Subject to the USERRA	p. 221
Protected Class of Employees	p. 221
Prohibited Discriminatory Employer Actions	p. 222
Employer Compliance and Requirements	p. 222
Employee Rights and Responsibilities	p. 224
Enforcement Agency and Procedures	p. 226
Penalties for Violations	p. 227
Helpful Web Sites	p. 229
Worker Adjustment and Retraining Notification Act	p. 231
History and Purpose	p. 231
Protected Class of Employees	p. 232
Employers Subject to the WARN	p. 233
Employer Compliance and Requirements	p. 233
Requirements of Notice	p. 235
Exceptions from 60-Day Notice	p. 237
Enforcement Agency and Procedures	p. 237
Penalties for Violations	p. 238
Helpful Web Sites	p. 238
Conclusion	p. 239
Federal Agencies and Contact Information	p. 241
State Statutes Tables	p. 245
Bibliography	p. 323
Author Biography	p. 329
Index	p. 331
Table of Contents provided by Ingram. All Rights Reserved.