Federal Employment Laws by Employer Size - Sullivan Benefits
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Provided by Sullivan Benefits
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
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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.
© 2017 Zywave, Inc. All rights reserved. EM 3/17
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
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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.
© 2017 Zywave, Inc. All rights reserved. EM 3/17EEOC 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.
© 2017 Zywave, Inc. All rights reserved. EM 3/17Responsibility 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.
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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.
© 2017 Zywave, Inc. All rights reserved. EM 3/17You can also read
