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"Impossible only means that you haven't found the solution yet." ~Anonymous

State laws sometimes include additional or different requirements. When state and federal laws conflict, the employer should comply with the law that is most beneficial to the employee.

How do you know if you need us?

Federal Employment Laws by Employment Size:

Consumer Credit Protection Act - Wages
Establishes a limit on the maximum wages that can be deducted from an employee check to satisfy a garnishment.

Employee Polygraph Protection Act - Hiring
Prohibits employers from requiring pre-employment polygraph (lie detector) tests

ERISA (Employee Retirement Income Security Act) - Benefits
Establishes rules and standards for administering employee benefit / welfare plans

Equal Pay Act - Wages
Prohibits wage discrimination. Requires equal pay for equal work.

FLSA (Fair Labor Standards Act) - Wages
Defines employment status as exempt from overtime, or non-exempt, addresses the differences between employees and independent contractors, as well as rules for minimum wage and overtime payments.

FICA (Federal Insurance Contributions Act) - Wages
A federal payroll tax that provides benefits to retirees, the disabled, and the children of deceased workers. Both employees and employers contribute to FICA, which funds Social Security and Medicare

IRCA (Immigration Reform and Control Act) - Hiring
Requires employers to require new employees to complete and I-9 form, and provide specific documents that verify their identify and eligibility to work in the United States.

NLRA(National Labor Relations Act) - Employee Relations
Protects employees by prohibiting unfair labor practices. Addresses rights to employee representation and unionization issues.

Taft-Hartley Act - Employee Relations
Protects management rights by prohibiting certain unfair labor practices by unions.

Uniform Guidelines of Employee Selection - Hiring
Mandates that pre-employment policies and practices, including pre-employment testing, be job-related. Practices cannot have an adverse impact (negative impact, whether intentional or not) based on factors such as race, gender, or ethnicity.

USERRA (Uniformed Services Employment and Re-Employment Rights Act - Discrimination
Prohibits discrimination based on current, past or pending military service. Requires reemployment upon return from duty.

All of the above, plus:

OSHA (Occupational Safety and Health Act) - Safety
Establishes federal health

All of the above, plus:

ADA (American with Disabilities Act) - Discrimination
Prohibits discrimination based on disability, history of disability, or a perceived disability. Requires and employee to provide reasonable accommodation by the employee, provided the accommodation does not provide an undue hardship.

Pregnancy Discrimination Act - Discrimination
Protects pregnant employees from being forced to resign or take a leave of absence.

Title VII of the Civil Rights Act - Discrimination
Prohibits the discrimination in all terms and conditions of employment (including pay and benefits) on the basis of race, religion, ethnic group, sex, national origin, or disability.

All of the above plus:

ADEA (Age Discrimination in Employment Act) - Discrimination
- Prohibits discrimination against persons 40 years or older. Also prohibits mandatory retirement policies in most occupations.

COBRA (Consolidated Omnibus Budget Reconciliation Act) - Benefits
Requires employers to allow former employees and their dependents to extend health insurance coverage at group rates for 18 -36 months. COBRA has been amended to be subsidized by the federal government for up to 9 months in certain circumstances.

All of the above plus:

FMLA (Family and Medical Leave Act) - Leaves of Absence
Requires employers to provide qualifying employees (having worked 12 months or 1,250 hours in the previous year) with up to 12 weeks leave during any 12 month period for the employee’s serious health condition, the serious health condition of a spouse, child or parent, and for the birth or adoption of a child. The FMLA regulations were expanded to cover leave required to care for an injured family member serving in the military or with a “qualifying exigency”Copeland Act Federal Contractors Precludes federal contractors from inducing an employee to give up any part of compensation they are entitled (anti-kickback).

Davis Bacon Act Federal - Contractors
Requires federal contractors to pay minimum wage rates

Drug-Free Workplace Act - Federal Contractors
Requires federal contractors to have written drug-use policies and follow certain procedures to certify they maintain a drug-free workplace.

EEO-1 Report - Federal Contractors
Requires employers to provide a listing of number of employees in defined EEO job categories by race and gender.

Executive Orders 11246, 11375, 11478 - Federal Contractors
Prohibits discrimination on the basis of race, color, religion, sex, or national origin and requires an Affirmative Action Plan to establish goals and plans to address underrepresented groups.

Vietnam Veterans Adjustment Act - Federal Contractors
Requires federal contractors to take affirmative action to hire and promote Vietnam-era veterans. Requires posting of job opportunities with local employment services.

Vocational Rehabilitation Act - Federal Contractors
Prohibits discrimination and requires affirmative action to employ and advance people with physical or mental disabilities

All of the above plus:

EEO-1 Report - Reporting
Requires employers to provide a listing of number of employees in defined EEO job categories by race and gender (do not have to be a federal contractor)

WARN Workers Adjustment and Retraining Notice - Employment
Requires employers to provide notice of a plant closing or significant layoff

If you cannot check off EVERY area of compliance for your business, call us today for a compliance review at NO COST and evaluate what you are missing.

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