Wages And Benefits

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[1911] Workers' Compensation

Back 1

state laws providing protection in job-related injury or illness

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[1931] Davis-Bacon Act

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Requires prevailing wages and benefits (determined by DOL) on federal government contracts for public works construction in excess of $2,000.

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[1934] Copeland Anti-Kickback Act

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Prohibits contractors from inducing anyone in the construction or repair of public works to give up any portion of the compensation to which they are otherwise entitled.

Front 4

[1935] Social Security Act

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Provides income and health care to retired employees and income to survivors of employees who have died; covers virtually all employers.

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[1936] Walsh-Healey Act (Public Contracts Act)

Back 5

Guarantees prevailing wages to employees of government contractors with contracts of $10,000 or more.

Front 6

[1938] Fair Labor Standards Act (FLSA)

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Establishes a minimum wage; established exempt v. non-exempt ($455/week, or $27.63/hr for computers); overtime pay beyond 40 hours, comp time only in public sector, controls working hours for children; establishes record-keeping provisions.

Front 7

[1947] Portal-to-Portal Act

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Amends the FLSA; defines hours worked and describes general rules for time worked.

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[1963] Equal Pay Act (amendment to FLSA)

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Prohibits unequal pay for males and females with equal skill, effort, and responsibility under similar working conditions; no employers are exempt.

Front 9

[1965] Service Contract Act

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Extends prevailing wage rates and benefit requirements to employers providing services under federal government contracts in excess of $2,500.

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[1965] McNamara-O'Hara Service Contract Act

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Federal contractors providing services > $25,000 must pay prevailing wage and benefits

Front 11

[1968] Consumer Credit Protection Act

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Limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors.

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[1970] Fair Credit Reporting Act/ FCRA

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must notify in writing if a report may be used; must also get the person's written authorization before asking a credit bureau for a report; protects the privacy of background information and ensures that the information is accurate.

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[1970] Occupational Safety and Health Act (OSHA)

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Established the first national policy for safety and health; delivers standards that employers must meet to guarantee the health and safety of their employees.

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[1974] Employee Retirement Income Security Act (ERISA)

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employee benefit plans are established and maintained in a fair and financially sound manner; protects employees covered by a pension plan from losses in benefits due to job changes, plant closings, bankruptcies, or mismanagement via mandatory PBGC insurance ; defines vesting, covers most interstate employers.

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[1974] Privacy Act

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Requires that a Federal govt must obtain a government employee's signed release before giving information about that individual to someone else.

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[1978] Revenue Act

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Adds two important sections to the Tax Code relevant to employee benefits: Sections 125 (pay some benefits pre-tax) and 401(k).

Front 17

[1984] Retirement Equity Act

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Provides certain legal protections for spousal beneficiaries of qualified retirement programs.

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[1985] Consolidated Omnibus Budget Reconciliation Act (COBRA)

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Most employers provide continued group health insurance coverage to terminated or separated employees and family members at group rates (plus administrative costs), paid by employees. 18 mo. Term/reduc, 29 disability, 36 mo. Death, divorce, loss of dependent status.

Front 19

[1988] Drug-Free Workplace Act

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Requires federal contractors with contracts of $100,000 or more to follow requirements to certify that they are maintaining a drugfree workplace.

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[1988] Employee Polygraph Protection Act/ EPPA

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Unlawful for employers to use lie detectors in employment decisions except for govt, security, controlled subs.

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[1988] Worker Adjustment and Retraining Notification Act (WARN)

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Requires employers of ≥ 100 to give at least 60 days notice of plant or office closings or mass layoffs of >50 emp if 33% or >500.

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[1993] Family and Medical Leave Act (FMLA)

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Allows employees to take 12 weeks per year of unpaid leave for birth or adoption of a child or serious health condition of themselves or an immediate family member if have 12 month total service and at least 1250 hours in year before. Must give 30-day prior notice if possible, min. tell emp after 2 days.

Front 23

[1994] Uniformed Services Employment and Reemployment Rights Act (USERRA)

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Employers must reemply vets, continue benefits (including COBRA) and counting active duty time in the military for seniority, pay raise & retirement plan purposes

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[1995] Congressional Accountability Act

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All federal employee relations legislation enacted by Congress applies to the employees of Congress as well.

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[1996] Health Insurance Portability and Accountability Act (HIPAA)

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Ensures that individuals who leave or lose their jobs can obtain health coverage even if they or someone in their families has a serious illness or injury or is pregnant.

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[1996] Mental Health Parity Act

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Requires health insurance issuers and group health plans to adopt the same annual and lifetime dollar limits for mental health benefits as for other medical benefits.

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[2002] Sarbanes-Oxley Act (SOX)

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Requires administrators of defined contribution plans to provide notice of covered blackout periods; provides whistle-blower protection for employees.

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[2003] Fair and Accurate Credit Transactions Act (FACTA)

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consent and disclosure requirements need not be followed if investigation involves suspected misconduct, a violation of the law or regulations, or a violation of employer policies; emp can't maintain credit reports

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OSHA Citations

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Willful- $5,000-$70,000; wi/ death of an employee could also result in criminal prosecution resulting in fines of up to $10,000 and imprisonment up to six months. Fines and imprisonment terms are doubled for repeat offenders.
Serious- Up to $7,000.
Repeat- up to $70,000.
Failure To Abate- Up to $7,000 per day
Other- $7,000.