Side Bar - A Checklist of Other Federal Laws Regulating Employment

Besides those laws listed in the accompanying questions and answers, other federal laws affect employment. Here is an introductory checklist of these laws; we'll discuss them in more detail later in this chapter.

Unions   The Railway Labor Act regulates union activity in the workplace and prohibits employment discrimination based on union activity. It only covers airlines and railways.

Wages and Hours  The Davis-Bacon Act, the Service Contract Act, and the Walsh-Healy Public Contracts Act require employers with certain types of federal government contracts to pay their employees a minimum wage as determined by the secretary of labor.

Equal Pay  The Equal Pay Act requires employers to pay equal wages to male and female employees who are performing substantially equivalent work.

Workplace Safety   The Occupational Safety and Health Act (OSH Act) requires employers to furnish a workplace free from hazards likely to cause death or serious injury and to comply with safety and health standards promulgated under the law.

Mine Safety  The Mine Safety and Health Act requires mine operators to comply with safety and health standards promulgated under the law.

Pensions and Welfare Benefit Plans The Employee Retirement Income Security Act (ERISA) establishes eligibility and vesting rights for employees in company pension plans, and establishes administrative, fiduciary, funding, and termination requirements for pension plans. This law also regulates, to a lesser degree, other types of employee benefit plans, such as medical insurance or legal services.

Immigrant Workers   The Immigration Reform and Control Act (IRCA) prohibits employers from hiring illegal aliens, requires employers to verify the work eligibility status of applicants, and protects lawfully admitted aliens by prohibiting discrimination in employment based on citizenship status.

Other Terms of Employment   The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who have served in the armed forces to their former jobs upon completion of their military duty and prohibits employment discrimination because of an employee's past, current, or future military obligations.

The Worker Adjustment and Retraining Notification Act (WARN Act) requires employers to give sixty days' advance notice of plant closings or mass layoffs to workers, unions, and state and local governments.

The Employee Polygraph Protection Act (EPPA) prohibits employers from requiring employees or applicants to submit to polygraph examinations.

The Family and Medical Leave Act (FMLA) requires employers to grant employees up to twelve weeks of unpaid leave during any twelve-month period because of the birth or adoption of a child, because the employee has a serious health condition, or because the employee has to care for a parent, spouse, or child with a serious health condition.

The Jury System Improvements Act prohibits disciplining or discharging an employee because of federal court jury duty.

The Drug-Free Workplace Act requires federal government contractors and grantees to establish a drug-free awareness program for their employees.