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Depending on how many employees you have, there are federal labor laws you need to comply with. Some only apply if you have more than 100 workers, others if you have at least 50 employees, and many apply even if you only have one staff member. See this handy guide to ensure you are compliant with applicable labor laws.
Labor Law Compliance by Company Size
1-14 EMPLOYEES
| Fair Labor Standards Act (FLSA) | Establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. |
| Immigration Reform & Control Act (IRCA) | Requires employers to document information on Form I-9 regarding an employee’s identity and employment eligibility. |
| Employee Polygraph Protection Act (EPPA) | Generally prohibits employers from using lie detector tests. |
| Uniformed Services Employment & Re-employment Rights Act (USERRA) | Prohibits employment discrimination on the basis of past military service, current military obligations, or intent to serve. |
| Equal Pay Act (EPA) | Prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions. |
| Consumer Credit Protection Act |
Protects employees from discharge by their employers because their wages have been garnished. |
| National Labor Relations Act (NLRA) (Wagner Act) |
Prohibits employers from interfering with the exercise of rights relating to organizing, forming, joining or assisting a labor union. |
| Labor-Management Relations Act (Taft-Hartley Act) | Defines certain practices by unions as unfair labor practices and regulates employer-union relations. |
| Federal Insurance Contributions Act (FICA) |
Imposes payroll taxes to provide benefits for retired workers and their dependents as well as for disabled workers and their dependents. |
| Occupational Safety & Health Act (OSH Act) |
Created the Occupational Safety and Health Administration (OSHA). OSHA sets standards and conducts inspections to ensure that employers are providing safe and healthful workplaces. |
| Jury System Improvements Act |
Prohibits employers from discharging or taking certain other actions against an employee summoned to serve as a juror in federal court. |
| Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) |
Requires employers to report certain information on their newly hired employees to a designated state agency. |
| Fair Credit Reporting Act (FCRA) |
Establishes legal obligations of employers who use consumer reports.
[Caution: Many states have laws in this area. Be sure to check the applicable laws in your state and consult with an employment law attorney who knows your state laws to ensure full compliance.] |
| Fair and Accurate Credit Transactions Act (FACTA) |
Requires proper disposal of information in consumer reports and records to protect against unauthorized access to or use of the information. |
15+ EMPLOYEES ALSO NEED TO COMPLY WITH:
| Title VII, Civil Rights Act (Title VII) |
Prohibits employment discrimination based on race, color, religion, sex (including sexual orientation and gender identity), or national origin.
[Caution: Many states have laws in this area. Be sure to check the applicable laws in your state and consult with an employment law attorney who knows your state laws to ensure full compliance.] |
| Title I, Americans with Disabilities Act (ADA) |
Prohibits employment discrimination against qualified individuals with disabilities. Requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the employer’s business. |
| Pregnancy Discrimination Act |
Prohibits sex discrimination on the basis of pregnancy, childbirth, or related medical conditions. |
| Genetic Information Nondiscrimination Act (GINA) |
Prohibits discrimination on the basis of genetic information. |
20+ EMPLOYEES ALSO NEED TO COMPLY WITH:
| Age Discrimination in Employment Act (ADEA) |
Prohibits employment discrimination based on age against persons 40 years of age or older. |
50+ EMPLOYEES ALSO NEED TO COMPLY WITH:
| Family and Medical Leave Act (FMLA) | Entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. |
100+ EMPLOYEES ALSO NEED TO COMPLY WITH:
| Worker Adjustment & Retraining Notification Act (WARN) |
Requires employers to provide notification 60 calendar days in advance of qualified plant closings and mass layoffs. |
| EEO-1 Report |
Requires employers to provide a count of their employees by job category and then by ethnicity, race, and gender. |
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Source: “Labor Law Compliance by Company Size” by Zywave
