Laws Regulating Employment
United States labor law is designed to provide the least amount of interference with business owners' labor and management needs, but several major laws protect workers from exploitative scheduling and unfair hiring practices. In addition to major labor law legislation by the federal government, most states have enacted their own labor measures. Congress has also passed several industry-specific laws that deal with employee relations and safety, although their provisions aren't wide enough to impact the majority of employers.
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Fair Labor Standards Act
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Enacted in 1938, the Fair Labor Standards Act provides workers basic protections. Its major sections include establishing a federal minimum wage -- $7.25 per hour as of May 2011 -- and requiring employers to pay overtime wages, equal to 150 percent of a regular wage, for all time beyond 40 hours an employee works in a week. The act also established requirements for employers to maintain accurate time-sheet records, and limited the times and weekly amounts any worker under the age of 18 could work. The FLSA doesn't limit the number of hours an employee may work on a single shift or over the course of a workweek, nor does it mandate lunch or rest breaks for workers.
Civil Rights Legislation
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The Equal Pay Act, passed in 1963, requires that employers pay men and women who perform the same job functions equivalent wages. The 1964 Civil Rights Act prohibits employers from making hiring or advancement decisions or basing pay rates on the basis of color, race, religion, sex or national origin. This act applies to all aspects of employment, including disciplinary procedures, employee classification, fringe benefits and use of company facilities. Three years later, the Age Discrimination Employment Act was established, which prevents employers from favoring workers who are younger than 40 years old over those older than that age.
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Americans with Disabilities Act
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Portions of the Americans with Disabilities Act, which Congress enacted in 1990, prohibit employers from discriminating against qualified employees because of a physical, cognitive or mental disability. A qualified worker must be able to perform his job duties in spite of his disability, or an employer must be able to provide a reasonable accommodation -- such as moving his workspace to a handicapped-accessible part of the business -- for the ADA to be in effect.
Family and Medical Leave Act
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The Family and Medical Leave Act of 1993 requires employers with more than 50 employees to provide up to 12 weeks of unpaid leave to workers to seek treatment for severe illnesses, as maternity or paternity leave, to receive treatment for symptoms that would interfere with the worker's ability to perform his job properly and to care for an ailing parent, spouse or child. Workers must be granted with their annual amount of leave and be given their same position upon returning to work. Promotions and other benefits can't be withheld because a worker took FMLA leave.
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References
- U.S. Department of Education: Compliance Assistance -- Fair Labor Standards Act
- U.S. Equal Employment Opportunity Commission: Federal Laws Prohibiting Job Discrimination Questions and Answers
- U.S. Equal Employment Opportunity Commission: The ADA -- Your Responsibilities as an Employer
- U.S. Department of Labor: Family and Medical Leave Act
