ATTORNEYS & COUNSELORS AT LAW

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Tulsa, Oklahoma 74119-5423

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Frequently Asked Questions

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Type: Labor and Employment Law
 
Type: Labor and Employment Law
 
Type: Labor and Employment Law
 
Type: Labor and Employment Law
 
Type: Labor and Employment Law
 
Type: Labor and Employment Law
 
Type: Labor and Employment Law
 
Type: General Firm Information
 
Type: General Firm Information



Q. When must an employer comply with federal employment laws?
 
A.

Whether an employer is covered by a specific federal labor or employment law often depends on the number of employees of an organization.  The following summary is a guide to help employers know what laws they must comply with based on the number of employees they employ:

1-14 Employees
• Civil Rights Act 1964 and 1991, Title VII (for employment agencies and labor organizations). See 15-19 for other employers.
• Consumer Credit Protection Act of 1968
• Employee Polygraph Protection Act (1988)
• Employee Retirement Income Security Act (ERISA) 1974 (if benefits offered)
• Equal Pay Act of 1963
• Fair Credit Reporting Act (1970)
• Fair Labor Standards Act (FLSA) (1938)
• Federal Insurance Contributions Act of 1935 (FICA) (Social Security)
• Health Insurance Portability and Accountability Act (HIPAA) of 1996 (if benefits offered)
• Immigration Reform & Control Act (IRCA) (1986)
• Labor-Management Relations Act (Taft-Hartley) 1947
• National Labor Relations Act (NLRA) 1935
• Occupational Safety and Health Act (1970)
• Uniform Guidelines of Employee Selection Procedures (1978)
• Uniformed Services Employment & Re-employment Rights Act of 1994

11-14 Employees
• Occupational Safety & Health Act (OSHA) (1970) (maintain record of job related injuries and illnesses)

15-19 Employees
• Civil Rights Act of 1964 Title VII, Civil Rights Act of 1991
• Title I, Americans with Disabilities Act of 1990, (ADA)

20-49 Employees
• Age Discrimination in Employment Act (1967) (ADEA)
• Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)

50 Employees or More
• Family and Medical Leave Act of 1993 (FMLA)
• EEO-1 Report filed annually w/EEOC if organization is a federal contractor

100 Employees or More
• Worker Adjustment & Retraining Notification Act of 1988 (WARN)
• EEO-1 Report filed annually w/EEOC if organization is not a federal contractor

Federal Contractors
• Executive Orders 11246 (1965), 11375 (1967), 11478 (1969)
• Vocational Rehabilitation Act of 1973
• Drug Free Workplace Act of 1988
• Vietnam-Era Veterans Readjustment Act of 1974
• Davis Bacon Act of 1931
• Copeland Act of 1934
• Walsh-Healy Act of 1936
• Service Contract Act (1965)

There are other factors that affect whether an employer is covered by federal labor and employment laws.  This guide should not be relied upon as legal advice.  For specific counsel regarding coverage by and compliance with specific federal and state labor and employment laws, contact one of the leaders of our Labor and Employment Law Group, Kirk Turner, Keith Wilkes, or Chris Thrutchley.  They will be glad to help you.

© Copyright 2007 Newton, O'Connor, Turner, Ketchum, PC • Attorney's At Law • All rights reserved.