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Human Resource Mgmt - HR Legislation


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[1890] Sherman Anti-Trust Act
Prohibits businesses in interstate commerce from contracting,combining, or conspiring to restrain trade; prohibits attempting tomonopolize the market in a particular area of business.
[1914] Clayton Act
Exempts unions from the Sherman Anti-Trust Act; limits the use of injunctions to stop a strike.
[1926] Railway Labor Act
Provides for the right to organize and for majority choice of representatives; covers railroad and airline employees.
[1931] Davis-Bacon Act
Requires payment of specified wage rates and employee benefits on federal government contracts for public works construction in excess of $2,000.
[1932] Norris-LaGuardia Act
Prohibits “yellow-dog” contracts; prohibits injunctions for nonviolent activity of unions (strikes, picketing, and boycotts).
[1933] National Industrial Recovery Act
Guarantees employees the right to join unions and bargain collectively; was declared unconstitutional by the Supreme Court in 1935; replaced by the National Labor Relations Act.
[1934] Copeland “Anti-Kickback” Act
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.
[1934] Securities and Exchange Act
Extends the “disclosure” doctrine of investor protection to securities listed and registered for public trading on our national securities exchanges.
[1935] National Labor Relations Act (NLRA; Wagner Act)
Provides for the right to organize and for collective bargaining; requires employers to bargain; unions must represent all members equally; covers non managerial employees in private industry (not already covered by the Railway Labor Act).
[1935] Social Security Act
Provides income and health care to retired employees and income to survivors of employees who have died; covers virtually all employers.
[1936] Walsh-Healey Act (Public Contracts Act)
Guarantees prevailing wages to employees of government contractors with contracts of $10,000 or more.
[1938] Fair Labor Standards Act (FLSA)
Establishes a minimum wage; sets standards for FLSA exemptions; addresses basic overtime pay provisions; controls working hours for children; establishes record-keeping provisions.
[1946] Lanham Act (Trademark Act)
Created federal protection for trademarks and service marks.
[1947] Labor-Management Relations Act (LMRA; Taft-Hartley Act)
Prohibits unfair labor practices of unions; outlaws closed shop; prohibits strikes in national emergencies; requires both parties to bargain in good faith; covers nonmanagerial employees in private industry (not covered by the Railway Labor Act).
[1947] Portal-to-Portal Act
Amends the FLSA; defines “hours worked” and describes general rules for time worked.
[1952] U.S. Patent Act
Established the U.S. Patent and Trademark Office.
[1959] Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act)
Outlines procedures for redressing internal union problems; protects the rights of union members from corrupt or discriminatory labor unions; covers all labor organizations.
Equal Pay Act (amendment to FLSA)
Prohibits unequal pay for males and females with equal skill, effort, and responsibility under similar working conditions; no employers are exempt.
[1963] Civil Rights Act (amended by Equal Employment Opportunity Act, 1972) (1964)
Prohibits discrimination or segregation on the basis of race, color, religion, gender, or national origin; establishes the Equal Employment Opportunity Commission; covers employers with 15 or more employees, employment agencies, and labor unions.
[1965] Executive Order 11246, amended by 11375 (1967), 11478 (1969), and 12138 (1979)
Requires federal contractors and subcontractors with contracts in excess of $10,000 during any 12-month period to comply with Title VII of the Civil Rights Act of 1964 and take steps to support women’s business enterprises and eliminate employment barriers to women and minorities.
[1965] Service Contract Act
Extends prevailing wage rates and benefit requirements to employers providing services under federal government contracts in excess of $2,500.
[1967] Age Discrimination in Employment Act, amended 1978, 1986
Prohibits discrimination against persons age 40 and over; identifies compulsory retirement for some workers; covers employers with more than 20 employees.
[1968] Consumer Credit Protection Act
Limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors.
[1970] Fair Credit Reporting Act
Requires employers to notify an individual in writing if a report may be used; employer 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.
[1970] Occupational Safety and Health Act (OSHA)
Established the first national policy for safety and health; delivers standards that employers must meet to guarantee the health and safety of their employees.
[1972] Equal Employment Opportunity Act (EEOA)
Amends Title VII of the Civil Rights Act of 1964; increases the enforcement powers of the Equal Employment Opportunity Commission; adds employees of state and local government and educational institutions.
[1973] Rehabilitation Act, amended 1980
Prohibits discrimination against persons with physical and/or mental disabilities and provides for affirmative action; covers government contractors and federal agencies.
[1974] Employee Retirement Income Security Act (ERISA)
Establishes uniform minimum standards to ensure that 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; covers most interstate employers.
[1974] Privacy Act
Requires that a government entity obtain a government employee’s signed release before giving information about that individual to someone else.
[1974] Vietnam Era Veterans Readjustment Assistance Act
Prohibits discrimination against certain veterans; covers government contractors with contracts in excess of $25,000.
[1976] Copyright Act
Defines right or privilege of author or proprietor to exclude others from printing or otherwise duplicating, distributing, or vending copies of his or her literary, artistic, and other creative expressions.
[1976] Hart-Scott-Rodino Antitrust Improvements Act
Provided the federal government with the opportunity to review the potential effects on competition of certain mergers, acquisitions, or other consolidations before such transactions are completed.
[1977] Mine Safety and Health Act
Establishes mandatory mine safety and health standards for underground and surface mines; covers coal, metal, and nonmetal mines.
[1978] Pregnancy Discrimination Act
Defines pregnancy as a short-term disability and states that employees must receive the same benefits as for any other short term disability; falls within Title VII prohibition of sexual discrimination; employers with 15 or more employees are covered.
[1978] Revenue Act
Adds two important sections to the Tax Code relevant to employee benefits: Sections 125 and 401(k).
[1978] Uniform Guidelines on Employee Selection Procedures
Outlines equal employment opportunity principles to more clearly define adverse impact and test validation; assists employers in complying with federal regulations prohibiting discrimination.
[1980] Guidelines on Sexual Harassment
Coverage same as the Civil Rights Act of 1964, as amended; defines standards for what constitutes harassment.
[1984] Retirement Equity Act
Provides certain legal protections for spousal beneficiaries of qualified retirement programs.
[1985] Consolidated Omnibus Budget Reconciliation Act (COBRA)
Amends IRS code and ERISA to require that 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.
[1986] Tax Reform Act
Makes extensive changes in the tax laws, including reduction in tax brackets and all tax rates for individuals.
[1986] Immigration Reform and Control Act (IRCA)
Prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee’s identity and right to work; requires an I-9 to be completed by the employer and new hire.
[1988] Drug-Free Workplace Act
Requires federal contractors with contracts of $100,000 or more to follow requirements to certify that they are maintaining a drugfree workplace.
[1988] Employee Polygraph Protection Act
Covers all private employers; makes it unlawful for employers to use lie detectors in employment decisions except for a few narrowly defined exceptions.
[1988] Worker Adjustment and Retraining Notification Act (WARN)
Requires some employers to give at least 60 days’ notice of plant or office closings or mass layoffs; covers employers with 100 or more employees.
[1990] Americans with Disabilities Act (ADA)
Prohibits discrimination against individuals with disabilities; covers virtually all employers with 15 or more employees.
[1990] Older Worker’s Benefit Protection Act
Prohibits discrimination with regard to benefits on the basis of age; covers employers with 20 or more employees; provides terminated employees with time to consider group termination or retirement programs and consult an attorney.
[1991] Civil Rights Act
Expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages.
[1992] Unemployment Compensation Amendments (UCA)
Imposes mandatory 20% federal income tax withholding on qualified retirement plan proceeds that a recipient does not roll over into another qualified plan.
[1993] Family and Medical Leave Act (FMLA)
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.
[1993] Omnibus Budget Reconciliation Act (OBRA)
Reduces compensation limits in qualified retirement programs; triggered increased activity in nonqualified retirement programs as well as some plan terminations.
[1994] Uniformed Services Employment and Reemployment Rights Act (USERRA)
Requires that employers continue benefits and counting credited active duty in the Uniformed Services of the U.S. service for retirement plan purposes for employees called up for active duty in the Uniformed Services of the U.S.
[1995] Congressional Accountability Act
Requires that any federal employee relations legislation enacted by Congress applies to the employees of Congress as well.
[1996] Health Insurance Portability and Accountability Act (HIPAA)
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.
[1996] Mental Health Parity Act
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.
[1996] Small Business Job Protection Act
Affects employee benefit programs, changes the rules concerning 401(k) and IRA accounts, and provides tax incentives for businesses, along with changes in reporting requirements.
[1996] Work Opportunity Tax Credit (WOTC)
Authorized by the Small Business Job Protection Act of 1996; encourages employers to hire targeted groups of job seekers by reducing employers’ federal income tax liability.
[1996] Welfare-to-Work Tax Credit
Federal income tax credit that encourages employers to hire longterm family assistance recipients.
[1997] Foreign Corrupt Practices Act (FCPA)
Prohibits American companies from making corrupt payments to foreign officials for the purpose of obtaining or keeping business.
[1997] Taxpayer Relief Act
Created tax-advantaged savings mechanisms, including Roth IRAs and Education IRAs, for individual taxpayers.
[2001] Economic Growth and Tax Relief Reconciliation Act (EGTRRA)
Adjusts vesting schedules, increases retirement plan limits, permits catch-up contributions by participants over age 50 in certain plans, and modifies distribution and rollover rules.
[2001] USA PATRIOT Act
Gives federal officials greater authority to take measures to combat terrorism.
[2002] Sarbanes-Oxley Act (SOX)
Requires administrators of defined contribution plans to provide notice of covered blackout periods; provides whistle-blower protection for employees.
[2004] Fair and Accurate Credit Transactions Act (FACT)
Provides relief to employers using third parties to conduct workplace investigations; consent and disclosure requirements need not be followed if investigation involves suspected misconduct, a violation of the law or regulations, or a violation of preexisting written policies of the employer.
[2004] American Jobs Creation Act (AJCA)
Makes sweeping changes to deferred compensation plans,including traditional elective deferral plans; equity-based compensation agreements such as stock appreciation rights,restricted stock, and phantom stock; and employment and severance agreements that cover only one person.

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