|Other Employment Laws|
The simple descriptions in this section are solely for the purpose of pointing you in what may be the right direction regarding non-NMB/RLA issues.
Age-Discrimination in Employment Act (ADEA)
Prohibits discrimination against individuals over age 40. Enforced by the Equal Employment Opportunity Commission (EEOC).
Americans with Disabilities Act (ADA)
Prohibits discrimination on the basis of a permanent disability. Requires employers to make "reasonable accommodations" unless doing so would cause undue hardship to the employer. Titles I and IV are enforced by the EEOC. Titles II and III is under authority of the DOJ (U.S. Department of Justice) (DOJ).
Employee Retirement Income Security Act (ERISA)
Prohibits discharging or discriminating against employees in order to interfere with or reduce obligations regarding employee benefits, pensions, and health plans. Establishes uniform standards for employee pension benefit plans such as vesting requirements and benefit reporting. Administered in part by the U.S. Department of Labor (DOL) - Employee Benefits Security Administration (EBSA), the Pension Benefit Guarantee Corporation (PBGC), and the Internal Revenue Service (IRS).
Equal Pay Act (EPA)
Prohibits differentiation in pay based solely on gender; can be based on seniority, merit, or factor other than sex. Enforced by the Equal Employment Opportunity Commission (EEOC).
Fair Labor Standards Act (FLSA)
Establishes minimum hourly wage and overtime compensation standards; also addresses working conditions such as work hours and break times. Administered by the Wage and Hour Division of the U.S. Department of Labor.
Family and Medical Leave Act (FMLA)
Allows employees to take up to 12 weeks of unpaid, job-protected leave per year for personal care of self, newborn or seriously ill child, spouse or parent. Administered by the DOL’s Wage and Hour Division.
Labor-Management Reporting and Disclosures Act (LMRDA)
The LMRDA provides a “Bill of Rights of Members of Labor Organizations”, provisions covering some internal union matters such as the election of union officers, and certain other reporting and disclosure requirements. Check out the website of the Office of Labor Management Standards.
Occupational Health and Safety
Requires that the workplace be free from recognized hazards that could cause serious injury or death. Enforced by the Occupational Health and Safety Administration (OSHA).
Older Workers Benefit Protection Act (OWBPA)
Prohibits pressuring employees to retire or requiring individuals to waive certain ADEA-protected rights. Enforced by the Equal Employment Opportunity Commission (EEOC).
Railroad Retirement Act (RRA)
Legislation enacted in 1934, 1935, and 1937 to establish a railroad retirement system separate from the social security program legislated in 1935. Administered by the Railroad Retirement Board (RRB) which has a toll-free hot line at 800-808-0772 and an online Help Line.
Railroad Unemployment Insurance Act
The railroad unemployment insurance system was established separate from the Social Security Act primarily because railroads crossed state lines, frequently leaving railroad employees without unemployment insurance. Administered by the Railroad Retirement Board.
Social Security Act (SSA)
Provides retirement benefits for retired workers and financial support to younger workers and their families who face a loss of income due to disability or the death of a family wage earner. Administered by the Social Security Administration.
Title VII, Civil Rights Act
Prohibits discrimination on basis of race, color, religion, national origin, and sex (including pregnancy and sexual harassment). Enforced by the Equal Employment Opportunity Commission (EEOC).
Vietnam Era Veterans Readjustment Assistance Act (VEVRA)
Requires employers with Federal contracts or subcontracts of $25,000 or more to provide equal employment and affirmative action for Vietnam era Veterans. Contact the office of Federal Contract Compliance Programs (OFCCP).
Worker Adjustment & Retraining Notification Act (WARN)
Impacted employees must be given 60 calendar days notice of a mass layoff or shutdown. Administered by the DOL’s Wage and Hour Division.
Workers Compensation Laws
Employees injured on the job, while employed by private companies or state/local government agencies, should contact their State workers compensation board. U.S. Federal government employees should contact the U.S. Department of Labor (DOL).
For more information, check out the "Employment Law Guide" on the web site of the Department of Labor: Click here.
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