2025 | ASSURED SUCCESS
D352: Federal Employment Laws—The Laws Table
Coverage-- Coverage--
Types of Size of
Coverage—
employers employer Remedies Available/
LAW Who the law Scope/Main provisions; e.g. what the law protects/prohibits
(public, required Punishment for Violati
protects
private, or for
all) coverage
Laws from Section 3
The ALL >=20 ALL with health 1 Benefit coverage extends 18 months after qualifying event--an event that causes an Fines, fees, and paymen
Consolidated employees insurance options employee to lose group health coverage; e.g., termination, reduction in hours medical bills that would
Omnibus (special causes can increase coverage period) covered
Budget
Reconciliation
Act (COBRA)
2 Employee/former employee is responsible for premium plus a small administration
fee (up to 2% of the premium)
3 Employers must notify existing employees of their rights under COBRA
4 Exiting employee has 60 days to exercise COBRA rights
Drug Free Federal contracts > ALL 1 Maintain drug-free workplaces Fines
Workplace Act Contractors $100k
2 Provide education and enforcement of drug-free policies
3 No provision for drug-testing
Employee Private (some ALL ALL 1 Prevents employers from using polygraph tests for employment recruiting and
Polygraph national retention purposes
Protection Act defense,
security 2 Allowed if employee is suspected to be involved in a situation that caused the
contractors, business harm or money
, FBI, private 3 Can't use to investigate drug use, for theft among co-workers, accidents, or routine
security shortages in inventory or cash drawers
firms, and
pharmaceutic
al firms may
be exempt)
Employee Private sector N/A All workers with a 1 Employers must provide correct information about benefits, deliver promised Money that should hav
Retirement employers pension plan or benefits, provide a review for disputes, manage employee funds with light level of plus interest, clarificatio
Income that offer retirement savings care, abstain from interference of employee benefit rights, specify premiums and benefits
Security Act account copays, and identify the administrator and any factors that may impact
(ERISA) benefits=Summary Plan Document
plans--does 2 Summary Plan Document within 90 days of employment
not
apply; tax- 3 Establishes minimum standards and requirements that the pension plan must meet
exempt
churches,
workers'
compensatio
n plans, or
foreign plans
for non-
resident
aliens
Fair Credit ALL ALL ALL 1 Relates to medical records or payments, residential or tenant history, check writing Civil penalties, individua
Reporting Act history, employment history, and insurance claims
(FCA)
2 Must have written consent from applicant or employee; if applicant refuses,
employer does not have to hire him/her
3 If info leads to adverse decision, employer must furnish the employee/applicant
with negative information and rights under the law
4 Employee/applicant has chance to correct any erroneous info
Fair Labor ALL--Some Most Most--except 1 Provides for a federal minimum wage (exceptions include those under 20 years old Back wages owed and l
Standards Act small children working for the first 90 days of employment) damages equal to wage
(FLSA) employers for parents and injunctions, willful viola
may be some agricultural 2 Provides for overtime at 1.5x hourly rate for all hours worked within a work week be instituted by Depart
exempt, but workers over 40 for non-exempt employees Justice, reinstatement,
are most and independent 3 Protects from abuse of child labor (retail jobs allowed with restrictions for 14 year recovery of legal fees
likely covered contractors old employees, 16 year old employees can work if no interference with health,
by state law education, or well-being--standards set by state law)
, 4 Tipped workers, piece rate, and per assignment (e.g., referees) must earn at least
minimum wage when wages are averaged for the work week
5 Children working for parents, children working as performers, and most farm
workers exempt
6 Applies to undocumented workers (cannot knowingly hire illegals and break the
law because they are illegal)
7 Equal pay for equal work
8 Whistleblower provision/prohibits retaliation
Family Medical Private >=50* ALL employees 1 12 weeks unpaid leave if 1250 hours worked in the 12 months preceding leave for Back pay, reinstatemen
Leave Act Sector ALL (except "key" birth, adoption, or placement of new foster child AND/OR serious health condition pay, accumulation of be
(FMLA) Public Sector employees) of the employee, employee's spouse, son, daughter or parent other monetary damag
, liquidated damages, att
*If 2 Amended to allow 26 weeks for qualifying family members of a veteran seriously fees, cost and interest
multiple injured in line of duty
work sites, 3 Employer allowed to create policy for requesting FMLA and follow with proper
more than disciplinary procedure if not followed
50 within a
75 mile
radius also
covered
4 Upon return from leave, employee entitled to same or substantially the same
position held prior to leave
5 Does not cover bereavement or protect against layoffs or termination for cause
The Health ALL entities ALL ALL 1 Cannot release private medical data without the permission of the individual Criminal and civil penal
Insurance that process covered organizations and indiv
Portability and medical act willfully when sharin
Accountability information medical information co
Act (HIPAA) or deliver civil liability and crimina
health care 2 Companies may develop organization-wide privacy policies and procedures and sanctions--including pri
services or inform all employees of them
benefit plans 3 Electronic, physical, and other methods must be implemented to protect the
security of health records
Occupational ALL ALL ALL except federal 1 All employers must comply with all DOL safety and health requirements Fine, correction of haza
Safety and gov, domestic (compliance requirement) criminal penalties (impr
Health Act servants, or self-
(OSH Act) employed
2 Employers must provide a workplace free of recognized hazards likely to cause
death or serious harm (general duty clause)
3 Allows for spot workplace inspections, imposes fines for rules violations, and
ensures that continual training is taking place
4 Whistleblower provision/prohibits retaliation
Uniformed ALL ALL Employee 1 Protects against discrimination based on military service Order of compliance,
Services Reservists and 2 Military employees can leave jobs to perform military service compensation for lost w
Employment National Guard-- benefits, and recovery o
and Re- non-career service 3 Service employees entitled to reinstatement and employment benefits if they a) fees
Employment military gave employer notice of service, b) absence is less than five years, and c) submitted
Rights Act application for re-employment within designated time period
(USERRA)
4 Employers not required to reinstate if a) employer's circumstances have changed