Regulatory and Legal Acts and Executive Orders

 

 

This section is designed to help you quickly and easily see and discover all the employment related legislation and briefly review the meaning and intent of important Acts and Executive Orders. The table that follows is presented in chronological order of when legislation was passed, and presents a brief description of each law.

 

 

YEAR

ACTS

BASIC PROVISIONS

 

1866

 

Civil Rights Act, Section 1981

 

Gives all persons, regardless of race, age, and national origin, the same contractual rights as Caucasians; does not apply to sex-based discrimination

 

 

1871

 

Civil Rights Act, Section 1983

 

Gives all persons, regardless of race, age, and national origin, the same contractual rights as Caucasians; does apply to sex-based discrimination.

 

 

1890

 

Sherman Anti-Trust Act

 

Prohibits businesses in interstate commerce from contracting, combining, or conspiring to restrain trade; prohibits attempting to monopolize 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 the right to organize and for majority choice of representatives; prohibits “yellow dog” contracts and outlines dispute settlement procedures; covers railroad and airline employees.

 

 

1931

 

Davis-Bacon Act

 

Requires payment of specified wage rates and fringe benefits on federal government contracts for public-works construction in excess of $2,000.

 

 

1932

 

Norris-LaGuardia Act

 

Prohibits “yellow dog” contracts and injunctions for nonviolent activity of unions (strikes, picketing, and boycotts); limits union liability and covers all employers and labor organizations.

 

 

1933

 

National Industrial Recovery Act

 

Guarantees employees the right to join unions and bargain collectively; this law was declared unconstitutional by the Supreme Court in 1935.

 

 

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

 

Walsh-Healy Act

 (Public Contracts Act)

 

Guarantees prevailing wages to employees of government contractors with contracts of $10,000 or more.

 

 

1935

 

Social Security Act

(OASDHI)

 

Provides income and health care to retired employees and income to survivors of employees who have died; covers virtually all employers.

 

 

1935

 

Unemployment Compensation

 

Covers virtually all employers and provides income to employees who have been fired or laid off.

 

 

1935

 

National Labor Relations Act (NLRA)

a.k.a., Wagner Act

 

Provides 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).

 

 

1938

 

Fair Labor Standard Act

(FLSA)

 

Establishes a minimum wage, controls hours through premium pay for overtime, controls working hours for children and covers most interstate employers. However, there are some exceptions.

 

 

1947

 

Labor-Management Relations Act

(LMRA)

a.k.a., Taft-Hartley

 

Prohibits unfair labor practices of unions, outlaws closed shop, prohibits strikes in national emergencies, requires both parties to bargain in good faith and covers non-managerial employees in private industry (not covered by the Railway Labor Act).

 

 

1959

 

Labor Management Reporting and Disclosure Act

a.k.a., Landrum-Griffin Act

 

 

Outlines procedures for redressing internal union problem and covers all labor organizations.

 

1963

 

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

 

False Claims Act

 

Protects and rewards citizens willing to alert U.S. government to contractor fraud.

 

 

1964

 

Civil Rights Act

(amended by EEOA 1972)

 

Prohibits discrimination on the basis of race, color, religion, sex, or national origin; establishes the EEOC; covers employers with 15 or more employees, employment agencies and labor unions.

 


 

 

1965

 

Executive Order 11246 amended by 11375 (1966)

 

Prohibits discrimination on the basis of race, color, religion, sex, or national origin. Establishes OFCCP and covers federal contractors and subcontractors with contracts over $50,000 and 50 employees.

 

 

1965

 

Service Contract Act

 

Extends prevailing wage rates and fringe benefit requirements to employers providing services under federal government contracts in excess of $25,000.

 

 

1967

 

Age Discrimination in Employment Act, amended 1978, 1986

 

Prohibits discrimination against persons age 40 and over. Identifies compulsory retirement for some workers and covers employers with more than 25 employees.

 

 

1968

 

Wage Garnishment Act

 

Title III of the Consumer Credit Protection Act; limits amount of an employee’s earnings which may be garnished and protects the employee from being fired if pay is garnished for debt.

 

 

1969

 

Executive Order 11478

 

Prohibits discrimination on the basis of race, color, religion, sex, or national origin; covers federal agencies.

 

 

1969

 

Coal Mine Safety and Health Act

 

Early legislation which established mine safety and health standards; provides the basis for the Mine Safety and Health Act of 1977.

 

 

1970

 

Fair Credit Reporting Act

 

Requires employers to notify individual if applications are denied on the basis of information in consumer credit reports.

 

 

1970

 

Occupational Safety and Health Act

(OSHA)

 

Assures as far as possible, every man and woman in the nation safe and healthful working conditions and preserves “human” resources. Covers most interstate employers.

 

 

1972

 

Equal Employment Opportunity Act

(EEOA)

 

Amends Title VII of the Civil Rights Act of 1964: increases the enforcement powers of the EEOC, adds employees of state and local government and educational institutions.

 

 

1973

 

Vocational Rehabilitation Act, amended 1980

 

Prohibits discrimination against persons with physical and/or mental handicaps and provides for affirmative action. Covers government contractors and federal agencies.

 

 

1973

 

Health Maintenance Act

 

Requires employers with more than 25 employees to provide workers with the option of joining a federally qualified health maintenance organization (HMO).

 


 

 

1974

 

Employee Retirement Income Security

(ERISA)

 

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

 

Covers federal agencies and allows individuals to review their employers’ records on them and bring civil damages.

 

 

1974

 

Vietnam Veterans Readjustment Act

 

Provides for the affirmative action in employment of Vietnam-era veterans and covers government contractors with contracts in excess of $10,000.

 

 

1976

 

Copyright Act

 

Covers the life of the author plus 50 years. Exclusive rights of the author are limited to permit “fair use” of copyrighted work.

 

 

1977

 

Mine Safety and Health Act 6

 

Establishes mandatory mine safety and health standards for underground and surface mines. Covers metal and nonmetal mines.

 

 

1978

 

Uniform Guidelines on Employee Selection Procedures

 

Outlines Equal Employment Opportunity principles to more clearly define adverse impact and test validation. Coverage the same as for the Civil Rights Act, as amended.

 

 

1978

 

Pregnancy Discrimination Act

 

Defines pregnancy as a short-term disability and must receive the same benefits as any other short-term disability; falls within Title VII prohibition of sexual discrimination. Employers with 15 or more employees are covered.

 

 

1978

 

Civil Service Reform Act

 

Establishes Senior Executive Service (SES) and defines grievance procedures and requirements for goal-type performance appraisals. Covers federal employees.

 

 

1978

 

Revenue Act

 

Adds two important sections to the Tax Code, relevant to employee benefits: Section 125 and 401(k).

 

 

1980

 

Guidelines on Sexual Harassment

 

Coverage the 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

 

Amends IRS code and ERISA to require that most employers provide continued health insurance coverage to terminated or separated employees and family members at group rates (plus administrative costs) paid by employee.

 

 

1986

 

Immigration Reform and Control Act

 

Attempts to deal with problems arising from the flow of immigrants into the U.S. Requires an I-9 to be completed by the employer and the new hire.

 

 

1986

 

Tax Reform Act

 

Makes extensive changes in the tax laws including reduction in tax brackets and all tax rates for individuals.

 

 

1988

 

Employee Polygraph Protection Act

 

Covers all private employers. Prohibits polygraph testing of employees without reasonable suspicion.

 

 

1988

 

Drug-Free Workplace Act

 

Requires employers to maintain drug-free workplace. Covers federal contractors with contracts exceeding $25,000.

 

 

1988

 

Worker Adjustment and Retraining Notification Act

 

Requires at least 60 days notice of plant or office closing. Covers employers with 100 or more employees.

 

 

1990

 

Americans with Disabilities Act

(ADA)

 

Protects individuals with disabilities against discrimination. Covers virtually all employers with 15 or more employees.

 

 

1990

 

Older Worker Benefit Protection Act

 

Prohibits discrimination with regard to benefits on the basis of age. Covers employers with 25 or more employees.

 

 

1990

 

Immigration Act

 

Amends the employer-verification and unfair immigration-related employment practices defined by the IRCA.

 

 

1993

 

Family and Medical Leave Act

 

Covers employers with 50 or more employees within a 75-mile radius. Guarantees 12 weeks per year in paid or unpaid leave for birth or adoption of child or serious illness of employee or immediate family member.

 

 

1993

 

Omnibus Budget Reconciliation Act

 

Reduces compensation limits in qualified retirement programs. Triggers increased activity in nonqualified retirement programs as well as some plan terminations.

 

 

1995

 

Executive Order 12954

 

Bars federal contractors from hiring permanent striker replacements.

 

 

1995

 

Congressional Accountability Act

 

Requires that any federal employee relations legislation enacted by Congress applies to the employees of Congress as well.

 

 

Dates Vary

 

Workers’ Compensation

 

Covers virtually all employers; provides benefits to employees who have been injured on the job and to the survivors of employees who have been killed on the job.

 

 

Dates Vary

 

Fifth Amendment

 

Covers all citizens and states that no person will be deprived of life, liberty, or property without the due process of law.

 

 

Dates Vary

 

Fourteenth Amendment

 

Covers all citizens and prohibits abridgment of federally conferred privileges by actions of the state.