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Writer's pictureKelly Lowry

Legislation Requirements. Does Your Company Qualify?


Almost 12% of small to medium sized businesses will face some form of a lawsuit with an average cost of $125,000 to defend such cases. Are you prepared for this?

Be sure you are compliant with this quick reference guide on qualifying companies based on your employee count. Want to make sure you’re in compliance? Contact us, we can help, and it will not cost you $125,000.

Legislation/Case Significance Number of employees

Fair Labor Standards Act Defines exempt/nonexempt All companies

Minimum wage requirement

Time-and-a half for overtime

Limited hours/work for children

Record-keeping requirements


Portal-to-Portal Act Defines “hours worked” for FLSA All companies


Equal Pay Act Requires equal pay for equal work All companies


Title VII Prohibits discrimination on the basis All companies

Of race, color, religion, national origin, sex


Immigration and Nationality Eliminates national origin, race, and ancestry All companies

Act (INA) as bars to immigration


Consumer Credit Protection Limited garnishment amounts on employee All companies

Act (CCPA) wages; prohibited discharge of employees for

Single garnishment


OSHA Provide a safe workplace and reporting 11 employees

Requirements for injured/ill employees


Fair Credit Reporting Must notify candidates that a credit report All companies

May be obtained


Equal Employment Complainants have the burden of proof All companies

Opportunity Act (EEOA) for disparate impact. Extended time to file


Employee Retirement Requirements for pension, retirement, Find out more

Income Security Act (ERISA) and welfare benefit plans


Copyright Act Defines “fair use” of copyrighted work Find out more


Uniform Guidelines on Established guidelines to ensure that selection Find out more

Employee Selection procedures are both job related and valid predictors

Procedures (UGESP) of job success


Pregnancy Discrimination Pregnancy must be treated the same as any other Find out more

Act (PDA) short-term disability


Consolidated Omnibus Continuation of group health coverage upon Find out more

Budget Reconciliation a qualifying event

Act (COBRA)


Immigration Reform & Prohibits employment of individuals who are not All companies

And Control Act (IRCA) legally authorized to work in the US. Requires I-9


Drug-Free Workplace Act Requires federal contractors to have drug-free Federal agencies

Workplace policies


Employee Polygraph Prohibits the use of lie-detector test except under Find out more

Protection Act (EPPA) limited circumstances


WARN Act Requires 60-day notice for mass layoffs or closings 100 or more


ADA Requires reasonable accommodations for qualified 25 or more

Individuals with disabilities


OWBPA Prevents discrimination in benefits for workers All employees

40 years of age and older


Immigration Act Required prevailing wage for H1(b) visas and Find out more

set quotas for H1(b) visas


Glass Ceiling Act Ceiling to determine barriers for women and Find out more

Minorities


Unemployment Reduces roll-over rules for lump-sum distributions Find out more

Compensation Amendments of qualified retirement plans


Family and Medical Leave Provide 12 weeks of unpaid leave to eligible employees 50 or more

Act (FMLA)


Let us ensure that you and your company are following compliance with all local, state, and federal laws.


Don’t have a handbook? Although it is not a law, it is a wise investment to secure your business in the event of compliance and fairness for your employees and any litigation that may occur. Contact us today for a free quote on developing your handbook.

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