HR LAW: Lesser Known Employment Laws
This is a Brief Overview of 7 HR LAW: Lesser Known Employment Laws for all U.S. employers.
1)Immigration Reform and Control Act of 1986 – “was passed in order to control and deter illegal immigration to the United States. Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hire undocumented workers, and increased enforcement at U.S. borders” Sourced from USCIS. The I-9 and E-Verify were implemented to help employers ensure that each employee is authorized to work in the U.S. and to confirm each employee’s identity. The US Immigration and Customs Enforcement ICE enforces this law.
2) Employee Polygraph Protection Act of 1988 – “The EPPA prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act. Employers may not use or inquire about the results of a lie detector test or discharge or discriminate against an employee or job applicant on the basis of the results of a test, or for filing a complaint, or for participating in a proceeding under the Act. Subject to restrictions, the Act permits polygraph (a type of lie detector) tests to be administered to certain job applicants of security service firms (armored car, alarm, and guard) and of pharmaceutical manufacturers, distributors and dispensers. Subject to restrictions, the Act also permits polygraph testing of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in specific economic loss or injury to the employer. Where polygraph examinations are allowed, they are subject to strict standards for the conduct of the test, including the pretest, testing and post-testing phases. An examiner must be licensed and bonded or have professional liability coverage. The Act strictly limits the disclosure of information obtained during a polygraph test.” Sourced from DOL
3) Fair Credit Reporting Act of 1969 – “was enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. It was intended to protect consumers from the willful and/or negligent inclusion of inaccurate information in their credit reports. To that end, the FCRA regulates the collection, dissemination, and use of consumer information, including consumer credit information.” Sourced from The Federal Trade Commission. The act is enforced by the US Trade Commission and the Consumer Protection Bureau.
Credit Report: Employers using consumer reports to screen job applicants or employees must follow specific procedures, including: Getting the applicant’s written permission; Telling the applicant how they want to use their credit report; Not misuse their information; Giving the applicant a copy of their credit report if the company decides not to hire or fires the applicant; and Giving the applicant an opportunity to dispute the information contained within your credit report before making a final adverse decision.
4) Fair and Accurate Credit Transactions Act of 2003 (FACT) an amendment to the FCRA passed in 2003, consumers are able to receive a free copy of their consumer report from each credit reporting agency once a year. The free report can be requested by telephone, mail, or through the government-authorized website: annualcreditreport.com. This site helps to dispute inaccurate information.
5) Newborns’ and Mothers’ Health Protection Act of 1996 (companies who provide health insurance) – “signed into law on September 26, 1996 and includes important protections for mothers and their newborn children with regard to the length of the hospital stay following childbirth. The Newborns’ Act is subject to concurrent jurisdiction by the Departments of Labor, the Treasury, and Health and Human Services. The following is the amended sample notice that a group health plan may use to satisfy the Newborns’ Act disclosure requirement: (Group health plans and health insurance issuers generally may not, under federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, federal law generally does not prohibit the mother’s or newborn’s attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours).)” Sourced from the DOL
6) Uniform Guidelines on Employee Selection Procedures of 1978 – “Statement of Purpose.
- Need for uniformity– Issuing agencies: The Federal government’s need for a uniform set of principles on the question of the use of tests and other selection procedures has long been recognized. The Equal Employment Opportunity Commission, the Civil Service Commission, the Department of Labor, and the Department of Justice jointly have adopted these uniform guidelines to meet that need, and to apply the same principles to the Federal Government as are applied to other employers.
- Purpose of guidelines: These guidelines incorporate a single set of principles which are designed to assist employers, labor organizations, employment agencies, and licensing and certification boards to comply with requirements of Federal law prohibiting employment practices which discriminate on grounds of race, color, religion, sex, and national origin. They are designed to provide a framework for determining the proper use of tests and other selection procedures. These guidelines do not require a user to conduct validity studies of selection procedures where no adverse impact results. However, all users are encouraged to use selection procedures which are valid, especially users operating under merit principles.
- Relation to prior guidelines: These guidelines are based upon and supersede previously issued guidelines on employee selection procedures. These guidelines have been built upon court decisions, the previously issued guidelines of the agencies, and the practical experience of the agencies, as well as the standards of the psychological profession. These guidelines are intended to be consistent with existing law.” Sourced from the EEOC
7) National Labor Relations Act of 1947 – “Congress enacted the National Labor Relations Act (“NLRA“) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy” Sourced from the NLRB. National Labor Relations Board regulates this act. HR LAW: Lesser Known Employment Laws
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