SHRM-CP important laws

National Labor Relations Act (NLRA) / Wagner Act (1935)

Gives most private sector employees the right to form unions, bargain collectively, and engage in collective action. Prohibits employers from committing unfair labor practices (ULPs) like firing someone for union organizing. Established the NLRB to enforce the law.

Federal Insurance Contributions Act (FICA)

Requires both employers and employees to contribute payroll taxes that fund Social Security and Medicare. Employers must withhold FICA taxes from employee paychecks and match the contribution. Covers retirees, disabled individuals, and children of deceased workers.

Fair Labor Standards Act (FLSA) (1938)

Sets federal minimum wage and requires overtime pay (1.5x) for non-exempt employees working over 40 hours per week. Governs exempt vs. non-exempt classification and covers child labor restrictions. Does NOT require vacation, sick leave, holiday pay, or severance pay.

Occupational Safety and Health Act (OSHA)

Requires employers to provide a safe and healthy work environment free from recognized hazards. Mandates compliance with federal safety standards, requires incident reporting, and gives employees the right to report unsafe conditions without retaliation. Employers with fewer than 10 employees are exempt from certain recordkeeping requirements.

Employee Retirement Income Security Act (ERISA) (1974)

Sets minimum standards for retirement and welfare benefit plans offered by private employers. Requires plan administrators to provide participants with plan information and establishes fiduciary responsibilities. The Pension Benefit Guaranty Corporation (PBGC) protects participants in defined benefit pension plans.

Health Insurance Portability and Accountability Act (HIPAA)

Protects the privacy and security of employees' health information. Prohibits employers from using personal health information in employment decisions. Requires that medical records be kept completely separate from general personnel files with limited access. Also protects coverage continuity when employees change jobs.

Title VII, Civil Rights Act (1964)

Prohibits discrimination in all terms and conditions of employment based on race, color, religion, sex, or national origin. Applies to employers with 15 or more employees. Covers both disparate treatment (intentional discrimination) and disparate impact (neutral policies that disproportionately harm a protected group).

Pregnancy Discrimination Act (PDA) (1978)

Amendment to Title VII that prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnancy the same as any other temporary disability. Covers hiring, firing, leave, and benefits.

Americans with Disabilities Act (ADA) & ADA Amendments Act (ADAA)

Prohibits discrimination against qualified individuals with disabilities in all aspects of employment. Requires reasonable accommodations unless doing so creates undue hardship. Medical information must be kept in a separate confidential file. Applies to employers with 15 or more employees. The ADAA (2008) broadened the definition of disability significantly.

Genetic Information Nondiscrimination Act (GINA) (2008)

Prohibits employers from using genetic information — including family medical history — in employment decisions. Employers cannot request or require genetic testing. Genetic information must be kept confidential and separate from the general personnel file.

Age Discrimination in Employment Act (ADEA) (1967)

Prohibits discrimination against employees and applicants who are 40 years of age or older. Covers hiring, firing, pay, promotions, and benefits. Applies to employers with 20 or more employees. Does not protect workers under 40.

Consolidated Omnibus Budget Reconciliation Act (COBRA) (1985)

Requires employers with 20 or more employees to offer continued health insurance coverage after a qualifying event like job loss, reduction in hours, divorce, or death of the covered employee. Employees pay the full premium plus up to 2% administrative fee. Coverage typically lasts 18 months (up to 36 months for some events).

Family and Medical Leave Act (FMLA) (1993)

Entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, birth/adoption of a child, or qualifying military exigencies. Applies to employers with 50 or more employees within 75 miles. Employees must have worked 1 year and 1,250 hours to be eligible.

Patient Protection and Affordable Care Act (ACA) (2010)

Requires employers with 50 or more full-time equivalent employees to offer affordable health coverage or face penalties. Allows dependents to stay on parents' plans until age 26 and prohibits denial of coverage for pre-existing conditions. Introduced the Health Insurance Marketplace.

Worker Adjustment and Retraining Notification Act (WARN) (1988)

Requires employers with 100 or more employees to provide 60 days' advance written notice of plant closings or mass layoffs affecting 50 or more employees at a single site. Failure to provide notice can result in back pay and benefits liability for each day of violation.

Equal Pay Act (1963)

Requires employers to pay men and women equally for performing substantially equal work — same skills, effort, and responsibilities under similar working conditions. Part of FLSA. Pay differences are permitted for seniority, merit, quantity/quality of production, or any factor other than sex.

Lilly Ledbetter Fair Pay Act (2009)

Resets the statute of limitations for filing a pay discrimination claim with each discriminatory paycheck — not just from the original discriminatory decision. Employees can file a complaint even years after initial discrimination as long as they received a discriminatory paycheck within 180 or 300 days of filing. Amended Title VII, ADA, ADEA, and the Rehabilitation Act.

Labor Management Relations Act / Taft-Hartley Act (1947)

Amendment to the NLRA that also prohibits unfair labor practices by unions. Protects management rights, allows states to pass right-to-work laws (prohibiting mandatory union membership), and authorized employees to decertify a union through a vote.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Prohibits employment discrimination against current, past, and future military service members. Requires employers to reemploy returning service members in the same or comparable position if they return within 5 years. Provides up to 24 months of continued health care coverage during military leave.

Immigration Reform and Control Act (IRCA)

Requires employers to verify all employees are legally authorized to work in the U.S. — this drives the I-9 process. Prohibits discrimination based on citizenship status or national origin. Employers who knowingly hire unauthorized workers face civil and criminal penalties.

Uniform Guidelines on Employee Selection Procedures (1978)

Prohibits selection practices that have an adverse impact on protected groups unless the practice is job-related and a business necessity. Establishes the 4/5ths (80%) rule: if a protected group's selection rate is less than 80% of the highest group's rate, adverse impact may exist.

Fair Credit Reporting Act (FCRA)

Governs how employers can use consumer reports like background checks in employment decisions. Employers must get written consent before running a background check and must provide a copy of the report and summary of rights before taking adverse action based on the results.

Employee Polygraph Protection Act (1988)

Prohibits most private sector employers from requiring lie detector tests for pre-employment screening or during employment. Exceptions include pharmaceutical, security, and national defense industries. Employees suspected of specific workplace theft or economic loss may be tested under limited circumstances.

Sarbanes-Oxley Act (SOX) (2002)

Protects employees of publicly traded companies who report fraud or securities violations from retaliation. HR's main role is ensuring anti-retaliation policies are in place. Also requires 30 days' advance notice (no more than 60) of blackout periods for retirement plan participants.

Portal to Portal Act (1947)

Amendment to FLSA that clarifies what counts as compensable work time. Travel to and from work is generally not paid time. Travel between job sites during the workday is compensable. Activities that primarily benefit the employer — even outside regular hours — must be paid.

Consumer Credit Protection Act (1968)

Sets limits on how much of an employee's wages can be garnished to satisfy court-ordered debts like child support, alimony, or tax garnishments. Protects employees from being fired solely because their wages are being garnished for a single debt.

EEO-1 Report

Annual report filed with the EEOC by private employers with 100 or more employees (and federal contractors with 50+). Requires employers to categorize their workforce by job category, race/ethnicity, and sex. Used by the EEOC to identify patterns of discrimination.

Griggs v. Duke Power Co. (1971)

Established disparate impact discrimination. Duke Power required a high school diploma and intelligence test that were not job-related but disproportionately excluded Black applicants. Ruled that neutral employment practices that disproportionately screen out protected groups are unlawful under Title VII unless they are job-related. You don't have to intend to discriminate for it to be illegal.

Meritor Savings Bank v. Vinson (1986)

Established that sexual harassment is sex discrimination prohibited by Title VII. Recognized two types: quid pro quo (job benefits tied to sexual favors) and hostile work environment (severe or pervasive conduct creating an abusive workplace). Foundation for how HR handles harassment claims today.

Burlington Industries, Inc. v. Ellerth (1998)

Established employer liability standards for supervisor harassment. If harassment results in a tangible employment action (firing, demotion), employer is automatically liable. If no tangible action, employer can use an affirmative defense by showing they had a reasonable anti-harassment policy and the employee failed to use it.

Harris v. Forklift Systems, Inc. (1993)

Clarified the standard for hostile work environment claims. An employee does not need to suffer severe psychological injury and conduct just needs to be severe or pervasive enough that a reasonable person would find the environment hostile or abusive. Both the victim's perspective and a reasonable person standard must be met.

NLRB v. Weingarten (1975)

Established Weingarten rights; union employees have the right to request union representation during any investigatory interview they reasonably believe could result in disciplinary action. The employer is not required to inform the employee of this right but cannot deny the request once made.

EEOC v. Abercrombie & Fitch Stores (2015)

Ruled that employers cannot refuse to hire an applicant to avoid making a religious accommodation, even if the applicant never explicitly requested one. Title VII requires employers to accommodate religious practices unless it causes undue hardship. Motive matters, not just knowledge.

Oncale v. Sundowner Offshore Services (1998)

Established that same-sex sexual harassment is prohibited under Title VII. Sex discrimination consisting of same-sex harassment is actionable regardless of the sexual orientation of the parties involved. Expanded who is protected under Title VII's prohibition on sex discrimination.