US Employment and Law Regulations Definitions

Form I-9

A form used in the U.S to verify an employees identity and work authorization.

1) Employee brings documentation and fills out Section 1.

2) Employer looks over documentation and records the information on the Section 2.

Document Types

• List A; proves identity + work authorization

• List B; proves identity

• List C; proves work authorization

U.S Citizen: U.S. passport (A), Driver's license (B), Social Security Card (C)

Non Citizen: Green Card (A), Foreign passport + Form I-94, Employment Authorization Document (EAD) (A).

E- Verify

Online system employers can use to electronically confirm the employment eligibility information from the I-9.

FCRA (Fair Credit Reporting Act)

Protects job applicants and employees by regulating how employers obtain and use their background and consumer reports when making employment decisions.

ERISA (Employee Retirement Income Security Act)

A federal law that protects employees’ employer-sponsored retirement and health benefit plans by setting rules for managing funds and ensuring employees receive the benefits they are entitled to.

Lilly Ledbetter Fair Pay Act

A law that makes it easier for employees to challenge ongoing pay discrimination.

Preceded by Ledbetter v. Goodyear Tire & Rubber Co. (2007)

NLRA (National Labor Relations Act)

Protects employees' right to organize unions.

LMRA (Labor Management Relations Act)

A law that regulates employer–union relationships and protects employees from certain unfair union practices.

LMRDA (Labor-Management Reporting and Disclosure Act)

Protects union members’ rights and requires unions to be transparent about their finances and how they operate.

WARN Act

Requires certain employers to give advance notice of major layoffs

Employee Polygraph Protection Act.

Prevents private employers from performing lie-detector tests on employees.

OSHA (Occupational Safety and Health Administration)

Establishes and enforces rules to keep workplaces safe and healthy.

Drug-Free Workplace Act

Requires certain federal contractors and organizations receiving federal grants to prevent and address illegal drug use in the workplace.

Workers’ compensation

Provides employees with benefits for work-related injuries or illnesses.

Title VII

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

ADEA (Age Discrimination in Employment Act)

Protects workers 40 and older from age discrimination.

Rehabilitation Act

Like the ADA but followed by federal agencies, contractors, and federally funded programs.

GINA (Genetic Information Nondiscrimination Act)

Prevents employers from discriminating based on genetic information.

Employee selection guidelines

Rules for making hiring and promotion decisions fairly and without unlawful discrimination

Deferred Action for Childhood Arrivals (DACA)

A U.S. policy that gives temporary protection from deportation and work permits to certain undocumented immigrants who came to the country as children

Immigration Reform and Control Act (IRCA) of 1986

Requires employers to verify that employees are legally authorized to work in the U.S. and prohibits knowingly hiring unauthorized workers.

H-1B Visa

Temporary work visa for qualified foreign workers in specialty occupations.

Green Card

Permanent resident status that allows a person to live and work permanently in the U.S.

F-1 Visa

Student visa for international students studying in the U.S.; may allow certain forms of authorized employment.

Overtime

Under the FLSA, covered nonexempt employees generally receive at least 1.5 times their regular rate for hours worked over 40 in a workweek.

Equal Pay Act of 1963

Requires men and women performing substantially equal work in the same workplace to receive equal pay, subject to permitted differences.

Affordable Care Act — Break Time for Nursing Mothers (2010)

Requires covered employers to provide reasonable break time and a private space for eligible employees to pump breast milk.

Weingarten Rights

Give union employees the right to have a union representative present during an investigatory interview that could lead to discipline.

Preceded by NLRB v. Weingarten (1975)

Lechmere, Inc. v. NLRB (1992)

Supreme Court case concerning when union organizers may access an employer’s property to communicate with employees.

Pregnancy Discrimination Act of 1978

Amended Title VII to prohibit discrimination because of pregnancy, childbirth, or related medical conditions.

Americans with Disabilities Act (ADA) of 1990

Prohibits employment discrimination against qualified individuals with disabilities and requires reasonable accommodations when applicable.

Griggs v. Duke Power Co. (1971)

Supreme Court case establishing that employment practices that appear neutral can violate Title VII if they disproportionately exclude protected groups and are not job-related and consistent with business necessity.

McDonnell Douglas Framework

Framework for proving discrimination using circumstantial evidence.

Preceded by McDonnell Douglas Corp. v. Green (1973)