On this page you will read detailed information about 8 Major Federal Employment Laws.
In the past, employees had no control over hiring and promotion decisions, much alone safety and benefits related to their jobs. However, the 20th century saw a surge in the fight for employee rights, which led to a number of significant labor protection legislation that are still in place today and are relied upon by millions of Americans.
Approximately 180 worker protection regulations, ranging from wage requirements to parental leave benefits, are currently enforced by the U.S. Department of Labor. Organizations like the U.S. Equal Employment Opportunity Commission oversee further protections. These are the eight main governmental protections that employees are entitled to.
8 Major Federal Employment Laws
1. The Minimum Wage
According to the Fair Labor Standards Act (FLSA), American workers are entitled to a minimum wage. While some lawmakers have attempted to raise the minimum wage, most private and public firms have been required to pay employees at least $7.25 per hour since 2009. Furthermore, nonexempt workers’ rights to time-and-a-half compensation for any overtime they work are guaranteed by the FLSA.
Additionally, the law provides additional protections for youngsters. It restricts how many hours children under 16 can work in non-agricultural jobs. The FLSA also forbids companies from employing people under the age of 18 for some high-risk positions.
2. Workplace Safety
The 1970 Occupational Safety and Health Act significantly reduced workplace hazards in the United States. The law established industry-specific safety regulations for occupations in construction, shipping, and agriculture, among other areas. Additionally, the act has a “General Duty Clause” that forbids any workplace behavior that poses an obvious risk to employees.
The legislation is primarily enforced by the Occupational Safety and Health Administration (OSHA), while state agencies may also be involved in carrying out certain requirements. The law exempts self-employed people and those working on small family farms, among others, even if the protections apply to the majority of employees.
3. Health Coverage
The Affordable Care Act, which was first passed in 2010, promised to guarantee health insurance to employees of the majority of medium- and large-sized enterprises. Companies with 50 or more full-time employees must provide them with a certain level of health insurance under the Employer Shared Responsibility Payment clause, or risk paying a hefty fine. An individual must work an average of at least 30 hours per week in order to be considered a “full-time” employee.
4. Social Security
A financial safety net for retired and handicapped Americans was established in 1935 when President Franklin D. Roosevelt signed the Social Security Act into law.
The average monthly Social Security payout for 65.5 million persons as of April 2022 was $1,361 for citizens with disabilities (family members of a disabled worker) and $1,666 for pensioners (family members of a retired worker).
The payroll tax that pays for these benefits may show up on your pay stub as “OASDI.” Up to a maximum annual contribution, employers and employees each contribute 6.2% of the employee’s income.
Self-employed people pay the entire tax, which is 12.4% of their income, with half of that amount being tax deductible.
5. Unemployment Benefits
Jobless benefits are provided through a joint federal-state scheme, despite the fact that each state has its own unemployment insurance agency. States oversee unemployment benefits, although they must adhere to certain federal regulations.
People must meet state-specific requirements and have been unemployed for uncontrollable circumstances, such as a layoff or dismissal, in order to be eligible for benefits. Benefits are typically paid for up to 26 weeks, though they are occasionally extended during difficult economic times.
The U.S. unemployment system guarantees Americans at least a few months of security when they temporarily leave the working, while being less generous than unemployment benefits in several European nations.
6. Whistleblower Protections
When an employee reports their employer for breaking the law, they are protected by a patchwork of federal statutes. Protections for whistleblowers are frequently incorporated into other laws that oversee a sector. For instance, the Consumer Product Safety Improvement Act provides protection to individuals who reveal illegal manufacturing practices, while the Clean Air Act protects those who draw attention to infractions of environmental laws.
The primary agency in charge of defending the rights of workers who might be afraid of losing their jobs or facing other retaliation if they come forward is OSHA’s Whistleblower Protection Program. Within 30 days following the occurrence, employees who believe they have been the target of retaliation for reporting business infractions should submit a complaint to their local OSHA office.
In the previous post, we had shared information about Understanding the Right to Work Law in the United States, so read that post also.
7. Family Leave
In 1993, the Family and Medical Leave Act (FMLA) was passed into law by President Bill Clinton. As a result, eligible workers who choose to stay at home following the birth or adoption of a child or in the event of a serious illness affecting a family member or themselves are granted up to 12 weeks of unpaid leave annually.
One must have worked at least 1,250 hours throughout the previous year and been employed by the firm for at least 12 months in order to be eligible for FMLA benefits. Only companies with at least 50 workers within a 75-mile radius are subject to the regulation.
8. Employment-Based Discrimination
In America, the Civil Rights Act of 1964 marked a turning point for social justice, particularly in the area of employment. Title VII of the Act forbade discrimination on the basis of “race, color, religion, sex, or national origin” by businesses. “Title VII of the Civil Rights Act of 1964.” U.S. Equal Opportunity Employment Commission. Forty-five years later, the Lilly Ledbetter Fair Pay Act of 2009, which forbade salary discrimination against women and minorities, substantially reinforced workplace rights.
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