Wage & Hour Legislation

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Wage & Hour Legislation
Davis-Bacon Act (1931) – construction
contractors/subcontractors paid prevailing
area wages if working on federal contracts
>$2,000
 National Labor Relations Act (1935) –
employees have right to join union and
collectively bargain over wages, hours, and
conditions of work

Wage & Hour - continued

Walsh-Healey Public Contracts Act (1936) requires federal government to pay
prevailing wage rates and time-and-half for
work exceeding 8 hours/day and 40
hours/week on contracts > $10,000
 Fair Labor Standards Act (1938) – sets
minimum wage; overtime provisions; and
regulates working hours for < 18 years
Employer Pension and
Welfare (Benefits) Legislation
Workers’ Compensation (1911) – covers
workers hurt in job-related accidents; nofault coverage
 Social Security Act (1935) – established
retirement for older workers; survivors’
benefits; disability; and Medicare; also
established Unemployment Fund Insurance
for covered employees

Employer Pension - continued
Employee Retirement Income Security Act –
ERISA (1974) – set up to protect pension plans
from company failures; established Pension
Benefits Guaranty Corporation to cover
employers; also established vesting rights,
vesting schedules, and transferability
 Worker Adjustment & Retraining Notification
Act (1988) – requires employers to provide 60day notice of plant closings/layoffs

Employer Pension - continued

Health Insurance Portability &
Accountability Act (1996) – covers the
portability of employee health insurance
when changing jobs
Tax Treatment Legislation
Internal Revenue Code (1954) –
established current tax laws covering
treatment of certain wages and benefits
 Self-Employment Individual Tax
Retirement Act (1962) – plan to let selfemployed contribute to retirement plan
 Tax Reform Act (1976) – redefined legal,
tax-exempt benefits received by employees

Antidiscrimination Legislation

Equal Pay Act (1963) – requires equal pay
for men and women in jobs requiring same
skill, effort, responsibility, and working
conditions
– Exclusions
• Seniority
• Merit
• Quantity/Quality
• Any other factor other than gender
Antidiscrimination - continued
Civil Rights Act Title VII (1964) – prohibits
employment decisions based on race, color,
religion, gender, or national origin
 Age Discrimination Act (1967) – prohibits
discrimination based on age (40 & older)
 Pregnancy Discrimination Act (1978) –
prohibits discrimination based on pregnancy

Antidiscrimination-Continued

Americans with Disabilities Act (1990) –
prohibits discrimination of disabled;



Defines disability
Essential functions
Reasonable accommodation
Antidiscrimination - Continued

Civil Rights Act Amendment (1991)



Jury trials
Burden of proof to employer
Punitive damages
Disparate Impact
Affirmative Action
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