Workers’ compensation

Workers’ compensation is enforced by the states and requires employers to provide workers’ compensation insurance for the benefit of their employees who are injured while they are working. Certain maritime employees are covered by the Longshore and Harbor Workers’ Compensation Act.

Employees of the Department of Energy are covered by the Energy Employee Occupational Illness Compensation Program Act, which provides lump-sum payments of $150,000 as well as medical benefits for people who develop cancer because of their exposure to beryllium, silica or radiation. Federal employees who suffer personal injuries while they are working are covered by the Federal Employees’ Compensation Act. It provides benefits for partial or total disability, vocational rehabilitation and medical costs.

Benefits security

Employers that offer benefits plans or pensions are governed by the Employee Retirement Income Security Act. This law imposes a broad range of reporting, disclosure and fiduciary requirements on the administrators of welfare benefit plans and pensions.

Unions

The Labor-Management Reporting and Disclosure Act governs the relationship between unions and their members. Labor organizations are required to file annual financial reports and reports about their labor relations practices.

Whistleblower protections

Whistleblowing employees are protected by numerous public safety and labor laws. OSHA is responsible for enforcing these protections that are contained in most of the laws.

Uniformed Services Employment and Reemployment Rights Act

People who serve in the military, including the National Guard and the reserves, are covered by the Uniformed Services Employment and Reemployment Rights Act. These people have rights to be reemployed with the employers for which they worked when they first entered their military service.

Polygraph tests

The Employee Polygraph Protection Act prohibits most employers from using polygraphs on employees but allows their use in limited circumstances.

The Family and Medical Leave Act

Employers that have 50 or more employees within a 75-mile radius must provide eligible employees with up to 12 weeks of job-protected unpaid leave so that they can care for their serious illnesses or those of their family members. Employees must also be granted leave for the adoption or birth of a child.

Government grants, contracts and financial aid

Companies that receive government grants, contracts or financial aid must comply with certain occupational standards. Under the Davis-Bacon Act, the covered employers must pay the prevailing benefits and wages to the employees of government contractors. The McNamara-O’Hara Service Contract Act establishes labor standards and wage rates for federal government contractors. The Wage and Hour Division is tasked with enforcing and administering these laws.

Migrants and seasonal agricultural workers

Employers that hire agricultural workers and migrants are covered by the Migrant and Seasonal Agricultural Worker Protection Act. This law establishes wage protections, transportation and housing standards and disclosure requirements. Agricultural workers are exempted under the Fair Labor Standards Act from overtime pay, but larger farms must pay their workers at least the minimum wage. Employers who need to use foreign workers with H-2A visas must get labor certificates under the Immigration and Nationality Act.

Mine safety

People who work in mines or on mine property are protected by the Federal Mine Safety and Health Act. This law makes mine operators responsible for protecting the health and safety of mine workers and establishes safety and health rules, training requirements and inspections.

Construction

The construction industry is covered by several laws and agencies. They must comply with safety and health standards that are enforced by OSHA, wage and benefits laws that are administered by the Wage and Hour Division and other rules that apply to federal construction contractors.

Transportation

OSHA enforces safety and health standards for the maritime industry under the Longshore and Harbor Workers’ Compensation Act. Mass transit workers are protected by the federal transit laws.

Layoffs and plant closings

Some layoffs and plant closings may be governed by the Worker Adjustment and Retraining Notification Act. This law provides employees with notice of impending plant closings or layoffs.

In addition to these laws, there are many others with which employers must comply. To learn more about the laws that apply to you, schedule an appointment with the attorneys at Swartz Swidler.