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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
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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
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Employer Pension and Welfare (Benefits) Legislation Workers’ Compensation (1911) – covers workers hurt in job-related accidents; no- fault coverage Social Security Act (1935) – established retirement for older workers; survivors’ benefits; disability; and Medicare; also established Unemployment Fund Insurance for covered employees
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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 60- day notice of plant closings/layoffs
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Employer Pension - continued Health Insurance Portability & Accountability Act (1996) – covers the portability of employee health insurance when changing jobs
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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 self- employed contribute to retirement plan Tax Reform Act (1976) – redefined legal, tax-exempt benefits received by employees
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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
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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
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Antidiscrimination-Continued Americans with Disabilities Act (1990) – prohibits discrimination of disabled; Defines disability Essential functions Reasonable accommodation
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Antidiscrimination - Continued Civil Rights Act Amendment (1991) Jury trials Burden of proof to employer Punitive damages Disparate Impact Affirmative Action
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