Management Insights: As You Grow - Basic Federal Laws

Here are some federal laws which apply as you add employees. Note that state and local laws may have different requirements. This list highlights some of the major areas but not all federal laws.

Any employer:

• Fair Labor Standards Act: governs wages and overtime.
• IRCA: Immigration law also governs who may work in the US and proofs required.
• USERRA: governs rights of employees called to active duty and employer requirements

Fifteen (15) or more employees, over past 20 weeks:

• Civil Rights Laws (EEO)
• Pregnancy Discrimination
• ADA (disability)

Twenty (20) or more employees:

• ADEA (Age Discrimination)
• COBRA (medical) - 20 or more employees in the past plan year
• HIPAA (medical) -same as COBRA

Fifty (50) or more employees:

• FMLA (family/medical leave) - unpaid

Anti-discrimination rules:

• EO 11246 - any employer with over $10,000 in federal contracts in 12 months
• Rehabilitation Act - same as EO 11246
• Vietnam Veterans Act - over $25,0000 in federal contracts in 12 months

ERISA (covers insured benefits, retirement plans) - no report is required if under 100 employees and plans are fully insured. IRS form 5500C/R if under 100 employees but plans are not fully insured.

Over 100 employees:

• EEO-1 report must be filed annually
• WARN Act sets requirements for layoffs and site closures
• ERISA - IRS form 5500 if over 100 employees

Further information about these laws is available on federal government websites (information on assistance and services as well as laws) at: http://www.doleta.gov/programs/factsht.

Information on overview of laws and services for businesses and nonprofits can be found at: http://www.firstgov.gov/Business/Business_Gateway.shtml

Also check your local and state agencies or their websites.

Up to Top ^

« Back to Main Articles Page