William J. Rothwell - Effective Succession Planning (2005)(3-e)(en)

Name of Law

and Date of

Enactment

Legal Citation

Brief Description of Key Provisions

Davis-Bacon

40 U.S.C. and

The Davis-Bacon Act applies to federal con-

Act (1931)

sect; 276 et

struction and repair contracts over $2,000.

seq.

The Act requires contractors to pay their em-

ployees a specified minimum wage deter-

mined by the Secretary of Labor to be

prevailing for similar work in that geographic

area. Over 60 other federal laws make com-

pliance with Davis-Bacon provisions a precon-

dition for state and local contracts when a

portion of the funding for those contracts

comes from the federal government. The Act is

enforced by the Wage and Hour division of the

Department of Labor.

The National

29 U.S.C. and

The National Labor Relations Act protects the

Labor Relations

sect; 151

right of employees to choose whether to be

Act (Wagner

represented by a union. The Act protects

Act and Taft-

against coercion by employers or unions in

Hartley Act)

making this choice and establishes the ground

(1947)

rules for union representation elections. The

Act establishes collective bargaining between

employers and unions. The Act is enforced by

the National Labor Relations Board.

Fair Labor Stan-

29 U.S.C. and

The Fair Labor Standards Act provides mini-

dards Act

sect; 201 et seq

mum wage and overtime requirements. Under

(1938)

the FLSA all nonexempt employees are entitled

to cash overtime for all hours worked over 40

in a workweek. The Act is enforced by the

Wage and Hour Division of the Department of

Labor and private lawsuits.

Labor-

29 U.S.C. and

The Labor-Management Reporting and Dis-

Management

sect; 401 et seq

closure Act, or the Landrum-Griffin Act, estab-

Reporting and

lishes a set of rights for employees who are

Disclosure Act

members of unions. They include the right to

(Landrum-

vote, attend meetings, meet and assemble with

Griffin Act)

other members, and freely express views and

(1959)

opinions. The Act also requires all labor

unions to adopt a constitution and bylaws, and

Exhibit 6-8.

(continued)

Name of Law

and Date of

Enactment

Legal Citation

Brief Description of Key Provisions

wage and fringe benefits plan determined by

the Secretary of Labor to be prevailing in the

locality. The Act is enforced by the Wage and

Hour Division of the Department of Labor.

Age Discrimi-

29 U.S.C. and

The Age Discrimination in Employment Act, or

nation in Em-

sect; 621 et

ADEA, makes it unlawful for an employer with

ployment Act

seq.

20 or more employees to discriminate against

(1967)

individuals that are 40 years or older, with re-

spect to hiring, compensation, terms, condi-

tions, and privileges of employment on the

basis of age. The Act is enforced by the Equal

Employment Opportunity Commission.

Federal Coal

30 U.S.C. and

This Act empowers the Secretaries of Labor

Mine Health

sect; 801 et

and Health and Human Services to promul-

and Safety Act

seq.

gate health and safety standards for the mining

(1969)

industry. The Act is enforced by the Mine Safety

and Health Administration of the Department

of Labor.

Occupational

29 U.S.C. and

The Occupational Safety and Health Act, or

Safety and

sect; 553, 651

OSHA, requires all employers to provide a

Health Act

et seq.

workplace that is free from recognized hazards

(1970)

that cause, or are likely to cause, death or seri-

ous physical harm to employees. The Act also

establishes the Occupational Safety and

Health Administration, which is responsible for

promulgating workplace safety standards and

regulations for various industries. The Act is

enforced by the Occupational Safety and

Health Administration.

Rehabilitation

29 U.S.C. and

The Rehabilitation Act prohibits employers that

Act (1973)

sect; 701 et

receive federal grants, loans, or contracts from

seq.

discriminating in their employment practices

against individuals with disabilities. The Act is

enforced by the Department of Labor.

Name of Law

and Date of

Enactment

Legal Citation

Brief Description of Key Provisions

Multi-Employer

29 U.S.C. and

This Act regulates the operation of multi-

Pension Plan

sect; 1001a et

employer pension plans and provides protec-

Amendments

seq.

tion and guarantees for the participants and

Act (1980)

beneficiaries of distressed plans. The Act is en-

forced by the Pension and Welfare Benefits Ad-

ministration of the Department of Labor.

Job Training

29 U.S.C. and

This Act creates Private Industry Councils com-

Partnership Act

sect; 1501 et

posed of business owners and executives as

(1982)

seq.

well as representatives of organized labor to

assist state and local governments in the devel-

opment and oversight of job training pro-

grams. The Act is enforced by the Employment

and Training Administration of the Department

of Labor.

Migrant and

29 U.S.C. and

This Act governs the terms and conditions of

Seasonal

sect; 1801 et

employment for migrant and seasonal agricul-

Agricultural

seq.

tural workers and regulates the employment

Protection Act

practices of agricultural employers, agricul-

(1983)

tural associations, and farm labor contractors.

The Act is enforced by the Wage and Hour Di-

vision of the Department of Labor and by pri-

vate lawsuits.

Immigration

29 U.S.C. and

The Immigration Reform and Control Act, or

Reform and

sect; 1802 et

IRCA, requires employers to verify that appli-

Control Act

seq.

cants for employment are authorized to work

(1986)

in the United States. The Act provides civil and

criminal penalties for knowingly employing un-

authorized aliens and also prohibits discrimi-

nation based on national origin or citizenship

if the alien is authorized to work. The Act is

enforced by the Department of Justice and the

Immigration and Naturalization Service.

Name of Law

and Date of

Enactment

Legal Citation

Brief Description of Key Provisions

Older Workers

29 U.S.C. and

This amendment to the Age Discrimination in

Benefit Protec-

sect; 623 et

Employment Act makes it unlawful for an em-

tion Act (1990)

seq.

ployer to discriminate with respect to employee

benefits on the basis of age. It also regulates

early retirement incentive programs. The Act is

enforced by the Equal Employment Opportu-

nity Commission.

Civil Rights Act

42 U.S.C. and

The Civil Rights Act of 1991 amended the

(1991)

sect; 1981 et

1964 act, and the Americans with Disabilities

seq.

Act (ADA), to allow compensatory and punitive

damages, but places caps on the amounts that

can be awarded. The Act also provides for jury

trials in suits brought under these laws.

Family and

29 U.S.C. and

The Family and Medical Leave Act, or FMLA,

Medical Leave

sect; 2601 et

requires that employers with 50 or more em-

Act (1991)

seq.

ployees provide up to 12 weeks of unpaid

leave, within any 12-month period, to employ-

ees for the care of a newborn or adopted

child, for the care of a seriously ill family mem-

ber, or for treatment and care of the employ-

ee’s own serious medical condition. The Act is

enforced by the Wage and Hour Division of

the Department of Labor.

Congressional

2 U.S.C. and

When many of the above laws were enacted,

Accountability

sect; 1301 et

Congress was expressly exempted from com-

Act (1995)

seq.

pliance. The Congressional Accountability Act

extends coverage of eleven laws to Congress

in its capacity as an employer.

Starting a Systematic Program

155

Refining the Program

157