REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW: VARIOUS LAWS
HEALTH INFORMATION
HIPAA/ADA. The Health Insurance Portability and Accountability Act requires the protection of certain personal health information from disclosure. Employers who provide heath benefits to employees through self-insurance or are otherwise in possession of personal health information of employees or clients are subject to HIPAA’s provisions. An employer must provide employees with notice of their rights and a description of company privacy practices. The employer also must provide privacy training for employees with access to personal health information. Both HIPAA and the Americans with Disabilities Act require that employee medical records be kept separate from personnel files.
LAYOFFS AND PLANT CLOSINGS
WARN. The Worker Adjustment Retraining and Notification Act requires employers to provide sixty days’ advance notification to employees and certain government agencies of certain temporary and permanent mass layoffs and plant closings. The Act applies to employers with 100 or more employees, and requires notice of (1) any single-site plant closing that will result in employment loss for 50 or more full time employees; (2) any layoff of 500 or more employees, or (3) any layoff of 50 employees and at least 33% of the workforce during a 30 day period.
SAFETY
OSHA. The Occupational Safety and Health Act sets forth industry-specific safety standards with which employers must comply. It requires all employers to keep the workplace free from recognized hazards likely to cause death or serious physical harm.
LIE DETECTOR TESTS
EPPA. The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either as part of the pre-employment process or during the course of employment, under most circumstances. In circumstances where such tests are permissible, the EPPA requires employers to provide the appropriate employee with notice of rights.
ELECTRONIC MONITORING
ECPA. The Electronic Communications Privacy Act prohibits unauthorized, intentional interception or disclosure of employees’ personal communications. The Act covers wire, oral and electronic communications, and includes access to stored communications, but allows for certain limited exceptions: (1) where express or implied consent has been given; and (2) in the "ordinary course of business," i.e., when the employer has a legitimate business reason to monitor.
BACKGROUND CHECKS
FRCA The Fair Credit Reporting Act regulates employers’ access to and use of background and credit reports on employees and applicants compiled by third party reporting agencies. The Act requires authorization to obtain such reports under most circumstances, and disclosure of the report to the employee/applicant when the report results in an adverse employment action. FACTA The Fair and Accurate Credit Transactions Act requires all employers that collect personally identifying information or acquire consumer reports on employees to safeguard such information and to employ "reasonable measures" to destroy it before discarding it.
EMPLOYMENT ELIGIBILITY VERIFICATION
IRCA Under the Immigration Control and Reform Act, employers must have new hires complete Form I-9, the "Employment Eligibility Verification Form," issued by United States Citizenship and Immigration Services. On this form, applicants confirm that they are either U.S. citizens or aliens authorized to work in the United States. IRCA prohibits the hiring of undocumented workers, and makes the employer responsible for ensuring that Form I-9 is properly completed and that required identification documents are produced.
REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW. This guide provides information about the basic requirements for employers under federal labor and employment laws. Greenwald Doherty’s REFERENCE GUIDE TO FEDERAL EMPLOYMENT LAW is for informational purposes only and is not legal advice, or a substitute for legal advice. These materials have been prepared by Greenwald Doherty LLP and should not be reproduced without permission. © 2009 Greenwald Doherty LLP, all rights reserved.