Topic Overviews - The Management Association

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Topic Overviews

• ADA: The Americans with Disabilities Act (1990), Title I
  The ADA prohibits discrimination in all aspects of employment on the basis of disability.
  
• ADEA: Age Discrimination in Employment Act (1967)
  Prohibits age discrimination in the workplace.
  
• Affirmative Action
  Federal contractors and subcontractors have affirmative action obligations under Executive Order 11246.
  
• COBRA: Consolidated Omnibus Budget Reconciliation Act of 1985
  The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) gives employees, their spouses and children the right to continue group health coverage when they lose coverage because of certain "qualifying events."
  
• Civil Rights Act of 1991
  Expanded the remedies available for unlawful employment discrimination.
  
• Employment “at-will”
  The general rule of employment in Illinois has been that the employment relationship lasts for no specific duration and is terminable at any time, with or without cause or notice.
  
• Equal Pay Act
  Prohibits paying male and female employees in the same establishment different wages for “substantially equal” work
  
• ERISA: Employee Retirement Income Security Act
  Because of ERISA's broad scope and complex nature and the availability of sources covering ERISA alone, only the statute's key areas will be addressed here.
  
• FLSA: The Fair Labor Standards Act of 1938
  The Fair Labor Standards Act was enacted in 1938 to address high unemployment, discourage substandard wage and protect the educational opporuntities of youth.
  
• FMLA: The Family and Medical Leave Act (1993)
  FMLA mandates unpaid leave time for birth or placement of a child, for the serious health condition of a family member, or for the employee's own serious health condition. Under an amendment to the Act passed in 2008, employees may also take time off for military family leave. The leave may be used to address certain qualifying exigencies related to the covered active duty or call to covered active duty status of a spouse, son or daughter or to care for a covered servicemember who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties.
  
• Harassment/Discrimination
  A review of definitions and issues concerning sexual and workplace harassment.
  
• Jury Duty
  An overview of employer responsibilities concerning employees called to jury or witness duty.
  
• Illinois Criminal Identification Act
  This act limits employers' access to and use of information regarding employees' or applicants' expunged or sealed criminal records.
  
• Illinois Day Labor and Temporary Services Act
  Regulates agencies and employers that place and utilize workers in manufacturing and other non-clerical occupations
  
• Illinois Equal Pay Act
  Requires equal pay for equal work.
  
• Illinois Human Rights Act
  Prohibits discrimination based upon religion, race, color, national origin, citizenship status, ancestry, age, sex, marital status, physical or mental disability, military and military discharge status.
  
• Illinois One Day Rest in Seven Act
  Each employee must be permitted 24 consecutive hours of rest per calendar week in addition to the regular period of rest at the close of each working day.
  
• Illinois School Visitation Rights Act
  Allows employed parents and legal guardians the right to an allotment of time during the school year to attend necessary educational or behavioral conferences at the schools their children attend.
  
• Illinois Wage Payment and Collection Act
  The WPCA regulates the frequency and manner of payment of wages and fringe benefits to employees.
  
• Illinois Whistleblower Act
  Prohibites employers from retaliating against employees for disclosing violations of state or federal law, rule or regulation.
  
• IRCA: The Immigration Reform and Control Act of 1986 / I-9 Forms
  IRCA places responsibility on employers not to hire or retain aliens who are not legally authorized to work in the United States.
  
• Non-Compete Agreements
  Employers may wish to create non-compete agreements with employees to protect their interests.
  
• OSHA: The Occupational Safety and Health Act
  Enacted to provide a means of reducing incidences of illness and injuries caused by safety and health conditions in the workplace.
  
• Recordkeeping: Payroll
  The Fair Labor Standards Act requires employers to maintain certain records for at least three years.
  
• Recordkeeping: Personnel Files
  Keeping clean,accurate personnel files is important for HR efficiency and essential to reducing your risk of liability and litigation.
  
• Title VII of the Civil Rights Act of 1964
  Title VII prohibits discrimination in employment.
  
• USERRA: Uniformed Services Employment and Reemployment Rights Act
  Military leave is governed by the Uniformed Services Employment And Reemployment Rights Act (USERRA).
  
• VESSA: Victim's Economic Security and Safety Act
  This Act provides 12 workweeks of unpaid leave to a part-time or full-time employee who is a victim of domestic or sexual violence or whose family or household member is a victim.
  
• WARN: Worker Adjustment and Retraining Notification Act
  This Act requires covered employers to provide written notices of a plant closing or mass layoff.
  
• Workers' Compensation
  Workers' Compensation is federally mandated but administered by the states. The Illinois Workers' Compensation Act provides employers with immunity from tort liability and gives employees a system of limited benefits for job-related injuries or diseases.
  

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