Vous êtes sur la page 1sur 6

2010 SHRM 1

HR-Related Legislation
The following lists key pieces of HR-related legislation in chronological order.
Although HR Certification Institute does not test dates, it may be helpful to see
the dates so that you can put the legislation into its historical context.

Year Law Basic Provisions
1890 Sherman Anti-Trust Act Prohibits businesses in interstate commerce from contracting,
combining, or conspiring to restrain trade; prohibits attempting
to monopolize the market in a particular area of business.
1914 Clayton Act Exempts unions from the Sherman Anti-Trust Act; limits the use
of injunctions to stop a strike.
1926 Railway Labor Act Provides for the right to organize and for majority choice of
representatives; covers railroad and airline employees.
1931 Davis-Bacon Act Requires payment of specified wage rates and employee
benefits on federal government contracts for public works
construction in excess of $2,000.
1932 Norris-LaGuardia Act Prohibits yellow-dog contracts; prohibits injunctions for
nonviolent activity of unions (strikes, picketing, and boycotts).
1933 National Industrial
Recovery Act
Guarantees employees the right to join unions and bargain
collectively; was declared unconstitutional by the Supreme
Court in 1935; replaced by the National Labor Relations Act.
1934 Copeland Anti-Kickback
Act
Prohibits contractors from inducing anyone in the construction
or repair of public works to give up any portion of the
compensation to which they are otherwise entitled.
1934 Securities and Exchange
Act
Extends the disclosure doctrine of investor protection to
securities listed and registered for public trading on our national
securities exchanges.
1935 National Labor Relations
Act (NLRA; Wagner Act)
Provides for the right to organize and for collective bargaining;
requires employers to bargain; unions must represent all
members equally; covers nonmanagerial employees in private
industry (not already covered by the Railway Labor Act).
1935 Social Security Act Provides income and health care to retired employees and
income to survivors of employees who have died; covers
virtually all employers.
1936 Walsh-Healey Act (Public
Contracts Act)
Guarantees prevailing wages to employees of government
contractors with contracts of $10,000 or more.
1938 Fair Labor Standards Act
(FLSA)
Establishes a minimum wage; sets standards for FLSA
exemptions; addresses basic overtime pay provisions; controls
working hours for children; establishes record-keeping
provisions.
1946 Trademark Act Created federal protection for trademarks and service marks.

HR-Related Legislation (continued next page)

HR-RELATED LEGISLATION


2 2010 SHRM
Year Law Basic Provisions
1947 Labor-Management
Relations Act (LMRA;
Taft-Hartley Act)
Prohibits unfair labor practices of unions; outlaws closed shop;
prohibits strikes in national emergencies; requires both parties to
bargain in good faith; covers nonmanagerial employees in private
industry (not covered by the Railway Labor Act).
1947 Portal-to-Portal Act Amends the FLSA; defines hours worked and describes general
rules for time worked.
1952 U.S. Patent Act Established the U.S. Patent and Trademark Office.
1959 Labor-Management
Reporting and
Disclosure Act
(Landrum-Griffin Act)
Outlines procedures for redressing internal union problems;
protects the rights of union members from corrupt or discriminatory
labor unions; covers all labor organizations.
1963 Equal Pay Act
(amendment to FLSA)
Prohibits unequal pay for males and females with equal skill, effort,
and responsibility under similar working conditions; no employers
are exempt.
1964 Civil Rights Act
(amended by Equal
Employment
Opportunity Act, 1972)
Prohibits discrimination or segregation on the basis of race, color,
religion, gender, or national origin; establishes the Equal
Employment Opportunity Commission; covers employers with 15 or
more employees, employment agencies, and labor unions.
1965 Executive Order 11246 Prohibits discrimination and requires federal contractors and
subcontractors to take positive, results-oriented steps to eliminate
employment barriers to women and minorities.
1965 Service Contract Act Extends prevailing wage rates and benefit requirements to
employers providing services under federal government contracts
in excess of $2,500.
1967 Age Discrimination in
Employment Act,
amended 1978, 1986
Prohibits discrimination against persons age 40 and over; identifies
compulsory retirement for some workers; covers employers with
more than 20 employees.
1968 Consumer Credit
Protection Act
Limits the amount of wages that can be garnished or withheld in
any one week by an employer to satisfy creditors.
1970 Fair Credit Reporting
Act
Requires employers to notify an individual in writing if a report may
be used; employer must also get persons written authorization
before asking credit bureau for report; protects privacy of
background information and ensures that information is accurate.
1970 Occupational Safety
and Health Act (OSHA)
Established first national policy for safety and health; delivers
standards that employers must meet to guarantee the health and
safety of their employees.
1972 Equal Employment
Opportunity Act (EEOA)
Amends Title VII of Civil Rights Act of 1964; increases enforcement
powers of EEOC; adds employees of state and local government
and educational institutions.
1973 Rehabilitation Act,
amended 1980
Prohibits discrimination against persons with physical and/or mental
disabilities and provides for affirmative action; covers government
contractors and federal agencies.

HR-Related Legislation (continued next page)

HR-RELATED LEGISLATION


2010 SHRM 3
Year Law Basic Provisions
1974 Employee Retirement
Income Security Act
(ERISA)
Establishes uniform minimum standards to ensure that employee
benefit plans are established and maintained in a fair and
financially sound manner; protects employees covered by a
pension plan from losses in benefits due to job changes, plant
closings, bankruptcies, or mismanagement; covers most interstate
employers.
1974 Privacy Act Requires that a government entity obtain a government employees
signed release before giving information about that individual to
someone else.
1974 Vietnam Era Veterans
Readjustment
Assistance Act, as
amended by Jobs for
Veterans Act (JVA)
Prohibits discrimination against certain veterans; covers
government contractors with contracts in excess of $25,000.
1976 Copyright Act Defines the protection provided to authors of original works to
exclude others from printing or otherwise duplicating, distributing, or
vending copies of his or her literary, artistic, and other creative
expressions, including through the various means of technology.
1977 Mine Safety and Health
Act
Establishes mandatory mine safety and health standards for
underground and surface mines; covers coal, metal, and nonmetal
mines.
1978 Civil Service Reform
Act
Extends collective bargaining rights to federal employees.
1978 Pregnancy
Discrimination Act
Defines pregnancy as a short-term disability and states that
employees must receive the same benefits as for any other short-
term disability; falls within Title VII prohibition of sexual
discrimination; employers with 15 or more employees are covered.
1978 Revenue Act Adds two important sections to the Tax Code relevant to employee
benefits: Sections 125 and 401(k).
1978 Uniform Guidelines on
Employee Selection
Procedures
Outlines equal employment opportunity principles to more clearly
define adverse impact and test validation; assists employers in
complying with federal regulations prohibiting discrimination.
1980 Guidelines on Sexual
Harassment
Coverage same as the Civil Rights Act of 1964, as amended;
defines standards for what constitutes harassment.
1984 Retirement Equity Act Provides certain legal protections for spousal beneficiaries of
qualified retirement programs.
1985 Consolidated Omnibus
Budget Reconciliation
Act (COBRA)
Amends IRS code and ERISA to require that most employers
provide continued group health insurance coverage to terminated
or separated employees and family members at group rates (plus
administrative costs), paid by employees.
1986 Tax Reform Act Makes extensive changes in the tax laws, including reduction in tax
brackets and all tax rates for individuals.

HR-Related Legislation (continued next page)


HR-RELATED LEGISLATION


4 2010 SHRM
Year Law Basic Provisions
1986 Immigration Reform
and Control Act (IRCA)
Prohibits discrimination against job applicants on the basis of
national origin or citizenship; establishes penalties for hiring illegal
aliens and requires employers to establish each employees identity
and right to work; requires an I-9 to be completed by the employer
and new hire.
1986 Electronic
Communications
Privacy Act (ECPA)
Sets forth provisions for access, use, disclosure, interception, and
privacy protections of electronic communications. Made up of
Wiretap Act, which prohibits interception of e-mails in transmission,
and Stored Communications Act, which protects e-mail in storage.
1988 Drug-Free Workplace
Act
Requires federal contractors with contracts of $100,000 or more to
follow requirements to certify that they are maintaining a drug-free
workplace.
1988 Employee Polygraph
Protection Act
Covers all private employers; makes it unlawful for employers to
use lie detectors in employment decisions except for a few narrowly
defined exceptions.
1988 Worker Adjustment and
Retraining Notification
(WARN) Act
Requires some employers to give at least 60 days notice of plant or
office closings or mass layoffs; covers employers with 100 or more
employees.
1990 Americans with
Disabilities Act (ADA)
Prohibits discrimination against individuals with disabilities; covers
virtually all employers with 15 or more employees.
1990 Older Workers Benefit
Protection Act
Prohibits discrimination with regard to benefits on the basis of age;
covers employers with 20 or more employees; provides terminated
employees with time to consider group termination or retirement
programs and consult an attorney.
1991 Civil Rights Act Expands the possible damage awards available to victims of
intentional discrimination to include compensatory and punitive
damages.
1992 Unemployment
Compensation
Amendments (UCA)
Imposes mandatory 20% federal income tax withholding on
qualified retirement plan proceeds that a recipient does not roll over
into another qualified plan.
1993 Family and Medical
Leave Act (FMLA)
Allows employees to take 12 weeks per year of unpaid leave for
birth or adoption of a child or serious health condition of themselves
or an immediate family member.
1993 Omnibus Budget
Reconciliation Act
(OBRA)
Reduces compensation limits in qualified retirement programs;
triggered increased activity in nonqualified retirement programs as
well as some plan terminations.
1994 Uniformed Services
Employment and
Reemployment Rights
Act (USERRA)
Requires that employers continue benefits and counting credited
service for retirement plan purposes for employees called up for
active duty in the uniformed services of the U.S.
1995 Congressional
Accountability Act
Requires that any federal employee relations legislation enacted by
Congress applies to the employees of Congress as well.

HR-Related Legislation (continued next page)

HR-RELATED LEGISLATION


2010 SHRM 5
Year Law Basic Provisions
1996 Health Insurance
Portability and
Accountability Act
(HIPAA)
Ensures that individuals who leave or lose their jobs can obtain
health coverage even if they or someone in their families has a
serious illness or injury or is pregnant.
1996 Mental Health Parity
Act
Requires health insurance issuers and group health plans to adopt
the same annual and lifetime dollar limits for mental health benefits
as for other medical benefits.
1996 Small Business Job
Protection Act
Affects employee benefit programs, changes the rules concerning
401(k) and IRA accounts, and provides tax incentives for
businesses, along with changes in reporting requirements.
1996 Work Opportunity Tax
Credit (WOTC)
Authorized by the Small Business Job Protection Act of 1996;
encourages employers to hire targeted groups of job seekers by
reducing employers federal tax liability.
1997 Foreign Corrupt
Practices Act (FCPA)
Prohibits American companies from making corrupt payments to
foreign officials for the purpose of obtaining or keeping business.
1997 Taxpayer Relief Act Created tax-advantaged savings mechanisms, including Roth IRAs
and Education IRAs, for individual taxpayers.
2001 Economic Growth and
Tax Relief
Reconciliation Act
(EGTRRA)
Adjusts vesting schedules, increases retirement plan limits, permits
catch-up contributions by participants over age 50 in certain plans,
and modifies distribution and rollover rules.
2001 USA PATRIOT Act Gives federal officials greater authority to take measures to combat
terrorism.
2002 Sarbanes-Oxley Act
(SOX)
Requires administrators of defined contribution plans to provide
notice of covered blackout periods; provides whistleblower
protection for employees.
2002 Homeland Security Act Established to secure the United States against terrorist attacks
and other threats and hazards and ensure safe and secure borders.
2004 Fair and Accurate
Credit Transactions Act
(FACT)
Provides relief to employers using third parties to conduct
workplace investigations; consent and disclosure requirements
need not be followed if investigation involves suspected
misconduct, a violation of the law or regulations, or a violation of
preexisting written policies of the employer.
2006 Pension Protection Act Changes the laws that affect defined benefit and contribution plans,
individual retirement accounts, and other issues related to
retirement planning.
2008 National Defense
Authorization Act
Provides additional FMLA leave for military families, expanding
FMLA to include employees caring for an injured service member
as well as those who have a family member called to active duty.
2008 ADA Amendments Act Amendments to Americans with Disabilities Act covering mitigating
measures and definition of individuals regarded as having a
disability.

HR-Related Legislation (continued next page)

HR-RELATED LEGISLATION


6 2010 SHRM
Year Law Basic Provisions
2008 Genetic Information
Nondiscrimination Act
(GINA)
Prohibits discrimination against individuals on the basis of their
genetic information in both employment and heath care.
2009 Lilly Ledbetter Fair Pay
Act
Creates a rolling time frame for filing wage discrimination claims;
retains the 180-/300-day time frame outlined in the Title VII but
allows the clock to renew each time employees receive
compensation that is based on a discriminatory decision by the
employer.
2009 American Recovery
and Reinvestment Act
(ARRA)
Includes significant changes to COBRA continuation coverage rules
and imposes new requirements regarding HIPAA.

HR-Related Legislation (concluded)

Vous aimerez peut-être aussi