Employment Law Overview

by Lisa McCormack

August 2018 Presentation at Coast Women in Business

As an employer, it’s important to understand which employment laws apply to your company based on the number of employees you have. The chart below helps you understand your compliance requirements for many topics; others may apply also – such as additional laws for federal contractors (e.g., Drug Free Workplace Act).

Resources

Other useful resources include:

• California Department of Industrial Relations
• Laws Enforced by EEOC
• Summary of the Major Laws of the Department of Labor
• Workplace Laws Enforced by Other Federal Agencies

California Laws

Law/Requirement	All	2 or more	4 or more	5 or more	15 or more	20 or more	25 or more	50 or more	75 or more	100 or more
AB1396 Written Sales Commission Plans	X	X	X	X	X	X	X	X	X	X
AB1825 Sexual Harassment Training								X	X	X
Bone Marrow and Organ Donor Leave					X	X	X	X	X	X
CAL-COBRA		X	X	X	X	X Add’l reqs.	X	X	X	X
California Family Rights Act (CFRA)								X	X	X
Civil Air Patrol Leave					X	X	X	X	X	X
Crime Victims Leave	X	X	X	X	X	X	X	X	X	X
Disability Insurance	X	X	X	X	X	X	X	X	X	X
Domestic Violence, Sexual Assault, and Stalking Leave	X	X	X	X	X	X	X	X	X	X
Domestic Violence, Sexual Assault, and Stalking Leave – Treatment							X	X	X	X
Employee Safety	X	X	X	X	X	X	X	X	X	X
Fair Employment and Housing Act (FEHA)				X	X	X	X	X	X	X
Independent Contractor Reporting	X	X	X	X	X	X	X	X	X	X
Jury Duty or Witness Leave	X	X	X	X	X	X	X	X	X	X
Kin Care Leave	X	X	X	X	X	X	X	X	X	X
Lactation Accommodation	X	X	X	X	X	X	X	X	X	X
Literacy Leave							X	X	X	X
Military Spouse Leave							X	X	X	X
New Hire Reporting	X	X	X	X	X	X	X	X	X	X
Paid Family Leave (PFL)	X	X	X	X	X	X	X	X	X	X
Posters and Notices	X	X	X	X	X	X	X	X	X	X
Pregnancy Disability Leave (PDL)
School Attendance Leave	X	X	X	X	X	X	X	X	X	X
School Activities							X	X	X	X
Sick Leave	X	X	X	X	X	X	X	X	X	X
Smoking in the Workplace	X	X	X	X	X	X	X	X	X	X
Unemployment Insurance	X	X	X	X	X	X	X	X	X	X
Volunteer Civil Services Leave	X	X	X	X	X	X	X	X	X	X
Volunteer Firefighter Training								X	X	X
Wage Theft Protection Act	X	X	X	X	X	X	X	X	X	X
Worker Adjustment and Retraining Notification Act (WARN)									X	X
Workers’ Compensation	X	X	X	X	X	X	X	X	X	X

Federal Laws

Law/Requirement	All	2 or more	4 or more	5 or more	15 or more	20 or more	25 or more	50 or more	75 or more	100 or more
Age Discrimination in Employment Act (ADEA)						X	X	X	X	X
Affirmative Action								X	X	X
Americans with Disabilities Act (ADA)					X	X	X	X	X	X
Child Labor	X	X	X	X	X	X	X	X	X	X
COBRA						X	X	X	X	X
EEO-1 Reporting								See link for details on who must file
Employee Retirement Income Security Act (ERISA)	X	X	X	X	X	X	X	X	X	X
Equal Pay Act	X	X	X	X	X	X	X	X	X	X
Employee Polygraph Protection Act (EPPA)	X	X	X	X	X	X	X	X	X	X
Executive Order 11246					X	X	X	X	X	X
Fair Credit Reporting Act	X	X	X	X	X	X	X	X	X	X
Fair Labor Standards Act (FLSA)	X	X	X	X	X	X	X	X	X	X
Family and Medical Leave (FMLA)								X	X	X
Genetic Information Nondiscrimination Act (GINA)					X	X	X	X	X	X
Health Insurance Portability and Accountability Act (HIPAA)	X	X	X	X	X	X	X	X	X	X
Immigration Reform and Control Act (IRCA)	X	X	X	X	X	X	X	X	X	X
Lilly Ledbetter Fair Pay Act	X	X	X	X	X	X	X	X	X	X
National Origin Discrimination					X	X	X	X	X	X
Occupational Safety and Health Act	X	X	X	X	X	X	X	X	X	X
Posters and Notices	X	X	X	X	X	X	X	X	X	X
Pregnancy Discrimination					X	X	X	X	X	X
Race and Color Discrimination					X	X	X	X	X	X
Rehabilitation Act					X	X	X	X	X	X
Religious Discrimination					X	X	X	X	X	X
Retaliation	X	X	X	X	X	X	X	X	X	X
Sex-Based Discrimination and Harassment					X	X	X	X	X	X
Title VII of the Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991					X	X	X	X	X	X
Uniformed Services Employment and Re-Employment Rights Act (USERRA)	X	X	X	X	X	X	X	X	X	X
Wages and Hours	X	X	X	X	X	X	X	X	X	X
Worker Adjustment and Retraining Notification Act (WARN)										X

Note: The above/attached information is not legal advice. It should not be considered a legal opinion as to which laws apply or as to how any law applies to a particular situation. Companies or individuals should seek advice of counsel with regards to their particular situation.

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About the Presenter

Lisa McCormack has spent over 30 years as a human resources (HR) practitioner and leader, working with large and small companies undergoing rapid growth and change. Certified as a Senior Professional in Human Resources (SPHR) and a Strategic Human Resource Management Senior Certified Professional (SHRM-SCP), she holds a Bachelor’s degree in industrial and organizational psychology from San Jose State University. Lisa is a principal at Affogato HR Consulting, which works with businesses to implement practical, appropriate, and compliant HR solutions.

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About Coast Women in Business

Coast Women in Business supports the business community on the Mendocino coast. We meet monthly to foster entrepreneurship and professional development on the Mendocino Coast and beyond. Membership fees are $50 annually or $10 per drop-in meeting.

Note: We welcome all – all races, all genders, all countries of origin, all sexual orientations.

Your first meeting is always free, and we offer a limited number of need-based memberships—please inquire. We’re sponsored by the Women’s Business Center at the West Business Development Center. We look forward to seeing you at our next meeting!

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