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Federal & Ohio Employment Statutes

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Benefits

Federal

Employee Retirement Income Security Act (ERISA) (1974) 29 U.S.C. § 1001, et seq.

Establishes standards and requirements for the administration of employee benefit and welfare plans (such as health disability and retirement plans), to ensure employees will actually receive employer provided benefits. ERISA also covers part-time employees working 1,000 hours a year

Federal

Uniform Guidelines of Employee Selection Procedures (1978) 29 C.F.R. § 1607.14

Prohibits employer selection policies and practices from having an adverse impact on the employment opportunities for any race, sex, or ethnic group unless it is a business necessity

Federal

Consolidated Omnibus Budget Reconciliation Act (COBRA) (1985) 29 U.S.C. § 1166

Requires employers to permit employees to extend their health insurance coverage at group rates for up to 36 months following a qualifying event

Ohio

Ohio health insurance continuation R.C. § 3923.38

Provides for 12 month continuation of health insurance coverage for Ohio employers with less than 20 employees

Ohio

Ohio life insurance continuation R.C. § 3917.06(H)

Provides that an insured or insured’s dependents who are covered by a group life policy are entitled to have an individual policy issued upon termination of employment

Ohio

Ohio life insurance continuation R.C. § 3917.06(H)

Provides that an insured or insured’s dependents who are covered by a group life policy are entitled to have an individual policy issued upon termination of employment

Wage & Hour Laws

Federal

Fair Labor Standards Act (FLSA) (1938) 29 U.S.C. § 201, et seq.

Regulates the status of employees (versus independent contractors) and provides for a minimum wage and overtime unless the employee meets an exempt classification

Federal

(Federal Contractors) Copeland Act (1934) 18 U.S.C. § 874, et seq.

Precludes federal contractors from inducing an employee to give up any part of compensation to which they are entitled (anti-kickback)

Ohio

Ohio Minimum Fair Wage Standards Act R.C. Chapter 4111

Requires Ohio employers to pay employee minimum wages (as set by Ohio law) and overtime

Ohio

R.C. § 4113.15, et seq.

Requires payment of wages and benefits within 30 days of the last regularly scheduled pay date; limits deductions

Ohio

R.C. 1335.11

Requires payment of commissions to certain independent sales representatives

Unions / Prevailing Wage

Federal

National Labor Relations Act (NLRA) (Wagner Act) (1935) 29 U.S.C. § 151, et seq.

Prohibits employers from certain unfair labor practices. Primary responsibility for enforcement rests on the National Labor Relations Board.

Federal

Labor-Management Relations Act (Taft-Hartley) (1947) 29 U.S.C. § 185

Protects management rights by prohibiting certain unfair labor practices by unions.

Federal

McNamara-O'Hara Service Contract Act

Requires federal contractors, with contracts valued at more than $2,500, performing service, using service employees for the United States, to pay minimum wage rates for similar jobs in the community.

Federal

(Federal Contractors) Walsh-Healy Act

Requires federal contractors, with contracts valued at more than $10,000, to pay wages equal to those for similar jobs in the area including minimum wage and overtime

Federal

(Federal Contractors) Davis Bacon Act (1931)

Requires federal contractors, with contracts valued in excess of $2,000, performing construction, alteration, repair, painting or decoration on public buildings or public works to pay minimum wage rates for similar jobs in the community

Ohio

Ohio prevailing wage R.C. Ch. 4115

Applies to contractors bidding on public work projects (similar to Davis Bacon Act)

Ohio

Recording and wiretapping Ohio R.C. §§ 2933.51, 2933.52

Verbal, in-person conversations may be recorded where the speaker does not have a reasonable expectation of privacy, so long as special recording equipment is not being used to record what otherwise would not be heard. Phone calls may be recorded if all parties to the call are in Ohio and at least one party to the call consents.

Safety At Work

Federal

Occupational Safety and Health Act (OSHA) (1970) 29 U.S.C. § 651, et seq.

Mandates compliance with federal health and safety standards. Employers with fewer than 10 employees are exempt from certain reporting requirements

Ohio

Ohio OSHA R.C. Chapter 4167

Requires employers with more than 50 employees to permit up to 80 hours of leave to the spouse, parent or custodian of a member of the uniformed services under qualifying conditions