Virtually every aspect of the terms and conditions of employment is regulated in some respect by the federal government. Faegre Baker Daniels offers expertise in these federal statutes and regulations, as well as experience in case decisions interpreting these laws.

Our lawyers not only explain what these federal laws and regulations provide, we fashion practical strategies and solutions for our clients. Federal statutes where employers must comply — and we apply and interpret daily — include the:

• Title VII of the Civil Rights Act of 1964, including the Pregnancy Discrimination Act
• Americans with Disabilities Act of 1990 (ADA)
• Family and Medical Leave Act (FMLA)
• Age Discrimination in Employment Act of 1967 (ADEA) and Older Workers Benefits Protection Act (OWBPA)
• Fair Labor Standards Act (FLSA)
• Occupational Safety and Health Act (OSHA)
• Equal Pay Act of 1963 (EPA)
• Rehabilitation Act of 1973 (Sections 501 and 505)
• Civil Rights Act of 1991 (CRA of '91)
• Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA)
• Uniformed Services Employment and Re-employment Rights Act (USERRA)
• Worker Adjustment and Retraining Notification Act (WARN)
• Immigration and Nationality Act (INA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
• Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
• Sarbanes-Oxley Act of 2002
• National Labor Relations Act (NLRA)

Employers contracting or doing business with the federal government also may be subject to an array of regulatory requirements under such laws as the Service Contract Act and Davis-Bacon Act.

As a part of the normal course of business, employers also must be prepared to work with, and respond to inquiries from, a host of federal agencies and departments, including the:

• United States Department of Labor (DOL)
• Wage and Hour Division of the DOL
• Equal Employment Opportunity Commission (EEOC)
• Occupational Safety and Health Administration (OSHA)
• Office of Federal Contract Compliance Programs (OFCCP)
• U.S. Immigration and Customs Enforcement (ICE)
• Veterans Employment and Training Service (VETS)
• National Labor Relations Board (NLRB)

State Employment Laws and Regulations

States, and in some cases counties and municipalities, have enacted a variety of employment rules with which employers must deal. These laws and regulations affect multi-state employers and often reach organizations with relatively few employees who may not be covered by federal requirements. We represent clients in the various local jurisdictions and counsel employers on practical compliance.

One of the most challenging areas governed by state law is wage payments. States commonly regulate how frequently employees must be paid, how soon employees must be paid after work is performed, whether employers may require payment via direct deposit, what amounts may be withheld from pay and how quickly employees must receive final pay upon separation from service. States also govern whether and how vacation pay, sick pay, commissions, incentives and bonuses must be paid upon an employee's separation from service. Some states also have minimum wage and prevailing wage rate requirements that go beyond what federal law requires.

Other areas of increasing regulation by states includes leaves of absence and break and meal periods, drug testing and regulated areas such as no-smoking rules, lactation facilities and breaks, employee privacy, applicant background checks, records retention, and access and prohibitions against bringing firearms to work.