Does the staffing agreement have any impact on liability?

Does the staffing agreement have any impact on liability?

There are 13 primary federal laws that govern employment relationships. They deal with issues like discrimination, affirmative action, approved leaves, hiring practices, and plant closures. Some of these also have state law components.

An employer's liability under each of these laws depends on the specific actions entered into. Prior to entering into any agreement where the employer assumes that employment liability belongs to another party, the law should be reviewed to determine for sure whether or not the employer, in fact, will reduce liability. The laws are:

  • Title VII of the Civil Rights Act of 1964, as amended by Civil Rights Act of 1991

  • Pregnancy Discrimination Act

  • Age Discrimination in Employment Act (ADEA)

  • Americans with Disabilities Act (ADA)

  • Employee Polygraph Protection Act (EPPA)

  • Fair Labor Standards Act (FLSA)

  • Family and Medical Leave Act (FMLA)

  • Immigration Reform and Control Act (IRCA)

  • National Labor Relations Act (NLRA)

  • Occupational Safety and Health Act (OSHA)

  • Rehabilitation Act of 1973

  • Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

  • Vietnam-Era Veterans Readjustment Assistance Act of 1974 (VEVRAA)

  • Worker Adjustment and Retraining Notification Act (WARN)

Noncompliance costs. Liability for failing to comply with these laws may include attorneys' fees, litigation costs, back or front pay, liquidated damages, compensatory or punitive damages, or other damages.

Reprinted with permission. © CCH
<p>There are 13 primary federal laws that govern employment relationships.</p>

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