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Federal & Ohio Employment Statutes

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Medical Leave

Federal (Private and Public Sector and military)

Family and Medical Leave Act (FMLA) (1993) 29 U.S.C. § 2611, et seq.

Provides that employees who have worked at least 12 months and at least 1,250 hours in the previous 12 months are eligible to take up to 12 weeks leave during any 12 month period for the purposes of: birth, adoption, or foster care of a child; caring for a spouse, child, or parent who has a serious health condition; or serious health condition of an employee. Additionally, the National Defense Authorization Act of 2008 amends FMLA to allow a spouse, parent, son, daughter, or next of kin up to 26 weeks to care for a member of the armed services suffering injuries or illness sustained while on active duty. Allows 12 weeks unpaid leave for a "qualifying exigency" for a son, daughter, parent, or spouse on active duty.

Federal Sector Employees

Family and Medical Leave Act (FMLA) (1993) 5 U.S.C. §§ 6381, et seq.

Provides federal sector employees with certain family and medical leave rights

Ohio

Ohio Military Family Leave Act R.C. Ch. 5906

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

Free Speech

Federal

First Amendment of the United States Constitution

Protects federal and public sector employees engaging in protected speech not related to job responsibilities

Ohio Common Law

Public policy

Provides state law protection to public sector employees engaging in protected speech not related to job responsibilities

Employer Mandates

Federal

Consumer Credit Protection Act (1968) 15 U.S.C. § 1681, et seq.

Sets a national maximum limit on the amount of an employee’s wages that can be withheld to garnish wages

Federal

Federal Insurance Contribution’s Act (FICA) (1935) 26 U.S.C. § 3101, et seq.

A federal payroll tax imposed on both employees and employers to fund Social Security and Medicare, which provides benefits to retirees, disabled, and children of deceased workers

Federal

EEO-1 Report filed annually with EEOC (Federal Contractors) 41 C.F.R. § 60-1.7

Requires federal contractors (50 or more employees), with contracts valued in excess of $50,000, to submit a list of the number of employees by race and sex for each EEO job category

Federal

EEO-1 Report filed annually with EEOC (Non-Federal Contractors) 29 C.F.R. § 1602.7

Requires Employers with at least 100 employees (50 employees if federal contractor) to file EEO-1 Report annually with EEOC, except state and local governments

Federal

Worker Adjustment & Retraining Notification Act (WARN) (1989) 29 U.S.C. § 2101, et seq.

Requires employers to give notice of plant closings or layoffs

Federal

Immigration Reform & Control Act (IRCA) (1986) 8 U.S.C. § 1324a

Requires that new employees provide specific documents to employers showing that they are who they claim to be and that they have a legal right to work in the United States

Ohio

Workers Compensation R.C. Chapter 4123

Requires Ohio employers to participate in Ohio’s workers’ compensation program

Ohio

Unemployment Compensation R.C. Chapter 4141

Requires Ohio employers to participate in Ohio’s unemployment compensation program

Ohio

New Hire Reporting R.C. §§ 3121.89 & 3121.8910

Requires Ohio employers to report new hires and contractors within 20 days of date of hire or contract

Privacy

Federal

Polygraph Protection Act (1988) 29 U.S.C. § 2002, et seq.

Prohibits health insurers from discriminating based upon genetic information. Also prohibits employers from requesting or requiring employees or family members to provide genetic information

Federal

Genetic Information Nondiscrimination Act (GINA) 42 U.S.C. § 2000ff, et seq.

Requires working papers for most minors, restricts hours that minors can work, and prohibits minors from engaging in certain types of work

Federal

Fair Credit Reporting Act (FCRA) (1970) 16 U.S.C. § 1681b, as amended by the Fair and Accurate Credit Transactions Act (FACTA) (2003).

Defines employees' and potential employees' rights regarding employers using information obtained by reports compiled by third party credit reporting agencies as the basis for employment decisions. Requires employers to take reasonable measures to reduce the risk of identity theft and other harm to their employees resulting from the employer's failure to properly dispose of confidential records

Federal

Electronic Communications Privacy Act (ECPA) 18 U.S.C. § 2511

Prohibits wiretapping and electronic eavesdropping, except as provided in the act

Federal

Health Insurance Portability and Accountability Act (HIPAA) (1996) 42 U.S.C. § 300gg, et seq.

Provides protections for participants and beneficiaries in group health plans, including limiting exclusions for preexisting conditions and general health conditions. Also establishes privacy protections for employees against unauthorized disclosure of health related information

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.

Ohio Common Law

Invasion of privacy

Employees may have a claim where an employer wrongfully intrudes into the employee’s private affairs in such a manner as to outrage or cause mental suffering, shame, or humiliation to a person of ordinary sensibilities