Page 66 - Akerman | 2016 Guide to Doing Business in Florida

6.1.7 Federal Contractors.

Employers that are federal contractors or subcontractors, depending on the type and size of
their contracts, may have affirmative action obligations under Executive Order 11246 and the
Vocational Rehabilitation Act. Certain federal contractors are also covered by the Drug-Free
Workplace Act.

6.1.8 Other Federal Regulations.
Many employers operate in industries that are regulated by federal agencies. For example, the
Department of Transportation requires employers to drug test employees who drive motor
vehicles of over 26,000 pounds. Employers in regulated industries must be aware of any
requirements imposed by federal or state regulations.
6.1.9 National Labor Relations Act and Labor Management Reporting
and Disclosure Act.

These statutes set forth the guidelines governing labor-management relations. They apply to all
employers who are engaged in any industry in or affecting interstate commerce, regardless of
the number of employees. Employers who operate under the Railway Labor Act are not
subject to these Acts.

6.1.10 Occupational Safety and Health Act (“OSHA”).
OSHA is the act that established the mechanism for establishing and enforcing safety
regulations in the workplace. It applies to all employers who are engaged in an industry
affecting commerce, regardless of the number of employees.

6.1.11 Title VII.

Title VII is the broad civil rights statute that forbids discrimination in hiring based on race,
religion, gender and national origin. It applies to employers engaged in interstate commerce
who have 15 or more employees for each working day in each of 20 or more calendar weeks
in the current or preceding calendar year.

6.1.12 Worker Adjustment Retraining and Notification Act (“WARN”).
WARN requires employers to give sixty days’ notice to their employees of plant closings or
mass layoffs. WARN applies to all businesses that employ 100 or more employees, excluding
part-time employees, and to businesses that employ 100 or more employees who in the
aggregate work at least 4,000 hours per week (exclusive of hours of overtime).

6.1.13 Immigration Reform and Control Act (“IRCA”).
IRCA requires that employers verify employment authorization for all employees hired on or after
November 6, 1991. Employers are subject to significant fines and penalties for failure to
comply with documentation requirements under IRCA, as well as for hiring unauthorized
workers or discriminating against persons who appear or sound foreign.

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