KIA&B_MarApr2024-digital | Seite 30

HOW DO DOL INDEPENDENT CONTRACTOR REGULATIONS APPLY TO EMPLOYER SIZE ? written by HR Partners and The Law Offices of John Dietrick

Federal employment laws are intended to balance the needs of employers and employees . Small businesses with under fifteen ( 15 ) employees are exempt from some requirements but must still follow certain anti-discrimination protections and adhere to state specific employment laws . Small to extra-large size companies gain obligations as they grow . The most common employment laws applicable to small , medium , large and extra-large employers include , but are not limited to :
Small Employers ( 1-14 employees ). Small employers must comply with the following :
• Fair Credit Reporting Act of 1969 ( FCRA )
• Fair Labor Standards Act of 1938 ( FLSA )
• Health Insurance Portability and Accountability Act ( HIPAA ) of 1996 ( if company offers benefits )
• Kansas Act Against Discrimination ( KAAD ) ( 4 or more employees )
• Kansas Age Discrimination in Employment Act
( KADEA ) ( 4 or more employees )
• Kansas Domestic Violence Act ( KDVA )
• National Labor Relations Act of 1947 ( NLRA )
• Occupational Safety and Health Act of 1970 ( OSHA )
• Providing Urgent Maternal Protections for Nursing Mothers Act ( Pump Act )
• Pregnant Workers Fairness Act (“ PWFA ”)
• Uniformed Services Employment and Reemployment Rights Act of 1994 ( USSERA )
Medium Employers ( 15-49 employees ). In addition to the laws applicable to small employers , medium-sized employers must adhere to the following :
• Americans With Disabilities Act of 1990 ( ADA )
• Genetic Information Nondiscrimination Act ( GINA )
• Title VII , Civil Rights Act of 1964 ( Title VII )
• Pregnancy Discrimination Act ( PDA )
28 KANSAS INSURANCE AGENT & BROKER