Employment laws we all should know – Mary T. O’Sullivan

By Mary T. O’Sullivan, MSOL

“Employment law includes… [federal and state] rules about hiring, working conditions, discrimination, and firing. –  Hantzes & Associates (Employment Law Firm)

With the flurry of activity regarding employment rules and regulations taking place in early 2025, it’s easy to see how both employees and employers can become confused about what workplace actions are right and which ones are wrong. Although these rapid changes can seem mystifying, one important point to keep in mind is that regardless of the dizzying number of orders and retractions, no Congressional repeals or amendments have been made to any federal employment or labor laws.

Furthermore, the new rules only apply to federal employers and employees. Four federal laws stand out as significant to pay close attention to, because, as Acts of Congress, employees are still protected, and employers can still be sued if these Acts are violated. And it’s important to be aware that only Congress, as a co-equal branch of the United States government, can enact and repeal federal laws.

The Worker Adjustment and Retraining Notification Act of 1988 (WARN) is an important law for employers with 100 or more employees when a plant closes, and with 500 employees in the case of a mass layoff with no plant closing. This Act requires employers to give written notice to all affected employees a minimum of 60 days prior to the plant shutting down, or a planned mass downsizing. As of 2024, the law protects remote workers as well. The WARN Act was created to allow employees adequate time for retraining or to find other employment. It also requires notification to the local government entities to prepare for providing food, housing, or monetary assistance to their laid off citizens, thus reducing the possibility of a major impact on the local communities, and the area at large.

The Lily Ledbetter Fair Pay Act of 2009 – This Act overturned a Supreme Court ruling against Lily Ledbetter v Goodyear Tire and Rubber Company that was brought before the Court in 2007. Lily Ledbetter sued Goodyear for sex discrimination in pay when she discovered that her compensation was less than $2000 per month than the men doing the exact same job with the same qualifications and job title. She originally filed  her case in Alabama Federal Court and won. The Court awarded her more than three million dollars in back pay and damages but upon appeal, her award was reversed. Undeterred, her case reached the Supreme Court, however, she once again lost, due to the Court’s opinion that Lily Ledbetter did not file within the required standard 180 days of discovering the discriminatory act.

Justice Ruth Bader Ginsberg, in a scathing dissent, stated that Lily could not have filed promptly because she had no knowledge of the pay injustice until well after receiving the first discriminatory paycheck. Justice Ginsberg strongly urged Congress to enact a law adjusting the 180-day requirement. Under the Lily Ledbetter Fair Pay Act of 2009, the 180-day filing requirement now resets with each discriminatory paycheck. This means that employees, their families or heirs can file a discriminatory lawsuit against an employer regarding pay, pensions, 401Ks, and life insurance proceeds based on the compensation that was denied the employee due to discriminatory practices.

In January 2024, this law was amended to include all federal workers as well as private employees. At the signing of the Act into law by President Obama, Lily Ledbetter acknowledged that she would never see any compensation from Goodyear. However, she felt vindicated by her efforts being signed into law. Her 2013 book, Grace and Grit, is well worth reading. The jobs she was given to do after filing her lawsuit were horrendous. Just imagine a woman’s plight working in a dirty tire and rubber factory. She died in 2024.

The Civil Rights Act of 1964 – This Act is the foundational federal anti-discrimination legislation making it unlawful for employers  to discriminate against people based on their race, sex, color, religion, or national origin. Additional federal statutes, protect other classes discriminatory behavior as well. Title VII of the Civil Rights Act was passed to ensure equality in hiring, transfers, promotions, compensation, access to training, and other employment related decisions.

While gender identity or sexual orientation are not included in Title VII, other judicial decisions on the federal and state level covered both. Transgender people are also covered under this Act, making it illegal to discriminate against them. Title VII provisions include recruiting hiring, and advancement. Employees in a protected class can’t be segregated physically from other employees. Harassment and hostile work environment aimed at a protected class are also prohibited under this law.

In 1972, the Equal Employment Opportunity Act amended Title VII to provide enforcement authority to the Equal Employment Opportunity Commission (EEOC). It’s important to pay attention to any current structural changes to the EEOC, as there are rules governing their ability to enforce Title VII.  I

n 1978, Title VII was again amended by Congress to prohibit pregnancy discrimination under the Pregnancy Discrimination Act (PDA) and the Pregnant Workers Fairness Act (PWFA) required “reasonable accommodations to a person’s limitations due to pregnancy or childbirth.

In 2022, the Fair Labor Standards Act (FLSA) authorized the Protection for Nursing Mothers Act (PUMP Act) mandating employers to provide adequate break time and a clean, private, non-lavatory space for nursing mothers to pump or breast feed their infants. While not specifically covered under Title VII, it addresses the rights of nursing mothers who need time, privacy, and cleanliness for the purpose of feeding their infants. Nursing mothers are protected under the PUMP Act for one year. In that time, these mothers cannot be discriminated against for taking breaks as needed, in a clean, private place provided by the employer for pumping or breast feeding.

In our current environment, it seems as if employment laws are changing or even going away. Staying informed is crucial for businesses and HR professionals, in order follow the actual laws that Congress has established. If confusion persists, a good guideline to refer to is to always look for the word “Act”. If the policy implies something other than the laws, or Acts, that Congress has put in place, employers will still be subject to state and federal anti-discrimination and fair labor laws. For employers to be protected from lengthy and expensive lawsuits, employees need to be trained in areas that could get their bosses in trouble. Best to brush up on key legal aspects that could impact business, regardless of any changes in policy. The business or organization is still liable.

“Companies should designate key personnel responsible for monitoring changes, establish a review schedule, and document updates systematically. Employee acknowledgment procedures for major policy changes should also be in place.” – Six-Fifty, HR Platform

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Read all Mary’s columns here: https://rinewstoday.com/mary-t-osullivan-msol-pcc-shrm-scp/

Mary T. O’Sullivan, Master of Science, Organizational Leadership, International Coaching Federation Professional Certified Coach, Society of Human Resource Management, “Senior Certified Professional. Graduate Certificate in Executive and Professional Career Coaching, University of Texas at Dallas.

Member, Beta Gamma Sigma, the International Honor Society.

Advanced Studies in Education from Montclair University, SUNY Oswego and Syracuse University.

Mary is also a certified Six Sigma Specialist, Contract Specialist, IPT Leader and holds a Certificate in Essentials of Human Resource Management from SHRM.