Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime pay, recordkeeping, and child labor standards. Key considerations include minimum wage requirements, overtime calculations, and proper employee time tracking.
Civil Rights Act of 1964 (Title VII): Federal anti-discrimination law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Must ensure contract language complies with equal employment opportunity requirements.
Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for qualified individuals with disabilities and protecting against disability-based discrimination in the workplace.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers age 40 and older from employment discrimination based on age. Contract terms must not discriminate against older workers.
Immigration Reform and Control Act: Federal law requiring employers to verify employment eligibility of all workers. Contract must address I-9 verification requirements and compliance.
Family and Medical Leave Act (FMLA): Federal law providing eligible employees with up to 12 weeks of unpaid, job-protected leave annually. Contract should address leave entitlements and job protection provisions.
Internal Revenue Code: Federal tax regulations governing employee classification and tax withholding requirements. Contract must clearly define worker classification (W2 vs. 1099) and tax obligations.
State Labor Laws: State-specific regulations regarding minimum wage, overtime, break periods, and other employment conditions. Contract must comply with both federal and applicable state requirements.
State Workers' Compensation Laws: State-specific requirements for workers' compensation insurance and incident reporting. Contract should address insurance coverage and reporting obligations.
State Unemployment Insurance: State-specific requirements for unemployment insurance contributions and eligibility. Contract should address employer obligations and compliance requirements.
State-Specific Leave Laws: State laws governing various types of leave including paid sick leave, family leave, and vacation policies. Contract must incorporate applicable state-mandated leave provisions.
State Non-Compete Laws: State-specific regulations governing the enforceability of non-compete agreements and reasonable scope requirements. Contract must ensure non-compete provisions are legally enforceable.
State Wage Payment Laws: State-specific requirements for payment frequency, final paycheck timing, and wage deductions. Contract must specify payment terms that comply with state regulations.
State Privacy Laws: State-specific requirements for employee data protection and privacy rights. Contract should address data handling and privacy protection measures.
Industry-Specific Regulations: Specialized regulations applicable to specific industries or professions. Contract must incorporate any industry-specific compliance requirements.
Local Municipal Laws: City or county-specific employment regulations that may affect employment terms. Contract must comply with applicable local ordinances and requirements.
Collective Bargaining Agreements: If applicable, any existing union agreements that may affect employment terms. Contract must align with collective bargaining agreement provisions.
