A Sea Of Mandates Demands Constant Navigation

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While recent business media attention focuses on the possibilities surrounding the various government- imposed healthcare mandates looming on the horizon, employers are faced daily with things (though not always labeled as "mandates") they must provide or do that have been imposed on them by local, state and/or federal governments. Some of the areas affected include:

The Fair Labor Standards Act (FLSA) doesn't outline requirements for meal or rest breaks, but many state regulations do, and seven states also have rest period requirments (California, Colorado, Kentucky, Minnesota, Nevada, Oregon, and Washington). See www.dol.gov/esa/whd/state/meal.htm for details addressing meal and rest breaks.

Every state has some sort of jury duty or witness duty leave statute.

The Jury System Improvements Act protects employees who serve as jurors in federal court, and Title VII of the Civil Rights Act, the Occupational Safety and Health Act, and the Fair Labor Standards Act protect an employee's attendance at administrative hearings. Thus, both private and public employers are obligated to provide jury duty leaves and may be obligated to provide leave for employees to participate in administrative proceedings.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) prohibits employers from taking adverse employment action against workers due to military service and mandates that these workers be allowed to return to their positions with the same pay, privileges and seniority that they would have had without the military absence.

The Mental Health Parity Act of 2008 mandates that health benefit plans that offer treatments for mental health do so on the same basis that they treat other physical ailments.

The Fair Credit Reporting Act (FCRA), and similar complementary state laws, require notice and permission to obtain consumer reports and prescribes how employers can and cannot use such reports. Employees have written notice rights and advance opportunity to address credit report issues before an employer can take adverse action.