5 Legislation Flashcards

1
Q

Equal Pay Act

A

A federal law that prohibits discrimination based on sex in the payment of wages. Congress enacted the EPA as an amendment to the Fair Labor Standards Act specifically to remedy wage disparity faced by women.

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2
Q

Civil Rights Act of 1964

A

A federal law prohibiting discrimination in employment on the basis of sex, as well as race, color, national origin, and religion. Applies to employers with 15 or more employers.

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3
Q

Age Discrimination Act

A

Prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance. A provider may not exclude, deny, or provide different or lesser services to applicants or beneficiaries, on the basis of age.

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4
Q

Vocational Rehabilitation Act of 1973

A

Section 503 of this act prohibits discrimination and requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative action to hire, retain, and promote qualified individuals with disabilities. Enforced by the Employment Standards Administration’s Office of Federal Contract Compliance Programs within the US Department of Labor.

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5
Q

Vietnam Era Veterans Readjustment Assistance Act

A

Requires covered federal government contractors and subcontractors to take affirmative action to employ and promote veterans protected by the Act. Prohibits discrimination against such veterans and gives covered veterans priority in referral for openings.

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6
Q

Pregnancy Discrimination Act

A

This 1975 act prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Applies to employers with 15 or more employees.

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7
Q

Which law protects a woman from being fired if she is pregnant or has an abortion?

A

The Pregnancy Discrimination Act of 1975.

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8
Q

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

A

Enacted September 30, 1996. Increases penalties for immigration-related offenses, authorized increases in enforcement personnel, enhanced enforcement authority. Undertook a comprehensive reorganization of the removal process of inadmissible and deportable aliens, including expedited removal. Required three types of employment authorization verification pilot programs. Includes restrictions on the eligibility for public benefits and imposed new requirements on sponsors.

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9
Q

Americans with Disabilities Act

A

Prohibits discrimination based on a disability in employment, activities of state and local governments, public and private transportation, public accommodations, and telecommunications.

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10
Q

Which law borrowed provisions from Section 504 of the Rehabilitation Act of 1973?

A

Americans with Disabilities Act

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11
Q

Older Workers Benefit Protection Act

A

Enacted in 1990, this law protects older workers from discrimination by employers based on age when providing employee benefits, including severance benefits.

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12
Q

This Act was an amendment to the Age Discrimination in Employment Act

A

Older Workers Benefit Protection Act

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13
Q

Family Medical Leave Act of 1993

A

Requires that an “eligible” employee must be granted, in total, up to twelve weeks of unpaid leave during any twelve months for specific qualifying factors. The employee must have worked at least 1250 hours within the twelve months immediately preceding the commencement of leave.

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14
Q

What are the qualifying events required for the use of FMLA?

A
  • The birth or adoption of a child or the foster care placement of a child;
  • Leave to care for the employee’s spouse, child, or parents who has a serious health condition;
  • A serious health condition of the employee that makes the employee unable to perform the job functions.
  • Military caregiver leave, which allows up to 26 weeks of unpaid, protected leave to an employee who is the spouse, son, daughter, or parents of a covered service member who suffers a serious injury while in service
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15
Q

Employee Polygraph Protection Act of 1988

A

With certain exceptions, this act generally prevents employers from using lie detector tests for pre-employment screening or during employment.

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16
Q

Norris-LaGuardia Act

A

Passed in 1932, this act outlawed yellow-dog contracts (pledges by workers not to join a labor union) and further restricted the use of court injunctions in labor disputes against strikes, picketing, and boycotts.

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17
Q

National Labor Relations Act of 1935

A

Also known as the Wagner Act, this act is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes.

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18
Q

The NLRA applied to all firms and employees in activities affecting interstate commerce with the exception of which groups?

A

Agricultural laborers, domestic workers, government employees, and those persons subject to the Railway Labor Act.

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19
Q

National Labor Relations Board

A

Originally consisted of three members appointed by the President and was established as an independent federal agency.

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20
Q

The Wagner Act does not cover public sector labor unions and labor-management relations. Instead, they are governed by what?

A

State laws.

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21
Q

Fair Labor Standards Act of 1938

A

Known as the wage-hour law, this act established minimum wages and maximum hours for all workers engaged in “interstate commerce.” The US Department of Labor implemented new regulations in August 2004 and updated criteria for employers to determine which employees were subject to or exempt from the overtime provisions of the Act.

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22
Q

Occupational Safety and Health Act of 1970

A

US labor law governing the federal law of occupational health and safety in the private sector and federal government in the United States. The goal was to ensure employers provide their workers a place of employment free from recognized hazards to safety and health, such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions.

23
Q

Consolidated Omnibus Budget Reconciliation Act (COBRA)

A

Gives workers who lose their health benefits the right to choose to continue group health benefits provided by the plan under certain circumstances.

24
Q

Several events can cause workers and their family members to lose group health coverage and may result in the right to COBRA coverage. These include:

A
  • Voluntary or involuntary termination of the covered employee’s employment for reasons other than gross misconduct
  • Reduced hours of work for the covered employee
  • Covered employee becoming entitled to Medicare
  • Divorce or legal separation of a covered employee
  • Death of a covered spouse
  • Loss of status as a dependent child under plan rules
25
Q

Clayton Antitrust Act (1914)

A

An amendment passed to clarify and supplement the Sherman Antitrust Act of 1890. Prohibited exclusive sales contracts, local price cutting to freeze out competitors, rebates, and interlocking directorates in commerce. The Act restricted the use of injunction against labor and legalized peaceful strikes, picketing, and boycotts. Later amendments to the Act strengthened provisions against unfair price cutting (1936) and intercorporate stock holding (1950).

26
Q

Railway Labor Act

A

This 1926 act required employers to bargain collectively and prohibited discrimination against unions. In 1936 it was amended to include airlines engaged in interstate commerce.

27
Q

What is the Labor-Management Relations Act (1947) better known as?

A

The Taft-Hartley Act, named after its two sponsors, Sen. Robert A. Taft and Rep. Fred A. Hartley Jr.

28
Q

What are some of the comprehensive measures included in the Taft-Hartley Act?

A
  • Established procedures for delaying or averting “national emergency” strikes
  • Excluded supervisory employees from coverage of the Wagner Act
  • Prohibited the “closed shop” altogether
  • Banned closed-shop union hiring halls that discriminated against non-union members
29
Q

True or False:
The Taft-Hartley Act retained the Wagner Act’s basic guarantees of workers’ rights to join unions, bargain collectively, and strike, and retained the same list of unfair labor practices forbidden to employers.

A

True

30
Q

National Industry Recovery Act (NRA)

A

This 1933 act championed by President Franklin Roosevelt sought to provide “fair competition” codes and fix wages and hours in industries subscribing to such codes.

31
Q

Labor-Management Reporting and Disclosure Act of 1959

A

Also known as the Landrum-Griffin Act, this made significant additions to the Taft-Hartley Act, including:
* Definition of additional unfair labor practices
* A ban on organizational or recognition picketing
* Provisions allowing State labor relations agencies and courts to assume jurisdiction over labor disputes the NLRB declined to consider while prohibiting the NLRB from broadening the categories of cases it would not handle

32
Q

Employee Retirement Income Security Act of 1974 (ERISA)

A

Protects the retirement assets of Americans by implementing rules that qualified plans must follow to ensure that plan fiduciaries do not misuse plan assets.

33
Q

This act addressed irregularities in administering certain large pension plans, particularly the Teamsters Pension Fund.

A

The Employee Retirement Income Security Act (ERISA)

34
Q

The Labor-Management Reporting and Disclosure Act of 1959

A

This act is meant to provide for the reporting and disclosure of certain financial transactions and administrative practices of labor organizations and employers, to prevent abuses in the administration of trusteeships by labor organizations, to provide standards concerning the election of officers of labor organizations, and for other purposes.

35
Q

Wireless Communication and Public Safety Act of 1999

A

An act establishing 9-1-1 as the universal emergency number for landlines and non-landline phones. This act also required the setup of Enhanced 9-1-1.

36
Q

What act is also known as the 9-1-1 Act?

A

Wireless Communication and Public Safety Act of 1999.

37
Q

Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) (and any other agency or entity to which the FCC has delegated such authority) to designate 911 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance. Applies such designation to both wireline and wireless telephone service. Requires the FCC to provide technical support to States for the deployment and functioning of a comprehensive emergency communications infrastructure, including enhanced wireless 911 service, on a coordinated statewide basis.

A

Wireless Communication and Public Safety Act of 1999 or 9-1-1 Act.

38
Q

Enhance 911 Act of 2004

A

This act established a national E9-1-1 Implementation and Coordination Office (ICO). The ICO is charged with coordinating the implementation of 9-1-1 and E9-1-1 at the Federal, State, and local levels and administering a Federal PSAP grant program authorizing up to $250 million in grants annually. This Act also includes language to ensure that funds collected on telecommunications bills for enhancing emergency 9-1-1 services are used only for the purposes for which the funds are being collected.

39
Q

New and Emerging Technologies (NET) 911 Improvement Act of 2008

A

An act to promote and enhance public safety by facilitating the rapid deployment of IP-enabled 9-1-1 and E9-1-1 services, encourage the Nation’s transition to a national IP-enabled emergency network and improve 9-1-1 and E9-1-1 access to those with disabilities.

40
Q

Food, Conservation, and Energy Act of 2008 (“Farm Bill”)

A

Enabled the Secretary of Agriculture to make loans to improve 9-1-1 access to entities eligible to borrow from the Rural Utilities Service (RUS). Such eligible entities include state or local governments, other public entities, Indian tribes, and emergency communications equipment providers. The loans can be used for facilities and equipment to expand or improve 9-1-1 access and interoperable emergency communications.

41
Q

Government imposed fees, including state or local 9-1-1 fees, can be used as security for a loan according to this Act.

A

The “Farm Bill”

42
Q

Middle Class Tax Relief and Job Creation Act of 2012

A

This act established the First Responder Network Authority (“FirstNet”) as an independent authority within the National Telecommunications and Information Administration (NTIA).

43
Q

FirstNet is headed by a Board. Who makes up the Board?

A

The Secretary of Homeland Security, the Attorney General of the United States, the Director of the Office of Management and Budget, and 12 individuals appointed by the Secretary of Commerce.

44
Q

Kari’s Law of 2017

A

This law requires all multi-line telephone systems offered for sale, lease, or installed after February 16, 2020, to have direct dialing and notification capabilities to 9-1-1.

45
Q

Ray Baum’s Act

A

This act requires the FCC to adopt rules that ensure a dispatchable location is sent with all 9-1-1 calls from a multi-line telephone system. Federal rules, specifically 47 CFR 9.3, provide that the dispatchable location means a validated street address and any additional information, such as a suite or apartment number. The provision of location information from on-premise non-fixed devices must have been accomplished by January 26, 2022.

46
Q

How are Kari’s Law and Ray Baum’s Act similar?

A

Both reference updated and verified MLTS dispatchable location information.

47
Q

FCC 9-1-1 Rules

A

In 2020, the FCC consolidated its rules into a single Part in the Code of Federal Regulations to create a single home for the FCC’s rules governing wireline telecommunications carriers, VoIP, MLTS, CMRS, TRS, and providers’ reliability requirements.

48
Q

Wireless E9-1-1 Rules

A

As a result of this, wireless carriers can be generally expected to provide a dispatchable location and/or a horizontal location estimate within +/- 50 meters ( in degrees of lat & long) for all 9-1-1 calls from mobile handsets as of 2020. As of 2021, all CMRS carriers must include the vertical or z-axis location estimates in the top 25 cellular markets, and as of 2024, the requirement will expand to the top 50 markets.

49
Q

VoIP 9-1-1 Rules

A

As of 2021, all fixed interconnected systems must deliver an automated dispatchable location with every call. Non-fixed or nomadic systems must deliver an automated dispatchable location when feasible, including an x/y/z coordinate estimate or a registered location. Customers of this service may not opt out of 9-1-1 service.

50
Q

Telecommunications Relay Service (TRS) E9-1-1 Rules

A

This telephone service allows persons with hearing or speech disabilities to place and receive telephone calls. This service is available for local and long-distance calls in all 50 states and the District of Columbia, Puerto Rico, and the US territories. As of 2021, FCC rules require a dispatchable location for fixed devices. The requirement was extended to non-fixed devices in 2022.

51
Q

Wireless E911 Location Accuracy Requirements

A

Measures adopted by the FCC on January 29, 2016, to significantly enhance the ability of PSAPs to accurately identify the location of wireless 9-1-1 callers.

52
Q

True of false:
According to the Wireless E911 Location Accuracy Requirements, 80% of wireless 9-1-1 calls must have a dispatchable location with x/y coordinates within 50 meters by 2021.

A

True! A great improvement from the 40% required in 2017.

53
Q

Dispatchable Location

A

The verified or corroborated street address of the calling party plus additional information such as the floor, suite, apartment, or similar information that may be needed to adequately identify the calling party’s location.