A12 - Managing the Compensation Process Flashcards
legislation that guarantees the same pay for men and women doing substantially similar work in terms of skill, effort, responsibility and working conditions
Equal Pay Act
denying qualified women and minorities opportunities for jobs, promotions or training opportunities
access discrimination
legislation that prohibits executives from retaining bonuses or profits from selling company stock if they mislead the public about the financial health of the company
Sarbanes-Oxley Act
minimum wage that must be paid for work done on covered gov’t projects or puchases
prevailing wage
pay classification that provides an income floor for workers in society’s least productive jobs
minimum wage
legislation that created time-and-a-half overtime pay
Fair Labor Standards Act
Davis-Bacon Act 1931
- requires that mechanics and laborers on public construction projects be paid the “prevailing wage” in an area
Securities Exchg. Act 1934
- Created the SEC
- requires companies that have more than $10m. in assets and whose securities are publicly traded and held by more than 500 owners to periodically report info, which is available to the public
- includes disclosure of the comp. rec’d by CEO, CFO and the 3 other highest paid execs.
Walsh-Healey Public Contracts Act 1936
- extends prevailing-wage concept to manufacturers or suppliers of goods for gov’t contracts
Fair Labor Standards Act 1938
- Sets min. wage, hrs of work, OT premiums
- prohibits child labor
Equal Pay Act 1963
- Equal pay req’d for men and women doing ‘substantially simliar’ work in terms of skill, effort, responsibility, and working conditions
Title VII of Civil Rights Act of 1964
- prohibits discrim. in all employment practices on basis of race, sex, color, religion, or nat’l orig.
Exec. Order 11246 1965
- prohibits discrim. by fed’l contractors and subcontractors in all employment practices on basis of race, sex, color, religion, or nat’l origin
Age Discrim. in Employment Act (ADEA) 1967
- protects EEs age 40 and over against age discrim.
Pregnancy Discrim. Act 1978
- pregnancy must be covered to same extent that other med. conditions are covered
Americans w/ Disabilities Act. 1990
- Requires that “essential elements” of a job be called out
- if a person w/ a disability can perform these essential elements, reasonable accommodation must be provided
Civil Rights Act of 1991
- incr’s border of proof on ERs to rebut some discrim. claims
- stronger remedies available in cases of internat’l discrim.
Family and Med. Leave Act of 1993
- req’s ERs to provide up to 12 weeks’ unpaid leave for family and med. emergencies
Mental Health Act 1997
- Mental illness must be cov’d to same extent that other med. conditions are cov’d
Worker Economic Opp. Act 2000
- income from most stk plans need not be included in calculating OT pay
Sarbanes-Oxley Act 2002
- Execs. cannot retain bonuses or profits from selling company stk if they mislead the public about the fin. health of the company
2004 - FASB Stmt 123R
- value of all EE stk options must be expensed at estimates of FV on fin. stmts
2006 - SEC rule chg on exec. comp. disclosure
- adopts enhanced exec. copm. disclosure requirements
2009 - Lilly Ledbetter Fair Pay Act
- ERs can be liable for current pay differences that are a result of discrim. (as defined under existing laws such as Title VII of CRA) that occurred many yrs earlier
2009 :
Troubled Asset Relief Program (TARP)
American Recovery and Reinvestment Act (ARRA)
- Fin. instits. receiving funds from TARP have restrictions on comp.
- prohibits use of several comp. programs, inlcuding, but not limited to bonuses, retention awards, and incentive pay, except where part of a preexisting employment contract, during the period TARP funds are received
- restricted stk is permitted if 1/3 or less of annual comp.
- if firms receiving the largest TARP assistnace, restrictions cover senior execs. and the next 20 highest paid EES
FAIR LABOR STANDARDS ACT OF 1938
- fed’l law
- covers all EEs of companies engaged in interstate commerce or in the prod. of goods for interstate commerce
- cornerstone of pay reg. in U.S.
- Major Provisions:
- min. wage
- hrs of work
- child labor
- EE records requirements including hrs worked and pay
FAIR LABOR STANDARDS ACT OF 1938
Minimum Wage
- provide an income floor for workers in society’s least productive jobs
- last set in 2009 - $7.25
- (44) states have own min wages to cover jobs omitted from fed’l legislation
- if state and fed’l laws cover the same job, the higher rate prevails
- several states have mins higher than fed’l rate
- effect of raising the min. wage goes beyond the # of ppl who actually are being padi the min.
- as legis. forces pay rates at the lowest end of the scale to move up, pay rates above the min. often incr. in order to maintain differentials
- not all industries are affected if there is a chg in the level
- if the min that the industry is already paying is already higher than the min wage, then there will be little affect on that industry
- concern for increases??
- resulting higher labor costs for affected firms may lead them to decr. their demand for workers and/or their hrs worked
- a higher min. wage, which is intended to help low wage workers, runs the risk of reducing employment opps for those workers
FAIR LABOR STANDARDS ACT OF 1938
“Living wage”
- not part of FLSA min. wage provs, but very similar
- a push that provides min. wage tailored to living costs in a specific area
- pay legis. in some cities that req’s wages above fed’l min. wage level
- often applies only to city gov’t EEs
- usually covers only base wages, but they have req’d health ins., vacs., sick, job security, and provide incentives to unionize
- Maryland was first to adopt this practice in 2009
FAIR LABOR STANDARDS ACT OF 1938
OT and Hrs of Work
- OT provision of FLSA req’s pmt at 1 and a 1/2 times the standard for working more than 40 hrs per week
- law’s obj. is to share available work by making the hiring of addtional workers a less costly option than the scheduling of OT for current EEs
- some state laws go beyond the FLSA requirements
FAIR LABOR STANDARDS ACT OF 1938
OT and Hrs of Work
Exemptions
- Wage and Hour Division of DoL enforces FLSA
- provides strict criteria that must be met in order for jobs to be exempt from min-wage and OT provs.
- ERs have tried to get around this OT requirement by classifying EEs as exec, even though the work of these ‘execs’ is only slightly diff. from their co-workers
- DoL cares more on the nature of the job (not the job title)
- another challenge: evolving, always-on workplace where EEs routinely put in extra hrs and shoot off e-mails late at night from mobile devices, when the workday begins and ends has become an issue for ERs
- impact of this depends importantly on the degree to which they are enforced
- unpaid OT in JAP is major prob