Acts Flashcards
Drug-Free Workplace Act of 1988
requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency
Copyright Act of 1976
forms the basis of copyright law in the United States today.
January 1, 1978 —implemented fundamental and sweeping changes in many aspects of copyright law. Copyright protection extends to all “original works of authorship” to take into account new kinds of media.
HIPAA of 1996
Health Insurance Portability and Accountability Act
federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge
Addresses pre-existing medical conditions, receiving treatment 6-mos prior to their enrollment date for things like pregnancy, injury, serious illness
WARN Act of 1988
Worker Adjustment and Retraining Notification Act
labor law which protects employees, their families, and communities
requires most employers w/ 100+ employees to provide 60 calendar-day advance notification of plant closings and mass layoffs of employees
OSHA Act of 1970
Occupational Safety and Health Administration
created by Congress to ensure safe and healthful working conditions for workers by setting/enforcing standards and by providing training, outreach, education, and assistance
Securities Exchange Act
A
AICPA
1939
American Institute of Certified Public Accountants
est. a committee to develop accounting standards/reports for the private sector
FASB
1972
Financial Accounting Standards Board
created by AICPA to take over responsibility for setting accounting standards
Whistleblower Protection Act
1989
Regulates the protection of EEs who report a violation of any law, rule, regulation, or ethical standard
Davis Bacon Act
1931
For contractors/subcontractors working on federally funded projects over $2k. Requires employers to pay all laborers at associated construction sites the prevailing wage and fringe benefits comparable to workers on similar projects in the area
Walsh-Healey Public Contracts Act
1936
For contractors working on federally funded contracts over $10k. Must pay EEs at least federal minimum wage and overtime pay (1.5x reg pay). Prohibits employing youth and Nader 16 and convicts. Requires job safety and sanitation protocol.
FLSA
Fair Labor Standards Act
1938
Wage & hour law
Covers most gov’t agencies and private-sector EEs. Establish EE classification, minimum wage, overtime and on-call pay, record keeping, child labor
Portal-to-Portal Act
1947
Amendment to FLSA (Fair Labor Standards Act)
- employers must pay non-exempt EEs for postliminary tasks, for time spent traveling to said tasks if that travel is outside reg commute
- employers must also pay EEs for time they spend waiting to start work when requested by employer. EEs should also be paid for job-related training outside of their normal workday
Equal Pay Act
1963
Equal wages for men and women who perform equal jobs in the same establishment (when content of the jobs is equal in nature).
Skill: educational/professional background of EE performing job, with ability/training
Working Conditions: physical surroundings in which work is performed, any associated hazards
Effort: measurement of physical/mental exertion the EE must have in order to perform the job
Responsibility: EE’s degree of accountability in performing the job
Allows pay differentials based on factors outside gender: merit, seniority, geographic work differentials. Burden of proof for these affirmative defenses.
ERISA
1974
Employee Retirement Income Security Act
Establishes the minimum standards for benefit plans of private, for-profit employers. In order to receive tax advantages, plans must conform to IRS’ reqs.
Also establishes the PBGC (Pension Benefit Guarantee Corporation)
Older Workers Benefit Protection Act
OWBPA
1990
Amends Age Discrimination Act of 1967.
Employers cannot discriminate based on EE’s age in provision of benefits (reduced benefits may be ok)
Protects from waiving rights in severance agreements. 21 days to consult with attorney (45 days for group terms)
Retirement Equity Act
1984
Amends ERISA.
Addresses needs of divorced spouses, surviving spouses, and EEs who left the workforce for a time to raise a family. Requires automatic survivor benefits in pension plans. Maternity/Paternity leave no longer a break in service for plan participation/vesting.
Pension Protection Act
2006
Amends ERISA
Strengthen pension system. Increase minimum funding requirements, eliminate loopholes that allowed missed payments for underfunded plans.
Automatic enrollment in employers retirement plan at default contribution rate. EEs can elect a different rate.
COBRA
Consolidated Omnibus Budget Reconciliation Act
1986
Amends ERISA
allows for continuation of healthcare coverage in the event that it ends due to termination, divorce, death of EE. Covers employers with 20+ EEs.
EEs can pay full cost of medical insurance coverage for 18-36 months. May also be charged a 2% admin fee.
Obamacare
Patient Protection and Affordable Care Act
2010
Access to healthcare available to several million more Americans who did not have access to employer-sponsored coverage, Medicare, or Medicaid.
Purchase from insurance exchange. Possible subsidy. Individuals with preexisting conditions cannot be denied coverage.
All citizens required to have health care or pay income tax surcharge.
Mental Health Parity Act
1996
MHPA
Ensure large group health plans provide coverage for mental health care in same manner they provide physical health care.
Applies to employers with 50+ EEs as long as compliance will not increase the employers cost by at least one percent.
*does not require large group plans to offer mental health coverage. Only applies to large group health plans that already include mental health in their benefits packages.
FMLA
Family Medical Leave Act
1993
Eligible EEs can take up to 12 weeks of job protected, unpaid leave during a 12 mo period for specific family and medical reasons.
EEs are covered under this act if the employer has 50+ Full- or Part-time EEs working within 75 mi of a given workplace. Must also have worked too their employer for at least 12 mos and for a total of 1250 hrs over the past year. Can take leave all at once, intermittently, in blocks of time as approved by employer.
Spouses who share employment must share the FMLA time they take for the birth of a child/adoption/foster care placement or for the serious health condition of a child or parent. Total amount must add up to 12 weeks (or 26 for the care of a covered servicemember)
Covers:
— birth of child, adoption, foster care placement
— serious health condition of spouse, child, parent
— serious health condit’n of EE (requiring in-patient care or continuing treatment by healthcare provider)
— qualifying exigency leave, or leave to address most common issues that arise when EE’s child, spouse, or parent is on active duty or call to active duty status (e.g. making financial and legal arrangements / arranging for alt. childcare)
— military caregiver leave, leave to care for covered service member (spouse, child, parent, next of kin) with serious injury/illness. Up to 25 weeks
Uniform Services Employment and Reemployment Rights Act
1994
Protects the employment reemployment and retention rates of civilian employees who serve in uniform services/veterans/members of the reserve.Requires covered employees to provide 30 days notice of need for leave, covers for up to five years of unpaid leave.
Exempt employees must be paid their full salary during leave, less any compensation they received for serving in the military.
If military leave will be less than one month, employer must continue healthcare coverage under same terms. After the first month, employers are no longer required to continue group healthcare coverage at their expense. May be available at employees expense for a period of 24 months, or the duration of military service which ever is less. Employers cannot count EE military leave as a break in service for pension purposes
Old Age, Survivor, & Disability Insurance Program
OASDI
1935
Designed by Social Security act, ensures a continuation of income for retired individuals, spouses independent children of employees who are deceased and individuals who qualify for Social Security disability. Funded by employee and employer contributions. EE must work at least 40 quarters/10 years to qualify. Amount of benefits paid out contingent upon length of time the EE worked in the amount they paid into program.
Old age — qualifying individuals must be 62 years of age to receive partial benefits. 65-67 to receive full. Disability — must prove they are unable to perform profitable work because they are totally disabled
Federal State Unemployment Insurance Program
1935
Created under Social Security act, provides partial income replacement temporarily to involuntarily unemployed individuals
Funded by employers primarily via state unemployment tax, administered by individual states under national guidelines
1-39 weeks, 26 equals most common duration. During some periods of high unemployment 26 can be extended up to an additional 13.
Medicare
1965
Amends Social Security act of 1935. Provides healthcare for individual 65+, not dependent on income or ability to pay. Funded by employees and employers paying percentage of salaries.
A— hospital insurance, considered mandatory. Most individuals do not have to pay for this coverage.
B— Medical insurance and covers healthcare expenses such as physician services an outpatient care. Optional. Most individuals pay a monthly fee.
C— Medicare advantage plans, such as HMOs or PPOs offered by private companies and approved by Medicare. Available to individuals who are entitled to Medicare part a and enrolled in Medicare part B. Dental vision hearing and in some cases prescription drug coverage.
D— Prescription drug coverage. Optional. Monthly fee to pay for this coverage. Available to individuals who are entitled to Medicare part a and enrolled in Medicare part B.
