Acts

Question 1

Drug-Free Workplace Act of 1988

Answer 1

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

Question 2

Copyright Act of 1976

Answer 2

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.

Question 3

HIPAA of 1996

Answer 3

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

Question 4

WARN Act of 1988

Answer 4

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

Question 5

OSHA Act of 1970

Answer 5

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

Question 6

Securities Exchange Act

Answer 6

A

Question 7

AICPA

Answer 7

1939

American Institute of Certified Public Accountants
est. a committee to develop accounting standards/reports for the private sector

Question 8

FASB

Answer 8

1972

Financial Accounting Standards Board
created by AICPA to take over responsibility for setting accounting standards

Question 9

Whistleblower Protection Act

Answer 9

1989

Regulates the protection of EEs who report a violation of any law, rule, regulation, or ethical standard

Question 10

Davis Bacon Act

Answer 10

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

Question 11

Walsh-Healey Public Contracts Act

Answer 11

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.

Question 12

FLSA

Answer 12

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

Question 13

Portal-to-Portal Act

Answer 13

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

Question 14

Equal Pay Act

Answer 14

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.

Question 15

ERISA

Answer 15

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)

Question 16

Older Workers Benefit Protection Act

Answer 16

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)

Question 17

Retirement Equity Act

Answer 17

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.

Question 18

Pension Protection Act

Answer 18

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.

Question 19

COBRA

Answer 19

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.

Question 20

Obamacare

Answer 20

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.

Question 21

Mental Health Parity Act

Answer 21

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.

Question 22

FMLA

Answer 22

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

Question 23

Uniform Services Employment and Reemployment Rights Act

Answer 23

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

Question 24

Old Age, Survivor, & Disability Insurance Program

Answer 24

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

Question 25

Federal State Unemployment Insurance Program

Answer 25

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.

Question 26

Medicare

Answer 26

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.