EE Laws 1-15 Flashcards
Clayton Act
Modified Sherman Anti-Trust, prohibited mergers and acquisitions that would lessen competition. Also prohibited one person being the director of two or more competing corporations. Restricts the use of injunctions against labors & legalized peaceful strikes, picketing and boycotts.
Consumer Credit Protection Act
Limits the amount of wages that can be withheld in any one week by an employer to satisfy creditors. Also prohibits firing an employee b/c of indebtedness.
Copeland “Anti-Kickback” Act
Precludes federal contractor or subcontractor from inducing EE to give up wages to employer for the benefit of having a job.
Copyright Act
Protection of “original work” for authors to prevent others printing, duplicating, distribute or sell their work. For the duration of the authors life plus 70 years for general and 95 years for work made for hire and work copywrighted before 1978.
Davis-Bacon Act
Requires contractors and subcontractors on certain federal projects over $2,000 to be paid wages and fringe benefits equal to the local area. Applies to laborers and mechanics. Allows trainees and apprentices to be paid less than these rates.
Dodd-Frank Wall Street Reform and Consumer Protection Act
Non binding vote for shareholders on executive compensation, golden parachutes and return of executive compensation based on inaccurate finical statements. Requires CEO to report their pay compared to average employee wage. Plus added a provision of finical reward for whistleblowers.
Economic Growth and Tax Relief Reconciliation Act (EGTRRA)
Modified Internal Revenue Code adjusted pension vesting schedules, increased retirement plan limits, permitted pre-tax catch up contributions by EE over 50 years old and modified distribution and rollover rules.
Electronic Communications Privacy Act (ECPA)
Composed of Wiretap Act & Stored Communications Act. Provides rules for access, use, disclosure, interpretation and privacy protections of electronic coms. Possibility of civil and criminal penalties. Prohibits interception of emails in transmission and access to storage. Notices must be given to anyone subject to observation or recordings.
Employee Polygraph Protection Act
Prohibits the use of lie detectors test for job applications and employees of companies engaged in interstate commerce. Exceptions made for law enforcement and national security.
Employee Retirement Income Securities Act (ERISA)
Governs how pension plans are managed. Established min standards to maintain a fair and finically sound manner; protects employees covered by plans from losses in benefits due to job changes, plant closing, bankruptcies or mismanagement and protects beneficiaries. Covers most employers engaged in interstate commerce.
Equal Pay Act (EPA)
Amendment to FLSA and enforced by EEOC. Prohibits employers from discriminating on the basis of sex by paying wages less than the rate paid to an employee of opposite sex for equal work on jobs requiring equal skill, effort and responsibility and performed under similar working conditions.
FAA Modernization and Reform Act
Amended Railway Labor Act to chance the union certification election process in railroad and airline industries. Impose greater oversight of regulatory activities of National Mediation Board (NMB). Requires Government Accountability Office (GAO) initially to evaluate the NMB cert procedures and audit ops every 2 years.
Fair and Accurate Credit Transactions Act (FACT)
Provides certain requirements for 3rd party investigations of EE misconduct charges. Employers are released from obligations to disclose requirements and obtain EE consent if the investigation in Combes misconduct, violation of law/regulations or preexisting written employer policies.
Fair Credit Reporting Act
Regulates collection, dissemination and use of consumer information. Requires employers to notify indv in writing if a credit report may be used in employment decision. Employers must get written authorization from the subject individual before asking credit bureau for credit report. Protects privacy of background investigation information and methods for ensuring information is accurate.
Fair Labor Standards Act
Introduced a max 44 hour, 7 day work week. Established a national min wage, guaranteed time snd a half, prohibited most child workers. Applies to most employees engsged in interstate commerce or enterprise in commerce or production of goods for commerce.
Foreign Corrupt Practices (FCPA)
Prohbits companies from making bribery payments to foreign officals to obatin or keep business.
Health Information Technology for Economic and Clinical Health Act (HITECH)
Requires anyone custody of personal health records send notices to affected individuals if the records have been disclosed or the employer believes they have been disclosed. It established a federal standard for secruity breach notfications, it requires each individual to be notified of PHI beeing disclosed without authorization.
Health Insurance Portability and Accountability Act (HIPPA)
Ensures individuals who leave or lose their jobs can obtain health coverage even if seriously ill or pregnant. Provides privacy requirements for medical records (12 years and older). Resctricts imposed activty at work requirments for preconditions on plans. Limits exclusions for preexistenting and guarantees renewability of coverage.
Immigration and Nationality Act (INA)
Addresses employment eligibility and verification. Defines the conditions for temporary and permanent employment of aliens in US.
Immigration Reform and Control Act (IRCA)
Required employers to prove both identity and right to work for new EE. Created I9. Prohbits discrimination against job applications on basis of national origin or citizenship.
IRS Intermediate Sanctions
Guidelines for determining reasonable compensation for executives of nonprofit org. Applies to those engaged with transactions that insire to the benefit of disqualifed person within the org. Rules allow IRS to impose penalties when top officals have received excessive compensation.
