Employment Law

Question 1

Fair Labor Standards Act (FLSA)

Answer 1

A federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.

Question 2

FMLA

Answer 2

The Family and Medical Leave Act of 1993 is a United States labor law that entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave

Question 3

Civil Rights Act of 1964, Title VII

Answer 3

Law protect against the discrimination of any individual based on age, disability, genetic information, national origin, race/color, sex, pregnancy, or religion.

Question 4

Civil Rights Act of 1991

Answer 4

Allows employees who file suit for intentional discrimination under certain laws to have a jury trial and to collect compensatory and punitive damages.

Question 5

Americans with Disabilities Act (ADA)

Answer 5

Prohibits employers from discriminating against individuals with disabilities who are qualified during hiring, job application procedures, advancement, firing, job training, compensation, and other privileges, terms, and conditions of employment.

Question 6

Age Discrimination in Employment Act (ADEA)

Answer 6

Prohibits employers from discriminating against individuals aged 40 or older in wages, hiring, promotions, layoffs, benefits, terminations, and other terms or conditions when it comes to employment

Question 7

Equal Pay Act (EPA)

Answer 7

Prohibits employers from partaking in wage discrimination between men and women based on sex.

Question 8

Pregnancy Discrimination Act (PDA)

Answer 8

Prohibits employers from discriminating against employees who are pregnant or suffering from pregnancy-related conditions.

Question 9

The Affordable Care Act

Answer 9

Also known as “Obamacare,” which was enacted to increase access to affordable healthcare for those living below poverty levels

Question 10

The Employee Retirement Income Security Act (ERISA)

Answer 10

Stipulates that any organization offering pension plans must meet certain minimum standards.

Question 11

The Consolidated Omnibus Budget Reconciliation Act (COBRA)

Answer 11

Mandates that insurance programs must provide eligible employees (employees and their families after a job loss or other qualifying event) access to continued health insurance coverage for a period of time after leaving employment. Qualifying events include voluntary or involuntary job loss, reduction in hours worked, the death of the employee, or the divorce or legal separation of the employee and their spouse.

Question 12

The Health Insurance Portability and Accountability Act (HIPAA)

Answer 12

Affords employees and their dependents protection and privacy from the release of personal medical records. This law also protects employees from discrimination based on medical condition or history

Question 13

Immigration and Nationality Act (INA)

Answer 13

Serve to ensure that employers only hire candidates eligible to work in the U.S., including citizens, noncitizen nationals, lawful permanent residents, and aliens authorized to work. These regulations online the use of I-9 forms to verify compliance.

Question 14

Immigration Reform and Control Act (IRCA) of 1986

Answer 14

Prohibits employers from hiring illegal aliens and requires them to verify that employees are legally entitled to work in this country. It also bans discrimination based on national origin or citizenship status

Question 15

Occupational Safety and Health Act (OSHA)

Answer 15

Created in 1970 to ensure employees are afforded safe working conditions. Compliance of this regulation is overseen by the Occupational Safety and Health Administration, a division of the U.S. Department of Labor

Question 16

Worker Adjustment and Retraining Notification Act (WARN)

Answer 16

Imposes restrictions on the way layoffs are handled. It is designed to give employees advance notice of the layoff in order to find another job, to seek retraining in a new occupation, and to give state dislocated-worker units adequate preparation to assist affected workers.

Question 17

Current federal minimum wage

Answer 17

$7.25

Question 18

Current federal minimum wage for tipped

Answer 18

$2.13

Question 19

DC minimum wage

Answer 19

$13.25

Question 20

Maryland minimum wage

Answer 20

$10.10

Question 21

Virginia minimum wage

Answer 21

$7.25

Question 22

Exempt Employee

Answer 22

Category of employees set out in the Fair Labor Standards Act. They do not receive overtime pay, nor do they qualify for the minimum wage

Question 23

Non-Exempt Employee

Answer 23

Category of workers who is entitled to earn at least the minimum wage for every hour they work and qualify for overtime pay

Question 24

Retaliatory Discharge

Answer 24

Refers to an employer terminating an employee for anything other than a work-performance related reason

Question 25

Having the force of law, which type of rules or orders are issued by the U.S. Environmental Protection Agency?

Answer 25

Regulations . Regulations reflect how laws will be implemented and often have the force of law.

Question 26

What is an amendment?

Answer 26

An amendment is a modification to the Constitution or a law.

Question 27

What is a bill?

Answer 27

A bill is a proposal presented to a legislative body for possible enactment as a statute.

Question 28

Sarbanes-Oxley Act (SOX)

Answer 28

Regulations passed by Congress in 2002 to try to reduce unethical corporate behavior and improve protections for investors. Mandated strict reforms to improve financial disclosures.

Question 29

Pay Compression

Answer 29

When the pay of one or more employees is very close to the pay of more experienced employees in the same job.
OR: when employees in lower-level jobs are paid almost as much as their colleagues in higher-level jobs, including managerial positions.

Question 30

What principle provides that employees should be treated fairly, given clear expectations, and provided an opportunity to defend themselves for a dischargeable offense?

Answer 30

Due process

Question 31

What types of employers does FMLA apply to?

Answer 31

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.

Question 32

What criteria determines eligibility for FMLA?

Answer 32

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles

The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave, are not included

These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year