Employment Laws

Question 1

Title VII of the Civil Rights Act

Answer 1

Applies to employers w/ 15+
Prohibits discrimination: race, color, national origin, religion and sex (includes LGBTQ)
Includes discrimination on basis of pregnancy, sex stereotyping and sexual harassment
Prohibits “hostile” and “offensive” conduct
Prohibits retaliation

Question 2

Disparate Impact v. Disparate Treatment

Answer 2

Treatment = intentionally treating someone different due to protected category
Impact = Creating policy or practice that effects a particular group differently, even if unintentional

Question 3

ADA

Answer 3

Applies to employers w/ 15+

Prohibits discrimination against “otherwise qualified” individual w/ physical or mental disability

Question 4

ADA - Reasonable Accommodation

Answer 4

If they can perform essential functions of the job

Question 5

Disability definition

Answer 5

physical or mental impairment that substantially limits one or more major life activities (walking, seeing, talking, hearing, thinking)

Question 6

FMLA

Answer 6

Applies to employers w/ 50+

Question 7

Pregnancy Discrimination

Answer 7

Amendment to Title VII

Applies to those with 15 or more employees

Question 8

Age Discrimination in Employment Act (ADEA)

Answer 8

Applies to employers w/ 20+

Protects those over 40 from discrimination

Question 9

ADEA Exceptions

Answer 9

Bona fide seniority system (length of service)
Bona fide occupational qualification (airline pilot retirement date)
Business necessity
Good Cause
Top Executive ($44K pension)

Question 10

Older Workers Benefit Protection Act (OWBPA)

Answer 10

Amendment to ADEA
Protects fringe benefits - ER must pay same amount for each benefit whether ee is young or old
-Settlement agr must contain specific provisions (21 days to sign; 45 days if it impacts more than 2 ee)

Question 11

Consolidated Omnibus Budget Reform Act (COBRA)

Answer 11

Applies to employers w/ 20+
Extend coverage 18-36 months
Give ee 60 days to choose coverage

Question 12

COBRA extended coverage lengths

Answer 12

18 months - terminated (anything other than gross misconduct)
29 months - disability
36 months - death or divorce

First premium paid w/in 45 days after electing COBRA

Question 13

Consumer Credit Protection Act (CCPA)

Answer 13

Limits amount of wages that can be garnished in one week

Protects ee from discharge b/c wages are garnished

Question 14

Fair Credit Reporting Act (FCRA) of 1969

4 steps when obtaining credit info

Answer 14

Employer Certification (why we need)
Disclosure Authorization (applicant/ee must know)
Pre-Adverse Action (give report to applicant/ee)
Adverse Action (give to applicant)

Question 15

Employee Polygraph Protection Act (EPPA)

Answer 15

No Lie Detector tests for pre-employment or during employment
Exceptions:
governmental agencies, security firms, EE suspected of loss and is under investigation

Question 16

Equal Pay Act (EPA) of 1963

Answer 16

Do the same work, get the same pay

Question 17

Lily Ledbetter Fair Pay Act of 2009

Answer 17

Pay Discrimination is unlawful
File within 180 days of discriminatory act/paycheck
Covers beneficiaries

Question 18

Worker Adjustment and Retraining Notification Act (WARN)

Answer 18

Applies to employers w/ 100+ ee
60 day notice of office closing or mass layoff
applicable if it involves 50 people during 30 day period

Question 19

Employee Retirement Income Security Act (ERISA)

Answer 19

Protects pensions
Fiduciary duties
Sets standards for participation, vesting, accrual and funding

Question 20

ERISA - defined benefit plan

Answer 20

guarantees specific amount per month at retirement (employer funded)

Question 21

ERISA - defined contribution plan

Answer 21

ee and/or er contribute $

Question 22

401K plans

Answer 22

Traditional 
Safe Harbor
SIMPLE
Automatic Enrollment
ROTH

Question 23

FLSA

Answer 23

OT - over 40 hours in workweek
Minimum Wage ($7.25)
Exempt EEs
Child Labor Provisions

Question 24

FLSA Exempt EEs

Answer 24

Executive

Administrative

Question 25

Nursing Mothers

Answer 25

for one year after birth – provide reasonable place and time

Question 26

Genetic Information NonDiscrimination Act (GINA) of 2008

Answer 26

Applies to employers with 15+

Can’t use Genetic Info

Question 27

Mental Health Parity Act and Addiction Equity Act (MHPAEA)

Answer 27

Applies to Large group plans (not to self-insured with 50 or fewer ees)
If cover mental health/substance use disorder (MH/SUH) must be similar to other medical/surgical benefits (copay, treatment length etc.

Question 28

National Labor Relations Act (NLRA)

Answer 28

Can organize

Question 29

Occupational Safety & Health Act (OSHA)

Answer 29

Safe working conditions

OSHA 300 form for each occupation injury and illness submitted within 6 days of incident

Question 30

Sarbanes-Oxley Act (SOX)

Answer 30

SOX gives employees whistleblower protection where ee reports suspected fraud
Duties/Penalties for corporate boards

Question 31

Uniformed Services Employment and Reemployment Act (USERRA)

Answer 31

EE may be absent from work up to 5 years (cumulatively)
Return ee to same seniority, status and pay as if they were there
Service members may elect to continue er sponsored health care for up to 24 months, but they must pay up to 102% of premium

Question 32

Immigration Reform and Control Act (IRCA)

Answer 32

Employ only those who are legally authorized to work

Fill out I-9 forms