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SBM > HR and gov reg > Flashcards

HR and gov reg Flashcards

1
Q

What are the focuses of HR?

A

-Management of employees
-Recruiting
-Training
-Assessing
-Establishing incentives

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2
Q

What falls under the HR screening process?

A

Talent management
–Locate, hire, and retain best qualified employees

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3
Q

-Primary enforcing agency for employment discrimination
-Guidelines and requirements for employment practices
-Retaliation by employer is illegal (applies to all federal employment legislation)

A

Equal Employment Opportunity Act
-Equal Employment Opportunity Commission

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4
Q

-Prohibits general discrimination
-Key section for employment law: Title VII
-Enforced by EEOC (employers must post notices)
-Applies to businesses with 15+ employees
-Present, former, and applicants protected under
race, color, sex, national origin, religion protected

A

Civil Rights Act 1964

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5
Q

For a claim to take place under the Civil Rights Act, what must occur?

A
  1. Failing to hire
  2. Termination
  3. Discrimination in pay
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6
Q

-Prohibits discrimination agains same as Civil Rights and adds on
-Disability
-Sex
-Age
-Genetics (family medical history)

A

Equal Employment Opportunity Act

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7
Q

Outlaws discrimination in pay based upon gender
-May go directly to court (do not have to file with EEOC)
-Statute of limitations (within 2 years of alleged unlawful compensation

A

Equal pay act

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8
Q

Employers shall not discriminate based on pregnancy when it comes to:
-hiring
-firing
-pay
-job assignment
-promotion
-layoff
-training
-fringe benefits
other terms or conditions of employment

A

Pregnancy discrimination act

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9
Q

Guarantees disabled equal access to employment and public places
-Employer cannot ask about disability.
-Can make a condition after hiring, but has to apply to all employees and must be job related

A

Americans with disabilities act (ADA)

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10
Q

Requires employers treat employees equally regardless of age
-Protects people over 40

A

Age discrimination in employment act

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11
Q

Outlaws employment discrimination against Vietnam veterans

A

Vietnam era veterans readjustment act

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12
Q

What is recruitment and selection when it comes to human resources?

A

Forming a pool of qualified applicants relative to tasks that need to be filled
Factors:
-Demographic
-Environmental conditions
-Identity of organization
-Security and advancement
-Experience requirements
-Responsibility
-Wages and benefits
-Labor market: supply and demand

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13
Q

What are some sources for employee recruitment?

A

-Internet
-Employment agencies (private: headhunters or public: government programs)
-Schools
-Referrals
-Classified

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14
Q

What is the employment application process?

A
  1. Employment application
  2. Resume and cover letter
  3. The employment interview
  4. Screening process
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15
Q

Record of statements made at the time the application first seek employment
-General info
-Education requirement
-References
-Employment history
-Qualifications and skill
-Examination physically or mentally
-Should not ask certain info

A

Employment application

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16
Q

What are the steps of the employment application?

A

Step 1: Job analysis
-determine critical components of the job for selecting, training, and rewarding personnel
Step 2: Job description
-document and list major responsibilities and tasks
*Job specification: document that lists knowledge, skills, ability, and characteristics

17
Q

-A qualification
-Absolutely necessary for the job
-Allowed/ approved reason for discrimination (,ust be reasonable)

A

Bona fide occupational qualification (BFOQ)

18
Q

What are some items an employer might be looking for during the screening process?

A

-Reference checking
-Background check
-Credit check
-Drug test
-Driving record (actually looking at insurability)

19
Q

What is the employee handbook not?

A

A contract
-If not clear, it could be construed as an enforceable implied contract

20
Q

What are some of the sections commonly found in the employee handbook?

A

-Company profile
-Health and safety
-Compensation and benefits
-Employment status (employee vs IC)
-Schedules and leave
-Performance
-Conduct and company policy: anti discrimination and sexual harassment
-Discipline and termination
-Agreement

21
Q

What are the required state and federal forms for hiring?

A

-W4
-I-9

22
Q

What is the W4?

A

Employee withholding allowance certificate

23
Q

What does the I-9 (employment eligibility verification) form cover?

A

The immigration reform act: requiring employers to check job applicants papers to be sure they are either US citizens or aliens authorized to work in the US
-Can not ask if US citizen during interview. “Are you authorized to work in the US?”
-Must be confirmed after hired

24
Q

What does small business law aim to do?

A

-Promote competition
-Protect workers
-Protect consumers

25
Q

Outlaws discriminatory practices in pay and overtime work
-Enforced by wage and hour division of the department of labor

A

Fair labor standards act

26
Q

What are the exemptions from the FLSA in overtime and minimum wage?

A

-White collar exemption (funeral directors)
-Executive, administrative, professional employees
-Computer employees
-Outside sales

27
Q

What is the federal minimum wage as of 2021?

A

$7.25

28
Q

What are the overtime laws?

A

-Waged employees earn 1.5x hrs
-More than 40hrs in one week

29
Q

Ensures employees unpaid leave for childbirth and other family needs
-Birth of child
-Care of a newborn
-Adoption/ foster child
-Care for a serious health condition (for employees, spouse, child, or parent, and military family member)
-Common leave 12 weeks (26 for military)
-Applies to companies of 50+ employees or pay calendar is 20+ weeks

A

Family and medical leave act

30
Q

What is a way to still get some pay when on family or medical leave?

A

Short term disability

31
Q

Occupational safety and health act passed in congress in 1977
-Created occupational safety and health administration
-Sets standards for workplace safety
-Provides training, education, assistance
-Employers with 1+ employees are subject

A

OSHA

32
Q

OSHA is a federal agency, but what kind of power do the states have in terms of OSHA regulations?

A

The states can can override federal regulations only by making them a higher compliance or more strict

33
Q

Environment protection regulatory
-Enforcement authority

A

Environmental protection agency (EPA)

34
Q

What are legalities that promote fair competition amongst small businesses?

A
  1. Professional licenses
    -State
    -Supervisor
    -Funeral
    -Branch
  2. Regulation agencies
    -Enforce
  3. Local permits
    -City, county, municipality, township

SBM (12 decks)

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