HR legislation Flashcards
Dodd-Frank Wall Street Reform and Consumer Protection Act
Wide range of mandates for public companies in the financial industry, including nonbinding vote for shareholders on executive compensation and golden parachutes, return of executive compensation based on inaccurate financial statements, ratio of CEO pay to average employee compensation, and financial rewards for whistleblowers.
Patient Protection and Affordable Care Act (PPACA)
Starting in 2014, requires virtually all citizens and legal residents of the U.S. to have “affordable, minimum health coverage” (an exception is made for lower income individuals). Failure to do so results in an excise tax penalty. Also mandates that employers with more than 50 employees provide health-care coverage or pay a $2,000 per employee penalty and establishes a broad array of minimum benefit requirements for new plans.
Executive Order 13496
Requires contractors entering into contracts with the federal government to post notices informing employees about their rights under federal labor law and include provisions in their contracts that require their subcontractors to post the same employee notice.
Health Information Technology for Economic and Clinical Health (HITECH) Act
Requires covered entities, business associates, and vendors of personal health records to notify, in the event of a breach of any protected health information, each individual whose protected health information has been disclosed (or is reasonably believed by the covered entity to have been disclosed) without authorization.
American Recovery and Reinvestment Act (ARRA)
Includes significant changes to COBRA continuation coverage rules and imposes new requirements regarding HIPAA.
Lilly Ledbetter Fair Pay Act
Creates a rolling time frame for filing wage discrimination claims; retains the 180-/300-day time frame outlined in the Title VII but allows the clock to renew each time employees receive compensation that is based on a discriminatory decision by the employer.
Mental Health Parity and Addiction Equity Act (MHPAEA)
Amends the Mental Health Parity Act of 1996. Requires that plans that offer both medical/surgical benefits and mental health and/or substance use disorder benefits provide parity between both types of benefits with respect to financial requirements (e.g., deductibles, co-payments, coinsurance, out-of-pocket expenses, and annual limits) and treatment requirements (e.g., frequency of treatment, number of visits, days of coverage).
Genetic Information Nondiscrimination Act (GINA)
Prohibits discrimination against individuals on the basis of their genetic information in both employment and heath care.
ADA Amendments Act
Amendments to Americans with Disabilities Act covering mitigating measures and definition of individuals regarded as having a disability.
National Defense Authorization Act
Provides additional FMLA leave for military families, expanding FMLA to include employees caring for an injured service member as well as those who have a family member called to active duty.
Pension Protection Act (PPA)
Changes the laws that affect defined benefit and contribution plans, individual retirement accounts, and other issues related to retirement planning.
Fair and Accurate Credit Transactions Act (FACT)
Provides relief to employers using third parties to conduct workplace investigations; consent and disclosure requirements need not be followed if investigation involves suspected misconduct, a violation of the law or regulations, or a violation of preexisting written policies of the employer.
IRS Intermediate Sanctions
Provides guidelines regarding the determination of reasonable compensation for executives of nonprofit organizations; allows the IRS to impose penalties when it determines that top officials have received excessive compensation from their organizations.
Homeland Security Act
Established to secure the United States against terrorist attacks and other threats and hazards and ensure safe and secure borders.
Sarbanes-Oxley Act (SOX)
Requires administrators of defined contribution plans to provide notice of covered blackout periods; provides whistleblower protection for employees.
USA PATRIOT Act
Gives federal officials greater authority to take measures to combat terrorism.
Economic Growth and Tax Relief Reconciliation Act (EGTRRA)
Adjusts vesting schedules, increases retirement plan limits, permits catch-up contributions by participants over age 50 in certain plans, and modifies distribution and rollover rules.
Taxpayer Relief Act
Created tax-advantaged savings mechanisms, including Roth IRAs and Education IRAs, for individual taxpayers.
Foreign Corrupt Practices Act (FCPA)
Prohibits American companies from making corrupt payments to foreign officials for the purpose of obtaining or keeping business.
Work Opportunity Tax Credit (WOTC)
Authorized by the Small Business Job Protection Act of 1996; encourages employers to hire targeted groups of job seekers by reducing employers’ federal tax liability.
Small Business Job Protection Act
Affects employee benefit programs, changes the rules concerning 401(k) and IRA accounts, and provides tax incentives for businesses, along with changes in reporting requirements.
Mental Health Parity Act (MHPA)
Requires health insurance issuers and group health plans to adopt the same annual and lifetime dollar limits for mental health benefits as for other medical benefits.
Health Insurance Portability and Accountability Act (HIPAA)
Ensures that individuals who leave or lose their jobs can obtain health coverage even if they or someone in their families has a serious illness or injury or is pregnant.
Congressional Accountability Act
Requires that any federal employee relations legislation enacted by Congress applies to the employees of Congress as well.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Requires that employers continue benefits and counting credited service for retirement plan purposes for employees called up for active duty in the uniformed services of the U.S.
Omnibus Budget Reconciliation Act (OBRA)
Reduces compensation limits in qualified retirement programs; triggered increased activity in nonqualified retirement programs as well as some plan terminations.
Family and Medical Leave Act (FMLA), expanded 2008, 2010
Allows employees to take 12 weeks per year of unpaid leave for birth or adoption of a child or serious health condition of themselves or an immediate family member. Expanded by the National Defense Authorization Act for Fiscal Year 2008 and again for Fiscal Year 2010; added two new FMLA-qualifying events: qualifying exigency leave and military caregiver leave.
Unemployment Compensation Amendments (UCA)
Imposes mandatory 20% federal income tax withholding on qualified retirement plan proceeds that a recipient does not roll over into another qualified plan.
Civil Rights Act
Expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages.
Older Worker’s Benefit Protection Act (OWBPA)
Prohibits discrimination with regard to benefits on the basis of age; covers employers with 20 or more employees; provides terminated employees with time to consider group termination or retirement programs and consult an attorney.
Americans with Disabilities Act (ADA)
Prohibits discrimination against individuals with disabilities; covers virtually all employers with 15 or more employees.
Worker Adjustment and Retraining Notification (WARN) Act
Requires some employers to give at least 60 days’ notice of plant or office closings or mass layoffs; covers employers with 100 or more employees.
Employee Polygraph Protection Act
Generally prevents employers engaged in or affecting interstate commerce from using lie detector tests either for preemployment screening or during the course of employment, with certain exemptions.
Drug-Free Workplace Act
Requires federal contractors with contracts of $100,000 or more to follow requirements to certify that they are maintaining a drug-free workplace.
Electronic Communications Privacy Act (ECPA)
Sets forth provisions for access, use, disclosure, interception, and privacy protections of electronic communications. Made up of Wiretap Act, which prohibits interception of e-mails in transmission, and Stored Communications Act, which protects e-mail in storage.
Immigration Reform and Control Act (IRCA)
Prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee’s identity and right to work; requires an I-9 to be completed by the employer and new hire.
Tax Reform Act
Makes extensive changes in the tax laws, including reduction in tax brackets and all tax rates for individuals.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Amends IRS code and ERISA to require that most employers provide continued group health insurance coverage to terminated or separated employees and family members at group rates (plus administrative costs), paid by employees.
Retirement Equity Act (REA)
Provides certain legal protections for spousal beneficiaries of qualified retirement programs.
Guidelines on Sexual Harassment
Coverage same as the Civil Rights Act of 1964, as amended; defines standards for what constitutes harassment.
Uniform Guidelines on Employee Selection Procedures
Outlines equal employment opportunity principles to more clearly define adverse impact and test validation; assists employers in complying with federal regulations prohibiting discrimination.
Revenue Act
Adds two important sections to the Tax Code relevant to employee benefits: Sections 125 and 401(k).
Pregnancy Discrimination Act
Defines pregnancy as a short-term disability and states that employees must receive the same benefits as for any other short-term disability; falls within Title VII prohibition of sexual discrimination; employers with 15 or more employees are covered.
Civil Service Reform Act
Extends collective bargaining rights to federal employees.
Mine Safety and Health Act
Establishes mandatory mine safety and health standards for underground and surface mines; covers coal, metal, and nonmetal mines.
Copyright Act
Defines the protection provided to authors of “original works” to exclude others from printing or otherwise duplicating, distributing, or vending copies of his or her literary, artistic, and other creative expressions, including through the various means of technology.
Vietnam Era Veterans Readjustment Assistance Act, as amended by Jobs for Veterans Act (JVA)
Prohibits discrimination against certain veterans; covers government contractors with contracts in excess of $25,000.
Privacy Act
Requires that a government entity obtain a government employee’s signed release before giving information about that individual to someone else.
Employee Retirement Income Security Act (ERISA)
Establishes uniform minimum standards to ensure that employee benefit plans are established and maintained in a fair and financially sound manner; protects employees covered by a pension plan from losses in benefits due to job changes, plant closings, bankruptcies, or mismanagement; covers most interstate employers.
Rehabilitation Act, amended 1980
Prohibits discrimination against persons with physical and/or mental disabilities and provides for affirmative action; covers government contractors and federal agencies.
Equal Employment Opportunity Act (EEOA)
Amends Title VII of Civil Rights Act of 1964; increases enforcement powers of EEOC; adds employees of state and local government and educational institutions.
Fair Credit Reporting Act (FCRA), amended 2011
Requires employers to notify an individual in writing if a report may be used; employer must also get person’s written authorization before asking credit bureau for report; protects privacy of background information and ensures that information is accurate. Dodd-Frank Wall Street Reform and Consumer Protection Act amendment to FCRA mandates that employers who take adverse action against a prospective or current employee based on information contained in the prospective or current employee’s consumer report will have additional disclosures to make to the affected individual.
Consumer Credit Protection Act
Limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors.
Age Discrimination in Employment Act (ADEA), amended 1978, 1986
Prohibits discrimination against persons age 40 and over; identifies compulsory retirement for some workers; covers employers with more than 20 employees.
Service Contract Act
Extends prevailing wage rates and benefit requirements to employers providing services under federal government contracts in excess of $2,500.
Executive Order 11246
Prohibits discrimination and requires federal contractors and subcontractors to take positive, results-oriented steps to eliminate employment barriers to women and minorities.
Civil Rights Act (amended by Equal Employment Opportunity Act, 1972)
Prohibits discrimination or segregation on the basis of race, color, religion, gender, or national origin; establishes the Equal Employment Opportunity Commission; covers employers with 15 or more employees, employment agencies, and labor unions.
Equal Pay Act (amendment to FLSA)
Prohibits unequal pay for males and females with equal skill, effort, and responsibility under similar working conditions; no employers are exempt.
Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act)
Outlines procedures for redressing internal union problems; protects the rights of union members from corrupt or discriminatory labor unions; covers all labor organizations.
U.S. Patent Act
Established the U.S. Patent and Trademark Office.
Immigration and Nationality Act (INA)
Fundamental body of U.S. immigration law. Provisions apply to all employers. Addresses employment eligibility and employment verification; defines the conditions for the temporary and permanent employment of aliens in the U.S.
Portal-to-Portal Act
Amends the FLSA; defines “hours worked” and describes general rules for time worked.
Labor-Management Relations Act (LMRA; Taft-Hartley Act)
Prohibits unfair labor practices of unions; outlaws closed shop; prohibits strikes in national emergencies; requires both parties to bargain in good faith; covers nonmanagerial employees in private industry (not covered by the Railway Labor Act).
Trademark Act
Created federal protection for trademarks and service marks.
Fair Labor Standards Act (FLSA)
Establishes a minimum wage; sets standards for FLSA exemptions; addresses basic overtime pay provisions; controls working hours for children; establishes record-keeping provisions.
Walsh-Healey Act (Public Contracts Act)
Guarantees prevailing wages to employees of government contractors with contracts of $10,000 or more.
Social Security Act
Provides income and health care to retired employees and income to survivors of employees who have died; covers virtually all employers.
National Labor Relations Act (NLRA; Wagner Act)
Provides for the right to organize and for collective bargaining; requires employers to bargain; unions must represent all members equally; covers nonmanagerial employees in private industry (not already covered by the Railway Labor Act).
Securities and Exchange Act
Extends the “disclosure” doctrine of investor protection to securities listed and registered for public trading on our national securities exchanges.
Copeland “Anti-Kickback” Act
Precludes a federal contractor or subcontractor from in any way inducing an employee to give up any part of the compensation to which he or she is entitled under his or her contract of employment.
National Industrial Recovery Act
Guarantees employees the right to join unions and bargain collectively; was declared unconstitutional by the Supreme Court in 1935; replaced by the National Labor Relations Act.
Norris-LaGuardia Act
Prohibits “yellow-dog” contracts; prohibits injunctions for nonviolent activity of unions (strikes, picketing, and boycotts).
Davis-Bacon Act
Requires payment of specified wage rates and employee benefits on federal government contracts for public works construction in excess of $2,000.
Railway Labor Act
Provides for the right to organize and for majority choice of representatives; covers railroad and airline employees.
Clayton Act
Exempts unions from the Sherman Anti-Trust Act; limits the use of injunctions to stop a strike.
Sherman Anti-Trust Act
Prohibits businesses in interstate commerce from contracting, combining, or conspiring to restrain trade; prohibits attempting to monopolize the market in a particular area of business.
