Human Resources Flashcards
Fair Labor Standards Act of 1938
Prescribes standards for wages and overtime pay. It requires employers to pay covered employees one and one half time the regular rate of pay for overtime.
The Contract Work Hours and Safety Standards Act
A US Federal law that covers hours and safety standards on construction contracts. The act applies to Federal contrats over $100,000.
Executive Order 11246
For US Government construction contractors, prohibits against discrimination. Also required contractors with 51 or more employees and contracts over $50,000 to increase participation of minorites and women in the work place.
Immigration Reform and Control Act of 1986
- Required employers to attest to the employees immigration status
- Made it illegal to knowingly hire immigrants.
- legalized certain season jobs for illegal immigrants.
- legalized immigrants who entered the US before January 1, 1982.
Family Medical Leave Act of 1933
A US Federal Law requiring employers to provide employees job protection and unpaid leave for qualified medical and family reasons. Includes: Personal or family illness, family military leave, pregnancy, adoption, foster care place of a child.
Rehabilitation Act of 1973
Section 503 prohibits discrimination and requires employers with federal contracts exceeding $10,000 to take affirmative action to hire, retain and promote qualified individuals with disabilities.
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA Insurance)
Employer must offer continued coverage to employee after a qualifying event, termination, death, reducation of hours, at the employees cost for a period of 18-36 months depending on the qualifying event.
Employees Retirement Income Security Act of 1974 (ERISA)
Ensures benefit plans are for the benefit of the plan participatns. Covers pension and welfare plans and requires sponsors to keep the plans in compliance with its standards. Requires plan assets to be invested prudently.
Title VII of the Civil Rights Act of 1964
Prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employement, on the basis of race, color, religion, sex or national origin. This law is enforce by the Equal Employment Opportunity Commission.
Equal Pay Act of 1963
Amended the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex. Signed into law on June 10, 1963 by John F. Kennedy.
Age Discrimination in Employment Act of 1967
The ADEA includes a broad ban against age discrimination and also specifically prohibits:
- Discrimination in hiring, promotions, wages or termination of employment and layoffs.
- Mandatory retirement based on age is permitted for executives over age 65 in high policy making positions.
Americans with Disabilities Act of 1990 (ADA)
Senator Tom Harkin authored the bill. Signed into law on July 26, 1990 by George H W Bush and later amended with changes effective January 1, 2009. It affords protect against discrimination to Americans with disabilities similar to the Civil Rights Act of 1964.
Civil Rights Act of 1991
United States statute that was passed in response to a series of US Supreme Court decisions which limited the rights of employees who had sued their employers for discrimination. It provided for the right to trial by jury on discrfimination claims and introducted the possibility of emotional distress damages, while limiting the amount that a jury could award.
Developing and Maintaining a sound base pay program
Three Goals:
1) Attract
2) Encourage Employees to achieve company goals
3) Retain
3 methods of compensation
1) Benefits
2) Base Pay
3) Variable Pay
Components of a wage structure
- Establish job families, pay grades and pay ranges.
Wages Paid
Davis Bacon wages must be paid weekly
Medical Benefits
HMO (Health Maintenance Organization) (Kaiser) Provide hyealth care through a limitied number of doctors and hospitals.
PPO (Preferred Provider Organization - Participating providers in a network have agreed to accept a pre-determined rate for services. Network is not as limitied as HMO.
Disability Benefits
- Short term - covers 1 week 52 weeks with 26 weeks being most common, usually includes a waiting period.
- Sick leave - often used to cover a waiting period
- Long term - usually a 3 - 6 month waiting period and covers a % of gross income.
Section 125 plan
*Must be a written plan
*Employee must make written elections to participate in qualified benefits tax free.
*Not taxable for FIT/FICA/FUTA and most cases SIT.
*Employee cannot make changes during year - must wait for open enrollment unless a qualified event happens.
Includes:
Life Insurance
Disabilitiy
Medical/Dental/Vision
401K Contributions
