Human Resources Flashcards
Equal Employment Opportunity Commission
dictates who is protected under employment laws in the US
Fair Credit Reporting Act (FCRA)
employers must gain written consent to request a report- enforced by the federal trade commission
Title Vii of the Civil Rights Act of 1964, as amended
prohibits discrimination of race, color, religion, sex, or national origin throughout the entire employment process - 1964 guarantee to protect against discrimination
The civil rights act of 1991
anyone suing for intentional discrimination is allowed to recover compensatory and punitive damage
Age discrimination in employment act (adea)
prohibits employment discrimination based on age over 40 years
Title 1 of the Americans with Disabilities Act
prohibits employment discriminations against disabled persons who, with or w/out reasonable accommodation, can perform the job
Fair labor standards act (FLSA)
sets requirements for timekeeping, minimum wage, overtime, regulates child labor employment
FLSA overtime rules
employees must pay at least the federal minimum wage and 1.5 times their regular rate for overtime
use the 3 tests that are used to determine whether an employee is eligible for overtime pay: salary, salary basis, duties tests
Equal Pay Act
employers must pay equal wages to male and female employees who perform similar work of equal skill, effort and responsibility
Occupational Safety and Health Act (osha)
Regulates workplace safety and health
ERISA- Employee Retirement Income Security Act
regulates employee pension and welfare benefit plans
Immigration Reform and Control Act (IRCA)
prohibits employment discrimination based on national origin or citizenship- prohibits employers from hiring illegal aliens or to knowingly accept false documents
National Labor Relations Act (NLRA)
regulates all labor management relationships and prohibits discrimination based on union activity
Family and Medical Leave Act (FMLA)
entitles employees to unpaid job protected leave for specified family and medical reasons
Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA)
allows extension of insurance coverage on a self-pay basis, to those who would otherwise lose coverage due to leave, reduced hours, termination, etc
Heath Insurance Portability and Accountability Act of 1996 (HIPAA)
provides standards for an employees new group health plan to limit or exclude pre-existing conditions
Workers compensation
no federal laws- state only, each state has its own insurance system for workplace injury claims
Protected classes
race, color, religion, sex, women, individuals 40+, genetic information, disability, national origin, pregnancy
Federal Posting Requirements
must be posted where employees can see them, must not be altered, defaced, or covered by other material, additional requirements in some states
Total Cash Compensation
base salary, benefits, free apartments or employee rent discounts, incentive/variable pay, recognition/reward programs, additional benefits
Benefits
medical insurance, retirement programs, social security contributions, unemployment programs, life insurance, short and long term disability insurance; benefits add 30%-40% to payroll costs
Timesheets
are used to track time worked
Applications and interviews
retain all submitted resumes and applications for one year after the date received
Behavior based interviewing
asking a candidate about past experiences to determine how they will perform on the job
employment at will
legal concept governing the nature of employment relationship, confirms no written agreement or contract
New hire record keeping
based on the requirements of FACTA timing of the destruction of certain documents collected during the hiring process is mandated by law
Smart Goals
specific, measurable, attainable, relevant, timebound
motivate employees
emphasize achievements, inspire people to use their own ideas, trust and respect, focus and build, acknowledge performance
what parts of the employment process are covered by employment laws?
recruiting, hiring, terms and conditions of employment, termination, post employment relationships
What are the federal protected classes designated in employment laws?
race, color, religion, sex, women, individuals 40+, genetic info, disability, national origin, pregnancy
what are the federal posting requirements?
notices must be conspicuously located in work locations, postings must not be altered, defaced or covered by other material
What postings are required by federal laws?
fair labor standards act, Title VII of the civil rights act and ADEA, employee polygraph protection act, OSHA,, Americans with disabilities act, family medical leave act, equal pay act, USERRA
What components make up an employees total cash compensation?
salary, benefits, free apartments or rent discounts. incentive pay, recognition, rewards program
Describe how base salaries are determinded?
median salary, ranges that take into account experience, property size, and performance, surveys
What codes represent the largest shares of the cost of employer sponsored benefits packages?
medical benefits
What is the incentive or variable pay?
pay that varies with individual performance and sometimes team performance
List the ways personnel could earn incentive pay?
leasing commissions, lease renewals, individual and team performance, resident satisfaction/retention, financial benchmarks, occupancy benchmarks
How should you store employee records to maintain confidentiality?
based on direction from the HR department- always in locked filing cabinet
What are some online recruiting resources?
property website, RPMcareers, NAAEI, job posting websites
What is the effective strategy when sourcing social media?
use multiple networks collaboratively
What four steps can you take to refine your pool of canidates?
review the interview evaluation form, verify references, conduct second interview, use preemployment screening agencies
why would you want to use behavior based interviewing?
to learn about past job responsibilities, experience, and reactions to situations
What is a condition of employment of employment offer contingent upon?
satisfactory reference, results of tests and background checks
What is employment at will?
allows employer or employee to terminate the relationship anytime
What are the consequences for poorly trained uniformed personel?
it can cost the owner, you and employees time and money
What are SMART goals?
specific, measurable, attainable, relevant, timely
Define delegation
passing your authority to an employee and holding them accountable for the task
how can you motivate employees
emphasize achievements, inspire people to use their own ideas, trust and respect, focus and build on accomplishments, acknowledge performance
What are the purposes of a performance evaluation
review prior performance, review job standards, review supervisor expectations, get feedback from employees, set goals for future performance
on what should you base a performance evaluation
SMART goals
what are the five approaches to resolving conflict
audience, accommodations, win/lose, compromising, problem solving
what is harrasment
behavior that is offensive to individuals or groups
in a situation of workplace violence what should you do
warn others leave the area immediately and call police
when disciplining staff, how can you give employees the opportunity to improve
use the progressive discipline process
what types of counseling should you document
all types including verbal
regarding termination what state specific information should you verify with your local HR office
exit interviews, final payment of wages, unemployment compensation, responding to reference requests
