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PHR Exam > Law/Acts > Flashcards

Law/Acts Flashcards

1
Q

Uniformed Services Employment and Reemployment Rights Act (USERRA)

A

1994, Grants Leave of absence for up to 5 years
Protects the rights of reservists called to active duty
Administered through the Veterans Employment and Training Service (VETS)
Prohibits discrimination due to past, current, or future military obligations
Employers may not require employees to apply accrued vacation pay to their military leaves.

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2
Q

Employee Retirement Income Security Act (ERISA)

A

created by congress to set standards for private pensions and group welfare programs such as medical and life insurance. ERISA requires orgs to file 3 types of reports:
a summary plan description
an annual report
reports to individual participants of their benefits rights
ERISA records must be maintained for 6 years from the date they were due to be filed with the DOL

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3
Q

Sarbanes-Oxley Act (SOX)

A

Enacted by Congress in 2002 in response to Enron, Tyco and WorldCom scandals and works to ensure the accuracy and fairness of financial reporting for public companies. 2 changes made by SOX:
PCAOB and whistle-blower protections.

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4
Q

Ex Mod

A

Experience Modifier
Workers comp insurance is experience rated, similar to auto insurance
More claims equal higher premium. Companies with low risk have lower experience modifiers (think office jobs)
The higher the ex mod, the higher the premium

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5
Q

OSHA 300 Log

A

An OSHA record keeping requirment: Employers with 10 or more workers must complete for any recordable illness or injury.
must post the summary from February through April
First Aid-only events are not required to be posted

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6
Q

IIPP

A

Injury and Illness Prevention Program
Required by OSHA from employers with 11 or more employees to reduce or eliminate workplace injuries and illnesses. Requires:
-Top level commitment from senior management
-Company regularly engages in workplace hazard analysis
-hazard prevention and control programs in place as preventative measure
-regular safety training meetings to communicate hazards and educate workforce

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7
Q

Election Bars

A

When the National Labor Relations Board (NLRB) prevents a petition to an election:

  • Statutory bar - When a valid election has been conducted (by another union) within the past 12 months, another union cannot petition to represent the same bargaining unity
  • contract bar- When a valid collective bargaining agreement covering a period of 3 years or less exists, it will bar an election for the contract period
  • Blocking bar - If an unfair labor practice (ULP) charge is pending and thus holding up certification, another election will not be allowed.
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8
Q

Excelsior List

A

A list of name and addresses of all employees in the bargaining unit (of a union) that must be provided to the National Labor Relations Board (NLRB) within 7 days of consent or direction of an election.

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9
Q

Leafleting

A

A union term - Union hands out pamphlets to persuade employees to sign authorization cards

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10
Q

Salting

A

A union term - Union sends qualified applicants who are being paid by the union to apply for open positions and who, if hired, begin to organize immediately from within

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11
Q

Bannering

A

A union term - Union places obvious signs outside of the organization to advertise a message to the public and to employees about the business practices

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12
Q

Picketing

A

A union term - The union and its representatives gather outside the employers premises with signs and chants

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13
Q

Union Organizing Process

A
  1. An employee contacts a union or a union targets a specific employer/industry
  2. Interested employees form an organizing committee with the guidance of a union representative
  3. The committee’s goal is to gain support for union representation and begin an authorization card campaign
  4. Before the union can demand recognition or request an election, at least 30 percent of the employees in the targeted group must sign authorization cards
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14
Q

LMRDA

A

Labor Management Reporting and Disclosure Act
Also known as the Landrum-Griffith Act

1959, granted workers a majority vote before a union could increase member dues and created a member Bill of Rights:
Equal rights and privileges within the union to nominate, vote in elections and attend meetings.
The right to be free from arbitrary increases in dues, fees etc.
The right to sue and to a due process

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15
Q

LMRA

A

Labor Management Relations Act
Also know as the Taft - Hartley Act

1947, an amendment to the National Labor Relations Act (NLRA), its primary impact was limiting workers right to strike.
President Roosevelt used this to make 4,000 workers, who were on strike, go back to work

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16
Q

NLRA

A

National Labor Relations Act
Also know as The Wagner Act

1935, to protect the right of workers to organize and bargain collectively.
This act also established the National Labor Relations Board (NLRB) to oversee and enforce the Act.

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17
Q

ADR

A

Alternate dispute resolution:

These include mediation and arbitration

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18
Q

Clawback

A

An executive contract clause

A provision that allows the company to take back payments made to executives under certain conditions such as fraud or accounting errors

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19
Q

Golden Life Jacket

A

An executive contract clause

Offered to an executive after a merger to entice the executive to remain with the reorganized company

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20
Q

Golden Handcuffs

A

An executive contract clause

Used to ensure a length of service by making it difficult to leave the company with out a significant loss of earnings

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21
Q

Golden Parachute

A

An executive contract clause

Used to minimize the risk of an executive losing thier position in the event of a change of controls such as a merger or acquisition

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22
Q

Golden Handshake

A

An executive contract clause

This confirms in writing the terms of a severance agreement, should the executive voluntarily or involuntarily separate from the company

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23
Q

COBRA

A

Consolidated Omnibus Budget Reconciliation Act

Requires a company to provide an option for medical coverage to an employee who has voluntarily or involuntarily separated from the company.

Failure to comply with COBRA regulations can result in fines up to $100 a day

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24
Q

PPO

A

Preferred Provider Organization

Managed medical care plan in which a network of healthcare providers are contracted to provide services to members.
Out-of-network or premium pricing is paid by the patient

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25
Q

HMO

A

Health Maintenance organization

Focused on preventative care and uses a gatekeeper ( Think primary care physician ) when an individual needs to see a specialist

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26
Q

ERISA

A

Employee Retirement Income Security Act

Rules regarding 401(k) administration

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27
Q

Executive Order 11246 AAP

A

An affirmative action plan

Covers women and minorities and is required for each establishment, if a supply or services contractor (or sub contractor) has 50 or more employees and a government contract (or subcontract) of at least $50,000.
Federally assisted construction contractors do not prepare traditional EO 11246, but have 16 equal employment opportunity (EEO) and affirmative action (AA) specifications that they must meet

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28
Q

VEVRAA of 1974, as amended 38 U.S.C. 4212 AAP

A

An affirmative action plan -
Vietnam Era Veterans’ Readjustment Assistance Action

Covers protected veterans and is required for each establishment, if a government contractor (or sub contractor) has 50 or more employees and has a government contract (or subcontract) of at least $150,000.
Federally assisted construction contractor must also prepare the same type of AAP. The categories of protected veterans are:
Disabled veteran - Recently separated veteran (3-yr period) - active duty wartime or campaign badge veteran or an armed froces service medal veteran

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29
Q

Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 793 AAP

A

Covers individuals with disabilities and is required for each establishment, if a government contractor (or subcontractor) has 50 or more employees and a government contract (or subcontract) of at least $50,000. Federally assisted construction contractors must also prepare the same type of AAP. The government allows the VEVRAA AAP and the Section 503 AAP to be combined into one if both are required

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30
Q

Organizational profile

A

A component of Executive Order 11246

Employers choose the format that works best: organizational display (traditional organization chart) or workforce analysis (listing of job titles from lowest to highest paid)

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31
Q

Job group analysis

A

A component of Executive Order 11246

Places job titles with similar content, wages, and opportunities into job groups for analysis.

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32
Q

Placement of incumbents in job groups

A

A component of Executive Order 11246

Lists percentages of minorities and women employed in each job group.

33
Q

Determining availability

A

A component of Executive Order 11246

Estimates the number of qualified minorities or women available for employment in a given job group, often within a specific geographic area.

34
Q

Comparison of incumbency to availability

A

A component of Executive Order 11246

Compares the percentage of minorities and women in each job group with the availability for those job groups within a specific geographic area.

35
Q

Placement goals

A

A component of Executive Order 11246

When the percentage of minorities or women employed in a particular job group is less than would reasonably be expected given their availability percentage in that particular job group, the contractor must establish a placement goal. Placement goals serve as objectives or targets reasonably attainable by means of applying every good-faith effort. Placement goals are not quotas or preferences.

36
Q

Designation of responsibility

A

A component of Executive Order 11246

Assigns responsibility and accountability for the implementation of EEO and the affirmative action program to an official of the organization.

37
Q

Identification of problem areas

A

A component of Executive Order 11246

Requires analysis of the total employment processes to determine whether and where impediments to equal opportunity exist.

38
Q

Action-oriented programs

A

A component of Executive Order 11246

The contractor must develop and execute action-oriented programs designed to correct any problems identified and to attain established goals and objectives.

39
Q

Internal audit and reporting system

A

A component of Executive Order 11246

The contractor must develop and implement an auditing system that periodically measures the effectiveness of its total affirmative action program.

40
Q

ADEA

A

Age Discrimination in Employment Act of 1976

Prohibits discrimination against persons 40 years of age or older in employment activities including hiring, job assignments, training, etc.
This applies to private businesses, unions, employment agencies adn state and local governments with more than 20 employees.

41
Q

ADEA Exceptions

A

Age Discrimination in Employment Act of 1976 have the following exceptions:

  • Bona Fide occupational qualifications (BFOQ’s) that are resonable to the business operations
  • The hiring of firefighters or police officers by state or local governments
  • Retirement of employees age 65 or older who have been in executive positions for at least two years and are eligible for retirement benefits of at least $44,000 per year
  • Retirement of tenured employees of institutions of higher education at age 70
  • Discharge or discipline for just cause
42
Q

OWBPA

A

The Older Worker Benefit Protection Act
An amendment to the Age Discrimination in Employment Act ADEA in 1990 to include a prohibition on discrimination against older workers in all employee benefit plans unless any age-based reductions are justified by significant cost considerations.

43
Q

ADA

A 
The Americans with Disabilities Act of 1990
extended protected class status to qualified persons with disabilities.
44
Q

Civil Rights Act (Title VII) - what are the additional amendments?

A

Civil Rights Act of 1964 (Title VII) introduced the concepts of protected classes and unlawful employment practices. This act identified 5 protected classes: race, color, religion, national origin and sex.
This also created the Equal Employment Opportunity Commission (EEOC) as the enforcement agency for the Title VII. This did not include Educational institutions, state and local governments and the federal government

Equal Employment Opportunity Act of 1972 (EEOA) provided the EEOC with litigation authority and extended coverage to include educational institutions, state and local governments and the federal government.

Pregnancy Discrimination Act of 1978 amended Title VII adding protections against discrimination against women on the basis of pregnancy, childbirth. The act specified that pregnant employees should receive the same treatment and benefits as employees with any other Short-Term disability

Civil Rights Act of 1991 contained amendments affecting ADEA, ADA and title VII. including responding to the Griggs vs. Duke Power Co. case influencing disparate impact.

45
Q

Respondeat Superior

A

An employer can be held liable for actions of its employees that occur within the scope and course of assigned duties or responsibilities in the course of their employment, regardless of whether the act is negligent or reckless

46
Q

Constructive Discharge

A

Occurs when an employer makes the workplace so hostile and inhospitable that an employee resigns.

47
Q

Copyright Act of 1976

A

Prohibits the use of musical, literary and other original works without the permission of the owner of the copyright.
2 exceptions being:
An employer who hires employees to create original works as part of their normal job duties is the owner of the copyright because they paid for the work to be done
freelance work by an author or musician that has been commissioned to create the work by someone else, is owned by the person who commissioned the work.
the 2 exceptions are known as work-for-hire exceptions

48
Q

Copyright Act of 1976 protections

A

opyrights protect original works for the life of the author plus 70 years; after that, the works may be used without permission. Works-for-hire are protected for the shorter of 95 years from the first year of publication or 120 years from the year of creation.
Some works published without notice of copyright before January 1, 1978, or those published between then and March 1, 1989, are also considered to be in the public domain.

49
Q

Fair use doctrine

A

The Act specifies that use of a work for the purposes of criticism, commentary, news reporting, or teaching (including multiple copies for classroom use, scholarship, or research) is not an infringement, depending upon four factors:The purpose and character of the use. Is it to be used for a profit or for a nonprofit educational purpose?The nature of the work itself. Is it a work of fiction? Or is it based on facts? How much creativity did it require?The amount of work. How much of the work (one copy or 50?) or what portion (a paragraph or an entire chapter?) will be used?The effect. What effect will the use of the material have on the potential market value of the copyrighted work?Permission for the use of copyright-protected material that is outside the fair use exceptions can generally be obtained by contacting the author or publisher of the work.

50
Q

Davis-Beacon Act of 1931

A

The Davis-Bacon Act was the first federal legislation to regulate minimum wages. It requires that construction contractors and their subcontractors pay at least the prevailing wage for the local area in which they are operating if they receive federal funds. Employers with federal construction contracts of $2,000 or more must adhere to the Davis-Bacon Act.

51
Q

Drug-Free Workplace Act of 1988

A

The Drug-Free Workplace Act of 1988 applies to businesses with federal contracts of $100,000 or more each year. Contractors subject to the Act must take the following steps to be in compliance:

  1. Develop and publish a written policy
  2. Establish an awareness program
  3. Notify employees about contract conditions (employees must notify the employer within 5 days if they’re convicted of a criminal drug offense in the workplace)
  4. Notify the contracting agency of violations (the employer must notify the contracting agency within 10 days of being informed of the conviction by the employee)
  5. Establish penalties for illegal drug convictions(Within 30 days of notice by an employee of a conviction, the employer must take appropriate disciplinary action against the employee or require participation in an appropriate drug-rehabilitation program. Any penalties must be in accordance with requirements of the Rehabilitation Act of 1973.)
  6. Maintain a drug-free workplace. (Contractors must make a good-faith effort to maintain a drug-free workplace in accordance with the Act, or they’re subject to penalties, including suspension of payments under the contract, suspension or termination of the contract, or exclusion from consideration from future contracts for a period of up to five years.)
52
Q

EEO-1 Survey/Report

A

Must be filed on or before September 30 of each year using employment data from one pay period in July, August, or September of the current survey year. All employers who meet the following criteria must complete the report:

All federal contractors who are private employers and (a) are not exempt as provided by 41 CFR Section 60-1.5; (b) have 50 or more employees; and (i) are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more, or (ii) serve as a depository of government funds in any amount, or (iii) are a financial institution that is an issuing and paying agent for U.S. Savings Bonds. Only those establishments located in the District of Columbia and the 50 states are required to submit. No reports should be filed for establishments in Puerto Rico, the Virgin Islands, or other American protectorates.
All private employers who are subject to Title VII of the Civil Rights Act of 1964, as amended, with 100 or more employees.
Exceptions to the EEO-1 reporting requirements include:

State and local governments
Primary and secondary school systems
Institutions of higher education
Indian tribes
Tax-exempt private membership clubs (other than labor organizations)
The preferred method for filing the EEO-1 survey is through the online filing application. Refer to the EEOC website at https://www.eeoc.gov for information on how to file the EEO-1 survey.

Starting with the EEO-1 report of 2017 data, the “workforce snapshot period” will be October 1 to December 31, 2017. In other words, each employer may choose any pay period during this three-month “workforce snapshot period” to count its full-time and part-time employees for the EEO-1 report. To give employers more time to make the transition and to allow for alignment with the W-2 reporting cycle, the EEO-1 deadline for the 2017 report will be March 31, 2018. Employers will have a total of 18 months from October 1, 2016, to March 31, 2018 (2017 report deadline) to make the change.

53
Q

HIPAA

A

Health Insurance Portability and Accountability Act.
An amendment to ERISA which prohibits discrimination on the basis of health status as evidenced by an individuals medical condition or history, claims experience, utilization of health care services, disability, or evidence of insurability.

54
Q

Executive Order 13279

A

Limits the impact of EO 11246 on religious corporations, associations, educational institutions, or societies in certain situations

55
Q

Executive Order 11478, amended by 13087, 13152, and 13672

A

1969, prohibits discrimination against federal government employees on the basis of race, color, religion, sex, sexual orientation, gender identity, status as a parent, national origin, handicap, or age.

56
Q

Executive Order 12138

A

1979, created the national Women’s Business Enterprise policy. Also required federal contractors and subcontractors to take affirmative steps to promote and support women’s business enterprises.

57
Q

Executive Order 12989, amended by 13286 and 13465

A

This order requires contractors with qualifying federal contracts to electronically verify employment authorization of: (1) all employees hired during the contract term and (2) all employees performing work in the United States on contracts with a Federal Acquisition Regulation (FAR) E-Verify clause. A federal contractor may be exempt from these clauses if any of the following apply:

The contract is for fewer than 120 days.
It is valued at less than $150,000, the simplified acquisition threshold.
All work is performed outside the United States.
It includes only commercially available off-the-shelf (COTS) items and related services.
The E-Verify rule does not extend beyond the United States, applying only to employees working in the United States, which includes the 50 states, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands (CNMI).

58
Q

FCRA

A

Fair Credit Reporting Act of 1970, Enforced by the Federal Trade Commission (FTC), the FCRA requires employers to take certain actions prior to the use of a consumer report or an investigative consumer report obtained through a consumer reporting agency (CRA) for use in making employment decisions.

59
Q

FACT

A

Fair and Accurate Credit Transactions of 2003
Designed to improve the accuracy of consumer credit information, it gives consumers one free credit report per year. The Act also requires disclosure to consumers who are subject to risk-based pricing (less favorable credit offers) or who are denied credit altogether because of a credit-related record.

60
Q

FLSA

A

1938,
the Fair Labor Standards Act established requirements in five areas key areas to HRM:

It introduced a minimum wage for all covered employees.
It identified the circumstances in which overtime payments are required and set the overtime rate at one and one half times the regular hourly wage.
It identified the criteria for determining what jobs are exempt from FLSA requirements.
It placed limitations on working conditions for children to protect them from exploitation.
It identified the information employers must keep about employees and related payroll transactions.

61
Q

Executive Exemption

A

Must make a minimum of $455 per week or $23660 per year and meet the following criteria (Effective 01/01/2020 the minimum is $684 per week or $35568 per year):
They have as their primary duty managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise.
They customarily and regularly direct the work of at least two other full-time employees.
They have the authority to hire, fire, promote, and evaluate employees or to provide input regarding those actions that carries particular weight.
Employees who own at least a 20 percent equity interest in the organization and who are actively engaged in management duties are also considered bona fide exempt executives.

62
Q

Administrative Exemption

A

Must make a minimum of $455 per week or $23660 per year and meet the following criteria (Effective 01/01/2020 the minimum is $684 per week or $35568 per year):

The primary duty is to perform office or nonmanual work directly related to management or general business operations.
The primary duty requires discretion and independent judgment on significant matters.

63
Q

Professional Exemption

A

Must make a minimum of $455 per week or $23660 per year and meet the following criteria (Effective 01/01/2020 the minimum is $684 per week or $35568 per year):
Learned professional exemption.Employees who meet the salary basis requirement may qualify for exemption as learned professionals if they also meet both of the following criteria:
The primary duty requires the use of this advanced knowledge for work that requires the consistent use of discretion and judgment.
They have advanced knowledge in a field of science or learning acquired through a prolonged course of intellectual instruction.

64
Q

Creative professional Exemption

A

Must make a minimum of $455 per week or $23660 per year and meet the following criteria (Effective 01/01/2020 the minimum is $684 per week or $35568 per year):
The primary duty requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.

65
Q

Highly Compensated Employee Exemption

A

Paid $100,000 (effective 01/01/2020 $107432) or more. may also be considered exempt. To meet this exemption requirement, employees must perform office or nonmanual work and, on a customary and regular basis, at least one of the duties listed earlier for the executive, administrative, or professional exemptions.

66
Q

Computer Employee Exemption

A

Employees who meet the weekly salary requirement or who are paid at least $27.63 per hour may qualify for the computer employee exemption if they perform one of the following jobs:

Computer systems analyst
Computer programmer
Software engineer
Other similarly skilled jobs in the computer field
and if they perform one or more of the following primary duties as part of the job:

Apply systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications.
Design, develop, document, analyze, create, test, or modify computer systems or programs, including prototypes, based on and related to user or system design specifications.
Design, document, test, create, or modify computer programs related to machine operating systems.
A combination of the previously described duties, at a level requiring the same skill.
Specifically excluded from this exemption are employees engaged in manufacturing or repairing computer hardware or related equipment and those such as engineers, drafters, or computer-aided designers who rely on computers and software programs to perform their work.

67
Q

Outside Sales Exemption

A

Unlike the other exemptions, there is no salary requirement for outside sales personnel. To qualify for this exemption, employees must meet both of the following requirements:

The primary duty of the position must be making sales or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer.
The employee must be customarily and regularly engaged away from the employer’s place of business.

68
Q

Safe Harbor

A

The DOL provides a safe harbor provision for payroll errors that could affect exemption status. The safe harbor applies if all of the following are met:

There is a clearly communicated policy prohibiting improper deductions that includes a complaint mechanism for employees to use.
The employer reimburses employees for improper deductions.
The employer makes a good-faith commitment to comply in the future.
Employers who meet these criteria will not lose exemption status for the affected employees unless they willfully violate the policy by continuing to make improper deductions after receiving employee complaints.

69
Q

Portal to Portal Act

A

1947, requires employers to pay nonexempt employees who perform regular work duties before or after their regular hours or for working during their lunch period.

70
Q

Equal Pay Act

A

1963,Equal pay for equal work applies to jobs with similar working conditions, skill, effort, and responsibilities. The Equal Pay Act applies to employers and employees covered by FLSA and is administered and enforced by the Equal Employment Opportunity Commission (EEOC). The EPA allows differences in pay when they are based on a bona fide seniority system, a merit system, a system that measures quantity or quality of production, or any other system that fairly measures factors other than sex.

71
Q

FCPA

A

1977, Foreign Corrupt Practices Act made it unlawful for certain classes of people and entities to make payments to foreign government officials to assist in obtaining or retaining business.

72
Q

GINA

A

2008, Genetic Information Nondiscrimination Act prohibits employers from unlawfully discriminating against employees or their family members in any of the terms or conditions of employment included in Title VII.

73
Q

IRCA

A

1986, The Immigration Reform and Control Act was enacted to address illegal immigration into the U.S. The law applied to business with four or more employees and made it illegal to knowingly hire or continue to employ individuals who were not legally authorized to work in the U.S.

74
Q

OSHA Forms

A

OSHA Form 300, Log of Work-Related Injuries and Illnesses

OSHA Form 300A, Summary of Work-Related Injuries and Illnesses

OSHA Form 301, Injury and Illness Incident Report

75
Q

SHARP

A

The Safety and Health Achievement Recognition Program. recognizes small, high-hazard employers that have requested a comprehensive OSHA consultation, corrected any violations, and developed an ongoing safety management program. To participate, the business must agree to ask for additional consultations if work processes change.

76
Q

health hazard evaluation

A

NIOSH inspections which always occur in response to the request of an employer, an employee or a government agency

77
Q

CSHO

A

Compliance Safety and Health Officer - Conducts OSHA inspections.

78
Q

WARN

A

1988, Worker Adjustment Retraining and Notification Act. Provides some protection for workers in the event of mass layoffs or plant closings. The Act requires that 60 days’ advance notice be given to either the individual workers or their union representatives. Mass layoffs is defined by the act: when either 500 employees are laid off or at least 50 employees making up 33 percent of the workforce. A Plant closing occurs when 50 or more full-time employees lose their jobs because of a single facility shuts down, permanently or temporarily.

79
Q

VUCA

A

Volatility, uncertainty, complexity and ambiguity.

Drawn from the leadership theories of Warren Bennis and Burt Nanus.

PHR Exam (3 decks)

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