Laws

Question 1

FLSA

Answer 1

Fair Labor Standards Act (1939). Defined exempt and non exempt employees. Defined overtime regulations, established a national minimum wage, limited child labor, and created record keeping requirements.

Question 2

OSHA

Answer 2

Occupational Safety and Health Act (1970) requires employers to provide a safe workplace and comply with safety and health standards. Created OSHA to enforce these standards.

Question 3

ERISA

Answer 3

Employee Retirement Income Security Act (1974) established standards for the creation/implementation of pension, retirement, and welfare programs.

Question 4

FMLA

Answer 4

Family Medical Leave Act (1993) required qualifying employers more than 50 employees) to provide up to 12 weeks of unpaid leave for eligible employees for specific health and family reasons.

Question 5

ACA

Answer 5

Affordable Care Act (2010) aka PPACA Patient Protection Affordable Care Act. Created new requirements for employer-sponsored health care plans.

Question 6

IRCA

Answer 6

Immigration Reform and Control Act (1986) prohibited employment of individuals who are not legally authorized to work in the US and created I9 process. This is the first law to require new employees to prove both their identity and right to work in this country. The law prohibits discrimination against job applicants on the basis of national origin or citizenship. It establishes penalties for employers who hire illegal aliens.

Question 7

ADA

Answer 7

Americans with Disability Act (1990) required reasonable accommodation for qualified individuals with disabilities. This caused the inclusion of “essential functions” on job descriptions. Amendments in 2012 nondiscrimination on the basis of disability by public accommodations and in commercial facilities.

Question 8

ADEA

Answer 8

Age Discrimination in Employment Act (1967) prohibits discrimination against persons 40 years and older, established conditions for bona fide occupational qualifications (BFOQ) exceptions.

Question 9

Title VII (1964)

Answer 9

Title VII of Civil Rights Act (1964) established the Equal Employment Opportunity Commission (EEOC), prohibits employment discrimination on the basis of race, color, religion, national origin, or sex. This applies to employee training as well.
Further Amendment to Executive Order 11478, Equal Employment Opportunity in the Federal Government (Executive Order 13087) of 1998
This Executive Order expanded equal employment to cover sexual orientation

Question 10

Uniform Guidelines on Selection

Answer 10

Uniform Guidelines on Selection (1978) established guidelines to ensure that selection procedures are both job related and valid predictors of job success.

Question 11

USERRA

Answer 11

Uniformed Services Employment and Re-employment Rights Act (1994). Protects the rights of reservists called to active duty. Covers all employers, regardless of size. Covers all uniformed services. Employer must grant leave for up to 5 years. Protects members of the uniformed services from discrimination in employment and provides for reinstatement to their job upon return from active duty.

Question 12

HIPPA

Answer 12

Health Insurance Portability and Accountability Act (1996). Established health privacy regulations, prohibits discrimination based on health status, and limits restrictions on health coverage based on pre-existing conditions.

Question 13

Social Security Act

Answer 13

(1935) SSA and later amendments established a system to provide old-age, survivor’s, disability, and retirement benefits. Provides benefits to previously employed individuals. Unemployment compensation is part of this.

Question 14

OWBPA

Answer 14

(1990) Older Workers Benefit Protection Act enacted as an amendment to the ADEA. It requires equal treatment for older workers in early retirement or severance situations. It also sets specific criteria that must be met if older workers are asked to sign waivers promising not to sue for age discrimination in exchange for severance benefits during layoffs.

Question 15

WARN

Answer 15

(1988) Worker Adjustment and Retraining Notification Act requires employers to give 60 days notice of mass layoff or plant closings, it does not mandate severance pay. Layoffs due to Acts of God are excluded.

Question 16

Copyright Act

Answer 16

(1976) Prohibits the use of original works without permission from the author. Defined “fair use” of copyrighted material. One exception is if work was created as part of employee’s job. That work then belongs to the employer.

Question 17

Medicare

Answer 17

(1965) was implemented to provide medical care for people over the age of 65 and for some disabled citizens. It is funded by employers and employees.

Question 18

FICA

Answer 18

The Federal Insurance Contributions Act was passed to facilitate payroll contributions in support of SSA and Medicare.

Question 19

NLRB v. Weingarten

Answer 19

(1975) Determined union employees have the right to request union representation in a meeting in which they believe could result in corrective action.

Question 20

Drug-Free Workplace Act

Answer 20

(1988) Feds and those with Federal contracts are required to create a drug-free workplace.

Question 21

NLRA

Answer 21

National Labor Relations Act (aka Wagner Act, 1935) Protects the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.

Question 22

Railway Labor Act

Answer 22

The Railway Labor Act is a United States federal law on US labor law that governs labor relations in the railroad and airline industries. The Act, passed in 1926 and amended in 1934 and 1936, seeks to substitute bargaining, arbitration and mediation for strikes to resolve labor disputes.

Question 23

Taft-Hartley Act

Answer 23

The Labor Management Relations Act of 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. The Taft–Hartley Act amended the 1935 National Labor Relations Act (NLRA), prohibiting unions from engaging in several “unfair labor practices.

Question 24

Landrum-Griffin Act

Answer 24

The Labor Management Reporting and Disclosure Act of 1959 (also “LMRDA” or the “Landrum–Griffin Act”), is a US labor law that regulates labor unions’ internal affairs and their officials’ relationships with employers.

Question 25

Civil Service Reform Act

Answer 25

An Act to reform the civil service laws. The Civil Service Reform Act of 1978, (CSRA), reformed the civil service of the United States federal government, partly in response to the Watergate scandal

Question 26

Postal Reorganization Act

Answer 26

The Postal Reorganization Act of 1970 was a law passed by the United States Congress that abolished the then United States Post Office Department, which was a part of the cabinet, and created the United States Postal Service, a corporation-like independent agency with an official monopoly on the delivery of mail in the United States. President Richard Nixon signed the Act in law on August 12, 1970. The legislation was a direct outcome of the U.S. postal strike of 1970.

Question 27

Privacy Act of 1974

Answer 27

Includes provisions affecting HR record keeping. Only applies to Feds and organization that supply services to Feds.

Question 28

Fair and Accurate Credit Transaction Act

Answer 28

(2003) FACTA (Fair and Accurate Credit Transactions Act) is an amendment to FCRA (Fair Credit Reporting Act ) that was added, primarily, to protect consumers from identity theft. The Act stipulates requirements for information privacy, accuracy and disposal and limits the ways consumer information can be shared.

Question 29

Executive Orders 11246 and 11375

Answer 29

(1965, 1967) Require federal contractors and sub-contractors to eliminate employment discrimination and prior discrimination through affirmative action.

Question 30

Civil Rights Act of 1991

Answer 30

Overturns several past Supreme Court decisions and changes damage claims provisions. Provided employees to receive a jury trial if they wished. Established requirements for any employer defense. Placed a limitation on punitive damage awards by using a sliding scale depending on the size f the employer.

Question 31

Congressional Accountability Act

Answer 31

(1995) Extends EEO and Civil Rights Act provisions to US congressional staff.

Question 32

Vietnam Era Veterans’ Readjustment Assistance Act

Answer 32

(1974) Prohibits discrimination against Vietnam-era veterans by federal contractors and the US Government and requires affirmative action.

Question 33

Immigration Reform and Control Act

Answer 33

(1986, 1990, 1996) Establishes penalties for employers who knowingly hire illegal aliens; prohibits employment discrimination on the basis of national origin or citizenship.

Question 34

Equal Pay Act

Answer 34

(1963) Requires equal pay for men and women performing substantially the same work. Applies to all employers. It prohibits employers from discriminating on the basis of sex by paying wages to employees at a rate less than the rate paid to employees of the opposite sex for equal work on jobs requiring equal skill, effort, and responsibility, and which are performed under similar working conditions

Question 35

Pregnancy Discrimination Act

Answer 35

(1978) Prohibits discrimination against women affected by pregnancy, childbirth, and or related medical conditions; requires that they be treated as all other employees for employment-related purposes, including benefits. Defined pregnancy as a temporary disability and requires accommodation on the job if necessary.

Question 36

Age Discrimination in Employment Act

Answer 36

(1967, amended in 78 and 86) Prohibits discrimination against persons over 40 and restricts mandatory retirement requirements, except where age is a bona fide occupational qualification.

Question 37

Rehabilitation Act of 1973

Answer 37

(1973) Prohibits federal contractors from discriminating against individuals with disabilities and requires affirmative acction.

Question 38

Genetic Information Nondiscrimination Act (GINA)

Answer 38

(2009) Prohibits employers and health insurers from using genetic information in employment and insurance coverage decisions.

Question 39

Sarbanes-Oxley Act

Answer 39

SOX (2002) to make certain that publicly traded companies follow accounting controls and record keeping. Require companies establish ethics codes, develop employee complaint system and have antiretaliation policies for employees who act as whistle blowers.

Question 40

False Claims Act

Answer 40

(1863) During the Civil War, people were selling defective food and arms to the Union military. This law, sometimes referred to as the Lincoln Law, prohibits such dishonest transactions. It prohibits making and using false records to get those claims paid. It also prohibits selling the government goods that are known to be defective

Question 41

Securities and Exchange Act

Answer 41

(1934) When companies “go public” by issuing common stock for trade, it is done on the “primary market.” This law provides for governance in the “secondary market,” which is all trading after the initial public offering. It also created the Securities and Exchange Commission (SEC), which has oversight authority for the trading of stocks in this country. It extends the “disclosure” doctrine of investor protection to securities listed and registered for public trading on any of the U.S. exchanges

Question 42

Electronic Communications Privacy Act (ECPA)

Answer 42

(1986) This is actually and uniquely a law composed of two pieces of legislation, the Wiretap Act and the Stored Communications Act. Combined, they provide rules for access, use, disclosure, interpretation, and privacy protections of electronic communications, and provide the possibility of both civil and criminal penalties for violations. They prohibit interception of e-mails in transmission and access to e-mails in storage.

Question 43

Tax Reform Act

Answer 43

(1986) This law made extensive changes to the Internal Revenue Service (IRS) tax code, including a reduction in tax brackets and all tax rates for individuals. Payroll withholdings were affected, many passive losses and tax shelters were eliminated, and changes were made to the alternative minimum tax computation. This is the law that required all dependent children to have Social Security numbers.

Question 44

Foreign Corrupt Practices Act (FCPA)

Answer 44

(1977)The FCPA prohibits American companies from making bribery payments to foreign officials for the purpose of obtaining or keeping business.

Question 45

IRS Intermediate Sanctions

Answer 45

(2002) Here we find guidelines for determining reasonable compensation for executives of nonprofit organizations. These were enacted by the IRS and applied to non-profit organizations who engage in the transactions that inure to the benefit of a disqualified person within the organization. These rules allow the IRS to impose penalties when it determines that top officials have received excessive compensation from their organizations. Intermediate sanctions may be imposed either in addition to or instead of revocation of the exempt state of the organization.

Question 46

Dodd-Frank Wall Street Reform and Consumer Protection Act

Answer 46

(2010) This law offers a very wide range of mandates affecting all federal financial regulatory agencies and almost every part of the nation’s financial services industry. It includes a non-binding vote for shareholders on executive compensation, golden parachutes, and return of executive compensation based on inaccurate financial statements. Also included are requirements to report CEO pay compared to the average employee compensation and provision of financial rewards for whistleblowers.

Question 47

Fair Credit Reporting Act of 1970 (FCRA)

Answer 47

This was the first major legislation to regulate the collection, dissemination, and use of consumer information, including consumer credit information. It requires employers to notify any individual in writing if a credit report may be used in making an employment decision. Employers must also get a written authorization from the subject individual before asking a credit bureau for a credit report. The FCRA also protects the privacy of background investigation information and provides methods for insuring that information is accurate.

Question 48

Immigration and Nationality Act of 1952 (INA)

Answer 48

The INA is the first law that pulled together all of the issues associated with immigration and is considered the foundation on which all following immigration laws have been built. It addresses employment eligibility and employment verification. It defines the conditions for the temporary and permanent employment of aliens in the United States. The INA defines an “alien” as any person lacking citizenship or status as a national of the United States.

Question 49

Portal to Portal Act of 1947

Answer 49

By amending the Fair Labor Standards Act (FLSA), this law defines “hours worked” and establishes rules about payment of wages to employees who travel before and/or after their scheduled work shift. The act provides that minimum wages and overtime are not required for “traveling to and from the actual place of performance of the principal activity or activities which such employee is to perform” or for “activities which are preliminary to or postliminary to said principal activity or activities,” unless there is a custom or contract to the contrary.

Question 50

Federal Contractors & Subcontractors: Executive Order 11246 (41 CFR 60-I, 60-2 & 60-4)

Answer 50

This is the presidential order that created what we now know as employment-based affirmative action. President Johnson said that if a company wanted to receive revenue by contracting with the federal government, it would have to implement equal employment opportunity and establish outreach programs for minorities and women. The OFCCP (Office of Federal Contract Compliance Programs) is the law enforcement agency that currently has responsibility for enforcing the Executive Order along with other laws. Federal contractors must meet several conditions in return for the contracting privilege. One is the requirement to abide by a set of rules known as the FAR, Federal Acquisition Regulations. And, then, there is affirmative action for the disabled and veterans.

Question 51

Vietnam Era Veterans’ Readjustment Assistance Act of 1974

Answer 51

Applied to Federal Contractors & Subcontractors Affirmative action outreach and recruiting of veterans is required for federal contractors meeting the contract value threshold.

Question 52

Employee Polygraph Protection Act of 1988

Answer 52

prohibited the use of lie detector tests for job applicants and employees of companies engaged in interstate commerce. Exceptions are made for certain conditions, including law enforcement and national security.

Question 53

Work Opportunity Tax Credit of 1996

Answer 53

This law provides federal income tax credits to employers who hire from certain targeted groups of job seekers who face employment barriers. The amount of tax credit is adjusted from time to time and currently stands at $9,600 per employee. Targeted groups include veterans, SNAP recipients, Temporary Assistance to Needy Families, disabled veterans, ex-felons, supplemental security income recipients, etc.

Question 54

Lilly Ledbetter Fair Pay Act of 2009

Answer 54

It was passed in reaction to the U.S. Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618 (2007). This law amends the Civil Rights Act of 1964 and states that the clock will begin running anew each time an illegal act of discrimination is experienced by an employee. In Lilly Ledbetter’s situation, her pay was less than that for men doing the same job. The old law didn’t permit her to succeed in her complaint of discrimination because she failed to file 20 years earlier on the first occasion of her receiving a paycheck for less than her male counterparts. Under the new law, the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action.