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Hr Cert > Lesson 1 > Flashcards

Lesson 1 Flashcards

1
Q

Passing score?

A

500

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2
Q

Heaviest functional exam

A

Employee and labor relations

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3
Q

Most flexibility for weighted exam

A

Employment legislation

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4
Q

Employment legislation functional areas

A

5

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5
Q

1st functional area -

A

Business management (20%)
- business environment
- business planning
- hr organization
- hr tools and processes

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6
Q

Functional area 2

A

Talent planning and acquisition (16%)
-talent planning, talent sourcing and recruiting

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7
Q

3rd functional area

A

Learning and developing (10%)
- organizational development
- performance mgt and learning

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8
Q

4th functional learning

A

Total rewards (5%)
- job, comp and benefits

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9
Q

5th functional area

A

-employee and labor relationships (39%)
-organizational relations
-employee relations
-organization risk
-labor relations

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10
Q

5 functional areas

A
  1. Business management 20%
  2. Talent planning and acquisition 16%
  3. Learning and development 10%
  4. Total rewards 15%
  5. Employee and labor relations 39%
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11
Q

Labor law definition

A

High degree of oversight from regulatory agencies
-written policies and compliance element of many laws
- formally communicated through employee handbooks
-outline employee and employee rights and responsibilities
- heavy emphasis on documentation and record keeping
— includes requirements for storage. Retention and disposal of all records related to employment

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12
Q

Sources of law ?

A

6
Constitutions
Statutes
Case law
Agency regulation
Agency orders
Executive orders

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13
Q

United States constitution (core law sources)

A

Supreme law of the US
- important limitations, only government that protect the fundamental rights of US citizens

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14
Q

Statute

A

Authorization of a formal document by a legislative body to pass a law.
Typically established a prohibit, declare or command

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15
Q

Case law

A

Judicial precedent, or judicial made law
- laws formed as a result of decisions made in judicial proceedings
- must be published

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16
Q

Agency regulation

A

Serves his criteria for measuring employers compliance
- Develops rules or regulations published in the federal register for public comment
The final rules take affect no less than 30 days after the date of public notice

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17
Q

Agency orders

A

Power to order compliance with federal laws operate in administration law court, and issued by an admin law judge.
Decisions are published in federal register

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18
Q

Executive orders

A

Written directions issued by president
-President can draw on three sources to issue orders
-Become flaw after published in the federal register for 30 days

19
Q

Process of US capital (law making branches)

A
  1. Legislative.
  2. Congress.
  3. Senate - 100 total two per state.
  4. House of reps.
20
Q

Process of White House (law making branches)

A
  1. Executive. - carries out
  2. President
  3. Vice president.
  4. Cabinet. (Nominated by president must appear before Senate.)
21
Q

Process of US Supreme Court (law making branches)

A

1 judicial system ( evaluates laws)
2. Supreme Court (9 justices)
3. Lower federal courts.

22
Q

Legislative law

A

Two chambers of Congress, the House of Representatives and the Senate must approve legislation bills of resolution before sent to President for signature and passed into law

23
Q

How bill becomes law

A
  1. Bill is introduced in senate of house of reps.
  2. Referred to appropriate committee
  3. Subcommittee reviews and marks up the bill.
  4. Committee review marks up and votes on the bill.
  5. Chamber debates, and votes on the bill.
  6. Conference committee vote on bill.
  7. Other chamber considers bill.
  8. Both chambers vote on final bill.
    President signs the bill then Bill becomes the law
24
Q

Who passes laws (actions)

A

Congress and state legislators

25
Q

What do regulations reflect?

A

How laws will be implemented and often have the force of law

26
Q

Lobbying

A
  • influencing the law making process
    -convincing lawmakers to vote in a way that will benefit organizations
27
Q

Legislative process

A
  1. (Legislative process) Understand the relationship between laws agencies regulations and court decisions
    2.(proposed legislation )Know what is happening in the legislative process
  2. (informing legislators )Are generally interested in information that comes from credible and informed sources.
  3. (Protesting laws or agency regulations.) oppose laws or agency regulations that create unfair or intolerable conditions through some form of passive or active resistance.
28
Q

Civil right acts prior to 1990’s

A
  1. Equal pay act 1963.
  2. The civil right act title seven 1964.
  3. Age discrimination and employment act ADE 1967.
  4. The equal opportunity at 1972.
  5. The pregnancy discrimination act 1978.
29
Q

Equal pay act, 1963..

Provisions and compliance

A

Applies to all employers
Prohibits employers from paying members of one sex less than members of the opposite sex for performing equal work. Jobs are considered equal if they require equal skill effort responsibility performed under similar work condition does not mean the same as comparable worth.
– Although two jobs may require similar levels of skill, effort, and responsibility and have comparable work to the organization. They do not have to pay equally if they are different jobs and different job categories.
– amendment to FLSA and enforce by EEOC.
Unlike F LSA covers executive administrative in a professional
Compliance:
Amendment to FLSA and enforced by EEOC. Unlike FL essay covers executive administrative and professional employees.

30
Q

4 exceptions to ADEA exceptions

A
  1. Employee is higher as a firefighter or police officer by state or local government.
  2. Employee is a top executive or policy maker
  3. Employer has a genuine seniority or benefit plan.
  4. Employee is discharge or discipline for just cause.
31
Q

Permissible wage differences

A

1 bona fide seniority system - wages or salaries are based on length or service
2. Merit pay system.- pay as determined by legitimate performance measures
3. System.- measures earnings or quantity or quality of production
4. Differential.- based on any factor other than gender.

32
Q

Civil right acts of 1964 title VII

A

Applies : employees with 15 or more employees, employment, agencies, labor, organization, state, and local government and educational institutions
Provisions: employment discrimination based on race, color, religion, gender, or national origin. Discrimination because of pregnancy or childbirth. workplace harassment. Retaliation against employees who file complaints.

Compliance: established equal opportunity commission, outlined procedures that the commission should follow to prevent unlawful employment practices
Amendments 1972,78, 91.

33
Q

Federally protected classes

A
  1. Race/color.
  2. Religion or creed
  3. Sex pregnancy or orientation.
  4. National origin or ancestry.
  5. Age.
  6. Disability.
  7. Retaliation.
34
Q

Title 7 exceptions

A
  1. Bona fide, occupational qualifications.
    - Qualities or attributes considered when making decision decisions
  2. Religious organizations.
    - Performing religious work connected to their activities
  3. Educational institutions.
    - Curriculum propagates of protected classes
  4. Work related requirements.
    -Depends on their intent in impact not to discriminate
  5. Indian reservations
    - separate nations where there are no property rights to gain wealth
  6. Bona fide seniority systems.
    - Use of tenure to allocate employment rights and not to discriminate
  7. Affirmative action plans.
    - complying with affirmative action legislation to correct past injustice
35
Q

Age discrimination and employment act 1967

A

Applies to: employers with 20 or more employees, unions with 25 or more members, employment agencies, and apprenticeship programs
Provisions : employment discrimination against persons, age, 40 and over. Mandatory retirement based on age limiting employee status due to ag.

Compliance: waiver of rights must be written in understandable language. Valid only if valuable considerable payment has been exchanged. Advised to consult with an attorney before signing period of let no less than 21 days to review and consider. Of no less than seven days to revoke.

36
Q

Early retirement programs

A

Incentives: should be fair and enough to attract employees
Eligibility requirements - should be clear and ration
Employee acceptance - participation must be knowing and voluntary
ERISA coordination - employee should receive a summary plan description for the benefits they will be offered

37
Q

EEO 1972

A

Applies to employers with 15 or more employees engaged in interstate commerce. Employment, agencies, labor, organization, state, and local governments, education, institutions, and federal government.
Provisions - employment decisions, based on job and business related criteria, whistleblower, protect protection from retaliatory employment actions
Compliance- keep records of discovery of any unlawful employment practices, and provide them upon request. Administrative guidance for processing complaints. Litigation authority to EEOC when conciliation cannot be reached.

38
Q

EEOC PROTECTED CLASSES

A

Race, religion, sex, national origin, or ancestry, age, physical or mental disabilities, genetic information, veteran status, harassment, retaliation.

39
Q

EEOC COMPLIANT PROCESS

A

Employee files EEO charge > EEOC notifies employer of charge via a letter > EEOC reviews to determine a reason within 180 days.

40
Q

EEOC Complaint process reasonable cause

A

Finds reasonable cause> EEOC attempts conciliation, employer required to provide remedies to settle> charge is settled, may go to litigation with EEOC or private court

41
Q

EEOC complaint process not decided

A

Doesn’t decide > after 180 days the employee has the right to request to sue > within 90 days employee must file suit in court

42
Q

EEOC complaints find no reasonable cause

A

EEOC finds no reasonable cause > EEOC notified both parties, employee is notified of right to sue> within 90 days employee must file suit in court

43
Q

Pregnancy discrimination act of 1978

A

Applies-employers with 15 or more employees, employment, agencies, labor, organization, state, and local governments, educational institutions, and federal government
Provisions- gender discrimination against women due to childbirth and maternity leave. Expand sex discrimination to include pregnancy, childbirth, or related medical conditions. Must be treated the same for all employment related purposes, including benefits and leave.

44
Q

Civil rights act post 1990

A

– ADA 1990
– older workers benefit protection act 1990
Civil rights act 91
FMLA 93.
ADA amendments act 2008
the Lilly Ledbetter fair pay act 2009

Hr Cert (12 decks)

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