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Regulatory Environments For Compensation Programs > Module 1 Regulatory Environment and Related Laws > Flashcards

Module 1 Regulatory Environment and Related Laws Flashcards

1
Q

What are the 4 Narrow Coverage Wage an Hour Acts?

A

Davis-Beacon Act of 1931
McNamara-O’Hara Service Contract Act of 1965
Executive Order 13658
Sherman Antitrust Act

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2
Q

What are the 2 general coverage wage an hour acts?

A

National Labor Relations Act of 1935

Fair Labor Standards Act

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3
Q

What are the 8 General coverage Discrimination Acts?

A
  • equal pay act (EPA)
  • Title VII
  • Americans with disabilities act (ADA / ADAA)
  • Age discrimination in employment act (ADEA)
  • Family and Medical Leave Act (FMLA)
  • Lilly Ledbetter Fair Pay Act
  • Genetic information non-discrimination act
  • Uniformed Service Employment Act
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4
Q

What are the 2 narrow coverage discrimination acts?

A
  • Vocational Rehabilitation Act
  • State Discrimination Statutes
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5
Q

What year did the Supreme Court uphold the states right to set work hours and overtime requirements?

A

1917

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6
Q

What year did the court uphold states right to set minimum wages?

A

1937

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7
Q

What year were only states establishing labor laws?

A

1938

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8
Q

What happened in 1941

A

Supreme Court upheld constitutionality of the 1917 decision, the 1937 decision, and the Fair Labor and Standards Act of 1938

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9
Q

Define the significant regulation upheld by US Supreme Court - dates year and general regulations

A

1917 - States set work hours and OT

1937 - states set minimum wage

1938 - only states were establishing Labor Laws

1941 - Supreme Court upheld constitutionality of decisions of 1917, 1937, and FLSA of 1938

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10
Q

Davis-Beacon Act
Purpose
Coverage
Provisions
Enforcing agency

A

Purpose: protect unionized contractors from competition by nonunionized contractors paying lower wages

Coverage: companies with government construction contracts in excess of $2000

Provisions: requires pay scales to be based on prevailing wages. Pay is typically interpreted by the government as union equivalent wages and benefits in the construction trade positions

Enforcing agency: department of labor

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11
Q

Which of the following acts is focused on employers with construction contracts within the government?

A

A. Davis-Beacon Act
B. National Labor Relations Act
C. McNamara-O’Hara Act
D. Sherman Antitrust Act

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12
Q

Which of the following acts is focused on employers with service contracts with the government?

A

A. Davis-Beacon
B. Sherman Antitrust Act
C. McNamara-O’Hara Act
D. National Labor Relations Act

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13
Q

Which government agency enforces the Sherman antitrust act on issues related to the workforce?

A

A. Davis-Beacon
B. Sherman Antitrust Act
C. McNamara-O’Hara Act
D. National Labor Relations Act

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14
Q

Which employees are covered by the national labor relations act?

A

A. City state and federal government employees

B. Airline and railroad employees

C. Employees who work for companies that sell goods in various states

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15
Q

Which of the following scenarios best describes a contract worker?

A

A. A technician who works a scheduled shift and performs tasks as assigned according to specifications

B. A computer programmer who telecommutes, uses her own equipment and works for multiple employers

C. An accounts payable specialist who works at the company site utilizing an internal AP system and pays vendors according to company procedures

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16
Q

McNamara-O’Hara Service contract act

Purpose:
Coverage:
Provisions:
Enforcement Agency

A

Purpose: improve working conditions and pay for employees of government service contracts

Coverage: companies with government services contracts in excess of $2500

Provisions: pay based on prevailing wages

Enforcement agency: department of labor

17
Q

Executive Order 13658

Purpose:
Coverage:
Provisions:
Enforcement Agency:

A

Purpose: establish minimum wage rate for federal contractors

Coverage: all federal contractors

Provisions: minimum wage for contractors updated annually by consumer price index for urban wage earners and clerical workers

Enforcement agency: wage and hour division of the department of labor

18
Q

National labor relations act

Purpose:
Coverage:
Provisions:
Enforcement Agency:

A

Purpose: more equitable environment for labor management dispute resolution

Coverage: employers involved in interstate commerce. (Does not include airlines railroads agriculture or government)

Provisions:
- process for representation
- Rules for bargaining in good faith
- controls against fair labor practices

Enforcing agency: national labor relations board (NLRB)

19
Q

Regarding NLRB Rulings - what risk is associated with a company stating they can’t raise wages because they can not afford to?

A

If an employer contends its ability to pay when bargaining wage rates the employer can be required to disclose data fully. All employee wages

20
Q

Sherman antitrust act

Purpose:
Coverage:
Provisions:
Enforcing agency:

A

Purpose: preserve competitive wage environment

Coverage: all employers involved in interstate commerce

Provisions: ensure competitive wage levels: elimination of anti-competitive price fixing

Enforcing agency: department of labor

21
Q

What is the antitrust safety zone?

A

Pay information can be shared without substantial threat of challenge:

-Survey data is managed by a third-party

  • Survey data is more than three months old
  • There are at least five providers reporting data
  • No individual companies data represents more than 25% of the statistic
22
Q

6 economic reality factors to determine Independent Contractor vs. employee

A
  1. Integration
  2. Opportunities for profit and loss
  3. Relative investment
  4. Special business skills and initiative
  5. How permanent is the relationship
  6. Nature and degree of control
    
23
Q

Which act focuses on employers with construction contracts with the government

A

Davis-Bacon act

24
Q

Which act is focused on employers with service contracts with the government

A

McNamara O’Hara act

25
Q

Which government agency enforces the Sherman antitrust act on issues related to the workforce

A

Department of labor

26
Q

Which employees are covered by the national labor relations act

A

Employees who work for companies that sell goods in various states

27
Q

Which of the following scenarios best describes a contract worker

A

A. A technician who works the scheduled shift and performs tasks as assigned according to specifications

B. A computer programer who telecommutes, uses her own equipment, and works for multiple employers

C. An accounts payable specialist who works at the company site utilizing an internal AP system and pays vendors according to company procedures

28
Q

What was the primary objective of the FLSA in 1938

A

Workers rights

29
Q

What’s the purpose of FL essay

A

Establish a minimum wage rate

Eliminate detrimental working conditions

Protect the educational opportunities of youth

30
Q

When can computer professionals be considered exempt under FLSA considering the salary basis test

A

Computer professionals earning more than $27.63 per hour can be classified as exempt under the salary basis test

31
Q

What professions have been exempted from the salary basis test

A

Outside sales
Licensed or certified doctors
Lawyers
Teachers

32
Q

Describe the safe harbor from the salary basis test for exempt employees

A

No penalty if the employer has clearly communicated policy prohibiting improper deductions including a complaint mechanism

Reimbursement is made to the employee after improper deduction

The employer makes a good faith commitment to comply with regulations in the future

33
Q

What’s the salary level test for an exempt employee

A

Exempt employees must make a minimum of $684 per week to be classified as exempt

34
Q

For the salary level test and exemption what percentage of the standard salary level can be covered by non-discretionary bonuses and instead of payments

A

10%

35
Q

What are the six exemption categories from FL essay

A

 executive
Administrative
Professional, learned, creative
Computer
Outside sales
Highly compensated

36
Q

Define requirements for the executive standard test for FLSA exemption

A

Management of the enterprise or a recognized department or subdivision

Direct to work at least two or more full-time employees

Have the authority to hire or fire

Must meet salary level test

37
Q

Defined the requirements for the administrative standard test for exemption under FLSA

A

Primary duties our office or non-manual work Requiring specialized skills or knowledge

Exercise is discretion and independent judgment with respect to matters of significance

Must pass the salary level test



Regulatory Environments For Compensation Programs (1 decks)

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