Module 1 Regulatory Environment and Related Laws Flashcards
What are the 4 Narrow Coverage Wage an Hour Acts?
Davis-Beacon Act of 1931
McNamara-O’Hara Service Contract Act of 1965
Executive Order 13658
Sherman Antitrust Act
What are the 2 general coverage wage an hour acts?
National Labor Relations Act of 1935
Fair Labor Standards Act
What are the 8 General coverage Discrimination Acts?
- 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
What are the 2 narrow coverage discrimination acts?
- Vocational Rehabilitation Act
- State Discrimination Statutes
What year did the Supreme Court uphold the states right to set work hours and overtime requirements?
1917
What year did the court uphold states right to set minimum wages?
1937
What year were only states establishing labor laws?
1938
What happened in 1941
Supreme Court upheld constitutionality of the 1917 decision, the 1937 decision, and the Fair Labor and Standards Act of 1938
Define the significant regulation upheld by US Supreme Court - dates year and general regulations
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
Davis-Beacon Act
Purpose
Coverage
Provisions
Enforcing agency
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
Which of the following acts is focused on employers with construction contracts within the government?
A. Davis-Beacon Act
B. National Labor Relations Act
C. McNamara-O’Hara Act
D. Sherman Antitrust Act
Which of the following acts is focused on employers with service contracts with the government?
A. Davis-Beacon
B. Sherman Antitrust Act
C. McNamara-O’Hara Act
D. National Labor Relations Act
Which government agency enforces the Sherman antitrust act on issues related to the workforce?
A. Davis-Beacon
B. Sherman Antitrust Act
C. McNamara-O’Hara Act
D. National Labor Relations Act
Which employees are covered by the national labor relations act?
A. City state and federal government employees
B. Airline and railroad employees
C. Employees who work for companies that sell goods in various states
Which of the following scenarios best describes a contract worker?
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
McNamara-O’Hara Service contract act
Purpose:
Coverage:
Provisions:
Enforcement Agency
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
Executive Order 13658
Purpose:
Coverage:
Provisions:
Enforcement Agency:
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
National labor relations act
Purpose:
Coverage:
Provisions:
Enforcement Agency:
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)
Regarding NLRB Rulings - what risk is associated with a company stating they can’t raise wages because they can not afford to?
If an employer contends its ability to pay when bargaining wage rates the employer can be required to disclose data fully. All employee wages
Sherman antitrust act
Purpose:
Coverage:
Provisions:
Enforcing agency:
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
What is the antitrust safety zone?
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
6 economic reality factors to determine Independent Contractor vs. employee
- Integration
- Opportunities for profit and loss
- Relative investment
- Special business skills and initiative
- How permanent is the relationship
- Nature and degree of control

Which act focuses on employers with construction contracts with the government
Davis-Bacon act
Which act is focused on employers with service contracts with the government
McNamara O’Hara act
