Regulatory Environments for Compensation Programs Flashcards
(118 cards)
Wage & Hour Laws
General Coverage
- National Labor Relations Act (NLRA)
- Fair Labor Standards Act (FLSA)
Wage & Hour Laws
Narrow Focused
- Davis-Bacon Act
- McNamara-O’Hara Service Contract Act
- Sherman Antitrust Act
- State Labor Law
Discrimination Laws
General Coverage
- Equal Pay Act (EPA)
- Title VII
- Americans with Disability (ADA / ADAAA)
- Age Discrim. in Employment Act (ADEA)
- Family and Medical Leave ACT (FMLA)
- Lilly Ledbetter Fair Pay Act
- Genetic Information Nondiscrimination Act (GINA)
- Uniformed Service Employment and Reemployment Rights Act (USERRA)
Discrimination Laws
Narrow Focused
- Vocational Rehabilitation Act
- State discrimination statutes
Significant Regulation Dates
State
1917 - Work hours and OT
1937 - minimum wage
1938 - Only states establishing labor laws
1941 - constitutionality upheld
What law protects unionized government contractors from competition by nonunionized gonverment contractors paying lower wages? (pay at least the prevailing wage)
Davis-Bacon Act
1931
Purpose - protect unionized contractors
Coverage - Gov’t construction contractors
Provisions - pay based on “prevailing wages”
Enforcement Agency - DOL
Davis-Bacon Act
The Davis-Bacon Act is enforced by what agency?
DOL
1965
Purpose - improve working conditions and pay
Coverage - gov’t services contractors
Provisions - pay based on “prevailing wages”
Enforcement Agency - DOL
McNamara - O’Hara Service Contract Act
What law has the purpose of improving working conditions and pay (prevailing wages) for employees of government services contractors?
McNamara - O’Hara Service Contract Act
The McNamara - O’Hara Service Contract Act is enforced by what agency?
DOL
Which law establishes the minimum wage rate for federal contractors, which may be different from the minimum wage under FLSA?
Executive Order 13658
February 12, 2014
Purpose - Establish minimum wage rate
Coverage - federal contractors
Provisions - Minimum wage updated annually; applies to employees performing work on or in connection with covered federal contracts; must notify employees
Enforcement Agency - Wage and Hour Division of DOL
Executive Order 13658
The Executive Order 13658 is enforced by what agency?
Wage and Hour Divison of DOL
intention of creating better environment for collective bargaining
1935
Purpose - more equitable labor / management environment
Coverage - Employers involved in interstate commerce, with some exceptions
Provisions - Process for representation; rules for bargaining in good faith; controls against unfair labor practices
Enforcement Agency - NLRB
National Labor Relations Act
What law had the intention of creating better environment for collective bargaining, creating a more equitable labor / management environment?
National Labor Relations Act
anti-monopoly
1890
Purpose - preserve competitive environment
Coverage - all employers involved in interstate commerce
Provisions - ensure competitive wage levels
Enforcement Agency - DOL (only workforce issues)
Sherman Antitrust Act
Which law preserves a competitive business environment - removing monopolies?
Sherman Antitrust Act
Workforce issues that arise by the Sherman Antitrust Act are enforced by what agency?
DOL
Related to compensation
This act has a primary focus of “anticompetitive price fixing”
Sherman Antitrust Act
Sherman Antitrust - relation to comp
Antitrust safety zone “safe harbor” statements
- survey is managed by third party.
- data provided is more than three months old.
- there are at least five providers reporting data and no individual’s data represents more than 25% of any statistic.
Independent Contractors vs Employees
Economic Realities Factors Guide
Is worker economically dependent on the ER or in business for themself?
- Integration
- Opportunities for profit/loss
- Relative investment
- Special business skills and initiative
- Permanency of relationship
- Nature/degree of control
What is the primary objective of the FLSA?
WORKERS’ RIGHTS
*it is the principal federal statute that influences the design of direct compensation programs.
What are (3) purposes of the FLSA?
- Establish a minimum wage rate.
- Eliminate detrimental working conditions.
- Protect the educational opportunities of youth.