SHRM LEGAL Flashcards
The Uniformed Services Employment and Reemployment Rights Acts (USERRA) (1994)
- Provides guidance for employees in the reserves and receive orders to active duty.
- Protects the employment, reemployment and retention rights of anyone who voluntarily/involuntary serves or has served in the uniformed services.
- Requires employers to continue paying for the employees’ benefits to the extent that they paid for those benefits before the call to duty.
- Length of service of active duty call is equal to company time in service
- Details timeframe required for return to work conversations between employer/employee
- Covers all eight of the uniformed and other services
Army, Navy, AF, Marines, Public Health Service Commissioned Corps,
National Oceanic and Atmospheric Administration Commissioned, Coast Guard, national guard groups that have been called into active duty
The Vietnam Era Veterans’ Readjustment Assistance Act 1974, Job for Veterans’ Act of 2008
Qualified veterans include:
Disabled Vets
Veterans who served on active duty during a war of expedition for which a campaign badge was rewarded
- Recently separated vets within 36 months of active duty
- These requirements apply to all federal contractors with a contract valued at $25k or more, number of employees does not matter
- All employers subject to this law are required to post their jobs openings with their local state employee service
- Affirmative action outreach and recruitment is required for all contractors meeting the contract threshold amount.
According to The Vietnam Era Veterans’ Readjustment Assistance Act 1974, Job for Veterans’ Act of 2008, what exceptions are there to the requirement of employers to post jobs at their local state employments services?
- Jobs that will last 3 days or less
- Jobs that will be filled by an internal candidate
- Jobs openings for senior executives
The Wagner - Peyser 1933, amended by Workforce Investment Act (WIA) 1998 created a nationwide system of employment offices known as
Employment Services Offices
What is the main purpose of the Employment Services Offices?
These offices assist with job search assistance for job seekers, unemployment insurance recipients and recruitment services for employers
Who runs the employment services offices established by the Wagner Peyser Act 1933?
US Department of Labor’s Employment and Training Administration
What did the Workforce Investment Act (WIA) establish within the Employment Service Offices?
One Stop Centers
One Stop centers and Employment Services Offices contract with whom? How are the funds allocated?
The Federal Government,
Funds are allocated to each state based on a complex formula
What act was signed into to law by FDR during the Great Depression?
The Walsh - Healey Act (Public Contracts Act) 1936
What was the purpose of the Walsh Healey Act 1936?
the act was designed to assure the government paid a fair wage to manufacturers and suppliers of goods for federal contracts in excess of $10k
The provisions of the Walsh Healey Act include:
- Overtime pay requirements for work done over 8 hours in a day or 40 hours in a week
- a minimum wage equal to the prevailing wage
- Prohibition of the employment of anyone under 16 yrs of age or a current convict
In 1968, what law excluded federal contractors from overtime for more than 8 hours work in a day?
The Defense Authorization Act of 1968
The Work Opportunity Tax Credit (WOTC) 1996
This law provides federal income tax credits to employers who hire from certain targeted groups of job seekers who face employment barriers
Currently, how much is the Work opportunity tax Credit?
$9600.00, this is changed from time to time
What are the targeted groups of defined in the WOTC?
- Qualified recipients of TANF
- Qualified Vets receiving food stamps/SNAP
- Qualified Vets with service connected disability with a hire date less than one year after discharge/ release of active duty
- Qualified Vets with service connected disability with aggregate periods of unemployment that equal 6 months or more during the 12 months preceding date of hire
- Family members of vets who received SNAP for at least 3 months during the 15 months preceding hire date
- A service connected vet entitled to compensation hired within ONE year of discharge OR unemployed for 6 months of the YEAR before hire date
- Ex felons hired within ONE year of conviction/release from prison
- Qualified SNAP recipients who are btw 18 and 40 on date of hire
- Qualified recipients of SSI
- Long Term family assistance recipients
- Vocational Rehab referrals including Ticket Holders who have a work plan developed and implemented by an Employment Network.
- Qualified summer youth 16- 17 ages who reside in, Designated community resident (an individual btw ages 18 to 40 on DOH) who reside in empowerment zone, Enterprise Community, or Renewal Community
