SHRM-SCP - laws and regs to know Flashcards
Glossary term
ADA
Americans with Disabilities Act
- **Orgs w/15 **or more employees
- may not discriminate against someone with a disability
- if reasonable accommodation is required for someone to perform their job, **employers are required to provide the accommodation or an alternative; **
-
interactive process between EE and ER results in the accommodation being granted or an explanation as to why it would cause an undue hardship; also is about employer finding an accommodation that would be as effective and lower cost
*employers are not obligated to accept the employee’s request without alteration
Glossary term
ADAAA
Americans with Disabilities Act Amendments Act
expanded the scope of who qualifies as disabled; prohibits mitigating circumstances (i.e. someone with epilepsy who had it under control with medication used to not be considered disabled). Excludes eyeglasses and contact lenses.
an individual can be disabled but able to their job without an accommodation.
glossary term
how did the ADAAA’s definition of disability change?
defined as:
* an impairement that substantially limits (does not significantly restrict) one or more major life activities (what you need to do to get through the day; 5 senses, OT)
*having a record of such impairment
* being regarded as having such an impairment
glossary terms
COBRA
Consolidated Omnibus Budget Reconciliation Act
ERs with health insurance must offer terminated employees option to continue health coverage.
Can be for dependents if there has been a qualifying event
Cost is group rates w/2% admin fee paid by employees
Duration of coverage dependent on variables
glossary term
EPA
Equal Pay Act
- Amendment to the FLSA
- enforced by EEOC
- prohibits pay discrimination on basis of sex for equal work on jobs requiring substantially equal skill, effort, etc.
does not address concept of comparable worth
glossary term
comparable worth
Concept that jobs that are primarily filled by women and require skills, effort, responsibility and
working conditions comparable to similar jobs primarily filled by men should have the same
classifications and salaries
glossary term
FCRA
Fair Credit Reporting Act
regulates collection, dissemination and use of consumer info (i.e. credit info)
ERs must notify a candidate in writing that their credit report may be used in making an employment decision.
ERs must get written authorization from candidate before getting credit report
Protects privacy of background investigation info and ensures accuracy
ERs taking adverse action have additional disclosures to send to candidate
glossary term
FLSA
Fair Labor Standards Act - what does it cover?
- how ppl are paid
a) established national minimum wage
**- employment of young people **
a) prevent “oppressive child labor”
- employment records
a) first federal law to require employers to maintain records on race and sex
- hours of work
a) 44 max hour workweek, 7 day workweek, time and a half for some positions
ERISA
Employee Retirement Income Security Act
(public-sector and churches not subject)
governs how retirement plans are managed once they are established thru uniform minimum standards
protects EEs and beneficiaries in a pension plan from losses in benefits due to job changes, closures, etc.
must conform w/IRS to receive tax advantages
what entity did ERISA establish and what is its purpose?
Pension Benefit Guaranty Corporation (PBGC)
acts as insurance for all pension plans; ERs offering pensions are required to pay into it
explain the vesting schedule that ERISA established
Cliff vesting: zero vesting until employee’s 3rd work anniversary - 100% vested
Graduated vesting: (step or stair vesting) - begins at 20% vested after 2 years, followed by 20% or more each year (100% at 6 years)
FMLA
Family Medical Leave Act
