Study Guide Flashcards
Davis Bacon Act
Contractors/subcontractors have to pay prevailing wages to their laborers/mechanics
Consumer Credit Protection Act (1968)
Applies to companies with at least 1 employee
Limits the amount of wages that can be garnished
Creditors can only garnish 25% of disposable wages
Child support up to 50% with dependents 60% without
Student loans up to 15%
Back taxes - employer pays minimum, rest to taxes
Employers cannot retaliate unless you have more than 1 garnishment
Protections decrease once you have 2 or more garnishments
Employee Retirement Income Security Act
Protects employees covered by a pension plan from losses in benefits due to job changes, plant closings, bankruptcies, or mismanagement
Health Insurance Portability and Accountability Act
Individuals who leave/lose their jobs can obtain health coverage even if they or someone in their family has a serious illness/injury or is pregnant
Provides privacy requirements related to medical records
Limits exclusions for preexisting conditions and guarantees renewability of health coverage to employers and employees
Fair Labor Standards Act
Mainly related to how people are paid (min wage/overtime)
Helps determine whether a job is exempt or nonexempt from overtime pay
Requires employers to keep a record of employee information
How much they are paid, as well as basic identifying information
Overtime calculation (1.5x normal pay rate, for all hours worked over 40)
Five main types of exempt status under FLSA
Executive
Administrative
Professional
Computer Systems
Outside Sales
What three standards must an exempt employee meet under FLSA?
Minimum salary
Paid on a salary basis without improper deductions
Perform exempt duties
What is a primary duty according to FLSA
A primary duty is the main or most important duty and is an important part of exemption. Employees who spend more than 50% of their time performing a specific duty will generally satisfy the primary duty requirement
Executive Exemption
Have a primary duty of managing an enterprise, department, or subdivision
Have the authority of the employer to hire and fire
Direct the work of at least two full-time employees or their equivalent
Affect promotion decisions
Administrative Exemption
Requires performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers
Includes the exercise of discretion and independent judgement related to “matters of significance”
Professional Exemptions
Learned Professionals
Requires advanced knowledge in a field of science or learning that
is acquired by prolonged instruction
Work is intellectual in nature and requires exercise of discretion and judgement
Creative Professionals
Must meet minimum salary requirements
Perform work that requires invention, imagination, originality or talent Perform in a recognized field of creative or artistic endeavor
Highly Compensated Exemption
Make an annual salary of $100k or more that includes at least $455 per week paid on a salary or fee basis
Perform one of the duties of an exempt executive, administrative, or professional employee
Computer Employees Exemption
Must meet the salary minimum
Employee’s pay cannot be subject to deductions inconsistent with the salary basis requirement
Primary duties must fall into on of four categories
Application of systems analysis techniques and procedures
Design, development, documentation, etc of computer systems Design, documentation, testing of computer programs related to machine operating systems A combination of these duties
Outside Sales Exemption
Have a primary duty involving making sales or obtaining orders and contracts
Be customarily and regularly engaged away from the employer’s place of business
Outside sales employees are not subject to the minimum salary requirements of other exemptions
Safe Harbor
A safe harbor provision prevents an employer from losing an overtime exemption for improper pay deductions - regardless of the reason for the improper deductions where:
The employer has a clearly communicated policy prohibiting improper pay deductions
Employees are reimbursed for any improper deductions
The company makes a good-faith effort to comply in the future
Compensatory Time
Overtime usually must e paid in cash
Public sector employers may grant compensatory time off
Does not apply to nonexempt private sector employees
Public employees can accumulate comp time
Labor Management Relations Act (LMRA)
AKA Taft Hartley Act
Helps employers
Prohibits unfair labor practices by unions and outlaws closed shops, where union membership is required in order to get and keep a job
National Labor Relations Act (NLRA)
AKA Wagner Act
Helps unions
Provides employees the right to form unions and negotiate wage and hour issues with employers
Grants employees the right to organize, join unions, and engage in collective bargaining and other concerted activities
Protects against unfair labor practices by employers
Landrum-Griffin Act
Helps employees in unions
Protects the rights of union members from corrupt or discriminatory labor unions, and applies to all labor organizations
Taft-Hartley and Landrum Griffin both aim to protect individuals from unions
Norris-LaGuardia Act
Prohibits yellow-dog contracts
Agreements where employees promise employers that they would not join unions
Sherman Anti-Trust Act
Prohibits attempts to restrict competition or fix prices
Prohibits restraint of trade
Wagner-Peyser Act
Assists the unemployed
Provides job seekers with assistance in their job search, and recruitment services for employers
Americans with Disabilities Act
15 or more employees
Employers are required to provide job accommodations for qualified individuals
Job accommodations: If there is no request for accommodation, no action is required by the employer
Prohibits employers from inviting job applicants to identify their disability status prior to receiving a job offer
An employer is not required to make an accommodation if it would impose an undue hardship on the operation of the employer’s business.
Civil Rights Act (Title VII)
Relates to employment discrimination and cites six protected classes (race, color, religion, national origin, sex, sexual orientation/gender identity)