Things to Study Flashcards
Sherman Antitrust Act
Wage & Hour Law
Was the first US government action to limit monopolies.
Davis-Bacon Act
Wage & Hour Law
Established the requirement for paying prevailing wages on public works projects. All federal government construction contracts, and most contracts for federally assisted construction over $2,000, must include provisions for paying workers no less than the locally prevailing wage and benefits paid on similar projects.
Copeland Act
Wage & Hour Law
Anti-kickback Law. Prohibits contractors or subcontractors from in any way inducing an employee to give up any part of the compensation to which he or she is entitled.
Walsh-Healy Act
Wage & Hour Law
Requires contractors engaged in the manufacturing or furnishing of materials, supplies, articles, or equipment to the U.S government to pay employees who produce, assemble, handle, or ship goods under contracts exceeding $10,000, the federal wage for all hours worked.
Fair Labor Standards Act (FLSA)
Prescribes standards for the basic minimum wage and overtime pay.
It covers…
1)Minimum wage
2)Overtime pay
3)Child Labor
Administered by Wage and Hour Division within the U.S Department of Labor.
Child Labor
-Employee must be at least 16 to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous.
-Youths 14 and 15 years old may work outside school hours in non-manufacturing, non-mining, non-hazardous jobs
14 & 15 Year Old Child Labor Laws
1) 3 hours on a school day or 18 hours in a school week.
2) 8 hours on a non-school day or 40 hours in a non-school week.
3) Work may not begin before 7 am or end after 7 p.m, except from June 1 through Labor Day, when evening hours extend to 9 p.m.
3 or 8 (school or non-school day)
18 or 40 (school or non school week)
Equal Pay Act
Requires equal pay for men and women doing equal work.
Lilly Ledbetter Fair Pay Act
Clarify compensation practices that allow pay discrimination to be determined with the issuance of each new paycheck rather than the old system whereby the complainant had only 180 days to file a complaint from date of event.
Portal-to-Portal Act
Further defined exactly what time was considered compensable work time. If an employee is engaging in activities that benefit the employer, regardless of when they are performed, the employer has an obligation to pay the employee for his or her time. Travel to and from the workplace was a normal incident of employment and should not be considered paid working time.
McNamara-O’Hara Service Contract Act
Applies to every contract entered by the U.S, the purpose is to furnish services to the U.S using service employees. It requires that contractors and subcontractors must pay local prevailing wage.
Wage Garnishment Act
Protect employees from discharge by their employers because their wages have been garnished for any one debt.
Fair Credit Reporting Act
Federal law that regulates the collection, dissemination, and use of consumer credit information.
Social Security Act
Benefits include…
-Retirement
-Disability
-Survivorship
-Death
Age Discrimination in Employment Action (ADEA)
Prohibits employment discrimination against persons 40 years of age or older in U.S. Applies to employers of 20 or more.
Employee Retirement Income Security Act (ERISA)
Requires that employers provide employees with specific information concerning benefits plans.
Pregnancy Discrimination Act (PDA)
Requires employers to provide what insurance, leave pay, and additional support that would be bestowed upon any employee with medical leave or disability. Only applied to companies with 15 or more employees.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Mandates an insurance program giving some employees the ability to continue health insurance coverage after leaving employment.
Uniformed Services Employment & Reemployment Rights Act (USERRA)
Requires employers to provide health insurance continuation for individuals performing military duty of more than 30 days for up to 24 months.
Older Workers Benefit Protection Act (OWBPA)
Prohibits employers from denying benefits to older employees. Employer may offer severance agreement. It gives employees 21 days to consider signing a waiver and once signed the employee has an additional 7 days to retract signed agreement.
Family Medical Leave Act (FMLA)
Allows an employee to take unpaid leave due to a serious health condition that makes the employee unable to perform their job or to care for a sick family member or to take care of a new son or daughter.
Requirements
-50 employees in a 75 mile radius
-12 workweeks of unpaid leave in 12 month period
-Spouse, child, or direct parent
BANG
Birth
Adoption
Nuptials
Guardian
Health Insurance Portability and Accountability Act (HIPAA)
Privacy provisions. Protected Health Information (PHI). U.S Department of Health and Human Services (HHS) and Office of Civil Rights (OCR) enforce.
Sarbanes-Oxley Act (SOX)
Requires that participants be notified of blackout periods.
Ranking Method
Ordering jobs from highest to lowest based on some definition of value.
Classification/Grading Method
Use by federal government. Each job is categorized into groups called classes.
Factor Comparison Method
Seldom used. Compares jobs on several factors to obtain a numerical value for each job and arrive at a job structure.
Point Method
Involves rating each job on several compensable factors and adding the scores on each factor to obtain a point total for a job. Most used.
Guide Chart-Profile Method (Hay Method)
Most popular point factor method. Universal factors include…
-Know-how (skill)
-Procedures and techniques
-Breadth of management skills
-Person-to-person skills
-Problem solving
-Thinking environment
-Thinking challenge
-Accountability
-Freedom to act
-Impact on results
-Magnitude
-Working conditions
-Hazards
-Environment
-Physical demands
Calculating Overtime
1) Establish straight time pay
2) Add the non-discretionary bonus
3) Divid by the hours worked to get the hourly rate of pay
4) Establish the half-time overtime rate of pay
5) Multiply the half-time rate by the overtime hours
6) Add regular straight-time pay to the overtime pay
Rehabilitation Act
-15 or more employees.
-Employers that have federal contracts.
-They cannot discriminate against handicapped individuals and must take affirmative action to provide employment.
Americans with Disabilities ACT (ADA)
Prohibits discrimination in employment on the basis of a person’s disability. Requires employers to make reasonable accommodations (can’t create an undue hardship for company) for anyone with a disability.
Vietnam-era Veterans Readjustment Act (VEVRAA)
Requires federal contractors and subcontractors must take affirmative action to hire and promote veterans and disabled veterans.
Immigration Reform and Control Act (IRCA)
Ensures that employers do not employ aliens who are not authorized to work in the U.S.
Consumer Credit Protection Act
Law governing wage garnishments. Sets a limit on the amount of employees’ weekly disposable earnings that may be garnished.
Drug Free Workplace Act
Applies to private-sector employers who are classified as federal contractors. Requires employers to establish workplace substance abuse prevention programs.
Uniform Guidelines on Employee Selection Practices (UGESP)
Provides employers with a self-assessment tool and methodology to determine if an employment selection process has had an adverse impact on one or more protected groups. 4/5ths rule.
Worker Readjustment and Retraining Notification Act (WARN)
Requires employers give advance notice (60 days) and follow procedures when conducting plant closings and mass layoffs (more than 50 employees and at least 33% of the workforce) for employers with 100 or more employees.
Executive Order 11246
Requires all federal contractors to take and report on affirmative action to ensure nondiscrimination in hiring and promotion.
Enforced by Office of Federal Contracts Compliance Programs (OFCCP)
Tort Law
Is a series of rights workers have to seek legal remedies should their rights be violated.
HRIS
Human Resource Information Systems
H-1B
Rare professional and speciality occupations (visa)
L
Intra-company transfer (visa)
BFOQ
Bonafide Occupational Qualification
Disparate Treatment
Purposeful intent
Disparate Impact
Non-intentional results
Railway Labor Act
-First allowed employees to organize and form a union.
-Limited to railway works only and then later added airline workers.
Norris-LaGuardia Act
-Also called Anti-Injunction Act.
-Limits the jurisdiction and authority of the courts of the U.S to issue restraining orders and injunctions in cases involving labor disputes.
-Can’t go to a judge to force people back to work if they are on strike
National Labor Relations Act (NLRA)
-Also called Wagner Act
-Federal law granting employees of covered employees broad right to form or join unions
-Covers almost all private-sector employers
Labor Manager Relations Act (LMRA)
-Also called Taft-Hartley Act
-Establishes the rights and obligations of employers, employees, and unions with respect to collective bargaining
Labor-Management Reporting/Disclosure Act (LMRDA)
-Also called Landrum-Griffin
-Enacted primarily to ensure basic standards of democracy and fiscal responsibility in labor organizations representing employees in private industry.
-Right for union members to combat wrongdoing and to limit control of union leadership
Civil Service Reform Act (CSRA)
Guarantees certain privileges to federal employees who exercise their statutory right to become a member of a union representing federal employees.
Federal Labor Relations Act (FLRA)
Establishes collective bargaining rights for most employees of the federal government in the U.S.
T.I.P.S
Prohibited Activity When Employees Want to Form Union
-Threats
-Interrogation
-Promises
-Surveillance
Double Breasted Operations
An employer may not divert work form a unionized portion of its facility to a non-unionized part of its facility to avoid bargaining with a union. Nor can an employer relocate to avoid being a unionized facility.
Electromation
Only the employer or the lawful bargaining agent (union) are allowed to address “conditions of employment.” Not committees at work.
Hot Cargo Agreement
Where employer permits its employees to not work with materials that come from a firm that is being struct by a union. This is illegal.
Scondary Boycott
Where a neutral third-party company is threatened with a boycott unless they stop doing business with the primary boycotted company. This is illegal.
Yellow Dog Contracts
Can’t have prospective employees sign agreements saying they won’t join a union. These contracts are illegal.
Griggs vs Duke Power Co.
Adverse impact & race discrimination
NLRB vs. J. Weingarten, Inc.
Right of representation
Regents of the University of CA vs. Bakke
Reverse racial discrimination
Circuit City Stores vs. Adams
Employer right to require mandatory arbitration
Ledbetter vs Goodyear Tire and Rubber
Statutory limitation of pay discrimination
Forecasting Models
1) Judgmental Forecasting - planner uses their own experience to make a prediction.
2) Delphi Technique - use of a panel of experts who in isolation give their opinion.
3) Nominal Group Technique - group brainstorming, but not in isolation.
Balanced Scorecard
A concept for measuring a company’s activities in terms of vision and strategies to give managers a comprehensive view of the performance of a business.
The key is not only the financial outcomes, but also the human issues.
-Financial Perspective
-Customer Perspective
-Business Process Perspective
-Learning and Growth Perspective
Organization Lifecycle
1) Introduction Stage
2) Growth Stage
3) Maturity Stage
4) Decline Stage
5) Demise Stage
Lewin’s Change Theory
1) Unfreezing
2) Move
3) Refreeze
Kotter’s 8 Step Change Model
1) Create a sense of urgency
2) Build a guiding coalition
3) Form a strategic vision and initiatives
4) Enlist a volunteer army
5) Enable action by removing barriers
6) Generate short-term wins
7) Sustain acceleration
8) Institute change
Organizational Development (OD)
Company-wide effort at managing change
Span of Control
The number of subordinates reporting directly to a supervisor determines their span of control.
Theory X
People are lazy, not very bright, and irresponsible.
Theory Y
People are bright, responsible, motivated, and wanting control over their work and lives.
POLC
Management Model
P - Planning (vision, mission, goals)
O - Organizing (org design, culture, social needs)
L - Leading (decision making, communications, motivation)
C - Controlling (Systems/processes, Strategic HR)
PERT
Program Evaluation & Review Technique chart
-ordering of tasks
Operant Conditioning
A theory of motivation is behavior modification. Deals with modifying external factors.
ESOP
Employee stock ownership plans
Repatriation
The process of being reintegrated back into domestic operations after being on an international assignment outside U.S.
Expatriate
An employer who is on assignment in a country other than their own home country.
EQ
Emotional Quotient
The emotional maturity of a leader that helps them stay calm and composed as everyone else around them is losing their minds.
Attrition
Reducing the workforce of an organization by simply not replacing those employees who retire or quit.
Third-Country National (TCN)
A non-resident alien who is paid by a U.S. company but is not working in his/her home country.
