Total Rewards Flashcards
Sherman Antitrust Act
The first US government action to limit monopolies and is the oldest of all US antitrust laws.
Also limits salary fixing
Davis-Bacon Act
US Federal law that est the requirement for paying prevailing wages on public works projects
All federal government contracts over $2,000 must include provisions for paying workers no less that locally prevailing wages/benefits
Copeland Act
Prohibits contractors from in any way inducing and employee to give up any part of comp to which he is entitled under his contract
Requires contractors to submit weekly statements of compliance
Walsh-Healey Act
Requires contractors engaged in manuf of materials/supplies/equipment to the US gov to pay employees who produce goods exceeding $10,000 the fed minimum wage for all hours worked and time 1/2 for over 40 hours in 1 week
Fair Labor Standards Act (FLSA)
Prescribes standards for the basic minimum wage and overtime pay
- affects most private and public employment
- req employers to pay employees who are not exempt the federal min wage and time 1/2 for overtime
- does not req employers to provide severance pay, sick leave, vacations, or holidays
FLSA - Minimum Wage
All employees covered by the law must pay employees at least the set min wage per hour
FLSA - Overtime Pay
Non-exempt employees who work > 40 hours per week must be paid 1.5x base wage
FLSA - Child Labor
An employee must be at least 16 years old to work in most non-farm jobs
At least 18 to work in non-farm jobs declared hazardous by sec of labor
Youths 14-15:
- may work outside school hours in non-manuf, non-mining, non-hazardous jobs
- no more than 3 hrs on a school day or 18 hours in school week
- 8 hours on non-school day or 40 hours in non-school week
- work may not begin before 7 am or end after 7 pm except 6/1 - Labor Day when hours are extended to 9 pm
FLSA - Recordkeeping
Every employer covered by FLSA must keep records including info about the employee, hours worked and wages earned
Employer must maintain for period of at least 3 years
- employees full name as for social security purposes
- address
- birth date
- sex & occupation
- time and day of week work week begins, hours worked each day, total hours worked each week
- pay period
- pay rate
- total overtime for work week
- additions to or deductions from employees wages
- total wages paid each pay period
Executive Exemption
Qualifications:
- employee must be comp’d at rate of at least $684 weekly
- employee’s primary duty must be managing the enterprise or managing a dept/subdivision of enterprise
- employee must direct the work of at least 2 or more full time employees
- employee must have authority to hire/fire other employees or make suggestions on such
Administrative Exemption
Qualifications:
- employee must be comp’d at least $684 weekly
- primary duty must be performance of office or non-manual work directly related to general business operations of employer
- primary duty includes exercise of discretion and judgement with respect to matters of significance
Professional Exepmtion
Qualifications:
- employee must be comp’d at least $684 per week
- employee’s primary duty must be performance of work requiring advanced knowledge (work which is predominantly intellectual in character and requires consistent exercise of judgement)
- advanced knowledge must be in a field of science or learning
- advanced knowledge must be customarily acquired by prolonged course of specialized instruction
Also — creative professional exemption and computer employee professional exemption
Outside Sales Exemption
Qualifications:
- employees primary duty must be making sales (as defined in FLSA) or obtaining orders/contracts for services or for use of facilities for which a consideration will be paid by client
- employee must be regularly engaged away from the employer’s place or places of business
Highly Compensated Employees
These employees making $107,432 or more are exempt from the FLSA if they regularly perform at least one of duties of an exempt executive, administrative, or professional employee
Blue Collar Workers
The exemptions in section 13(a)(1) apply only to “white collar” employees meeting the salary and duties tests in the regulations
Exemptions do not apply to manual laborers or “blue collar” workers who perform physical work
Police, fire fighters, paramedics, and other first responders
Exemptions do not apply
Section 13(a)(1) of the FLSA
Provides exemption from both minimum wage and overtime pay
To qualify, employees must meet certain tests regarding job duties and be paid on a salary basis (not less than $684 per week
Equal Pay Act (EPA)
Requires equal pay for men and women doing substantially equal work under similar working conditions
EPA is incorporated into FLSA and applies to all employers subject to FLSA
NOT same pay for same job
It’s same pay for similar job
Lilly Ledbetter Fair Pay Act
Clarified comp practices that allow pay discrimination to be determined with the issuance of each new pay check rather than the old system which gave the complainant 180 days to file a complaint from last issuance of discriminatory pay check
Ledbetter was paid less than male colleagues while employed. She discovered the wage disparity after she retired. This new act awarded her restitution
Portal-to-Portal Act
Defined exactly what time was considered compensable work time
As long as an employee is doing work that benefits the employer, regardless of when they are performed, the employer is obligated to pay the employee for his or her time
Time to and from work is not considered paid working time
McNamara-O’Hara Service Contract Act (SCA)
Requires contractors and subcontractors performing services on covered federal contracts in excess of $2500 to pay service employees no less than the monetary wage rates and to furnish fringe benefits found prevailing in the locality
Wage Garnishment Act
Aka wage garnishment provisions of the Consumer Credit Protection Act (CCPA)
Protects employees from discharge by employers because their wages have been garnished for any one debt
It also limits the amt of an employee’s earnings that may be garnished in any one week
Disposable Earnings
Different from gross pay or take home pay
“Earnings” means compensation paid or payable for personal services and includes wages, salary, commission, bonus, and includes periodic payments through pension or retirement program
Does not include tips
Deductions
Disposable earnings means only that portion of earnings left after deductions required by law
Can include fed income tax withholding, fed social security taxes, state & city tax withholding, state unemployment insurance taxes, and deductions required under state employees retirement systems
Fair Credit Reporting Act (FCRA)
Regulates the collection, dissemination and use of consumer credit info
Under this law users of information for credit, insurance, or employment must:
- notify the consumer when an adverse action is taken on the basis of these reports
- identify the company that provided the report so that the accuracy and completeness of the report may be verified or contested by the consumer
Independent Contractors
The employer is generally relieved of responsibility for withholding and paying employment taxes. And for providing benefits and ensuring protections of other employment laws
An employer that incorrectly classifies a worker as an independent contractor can be liable for tax, interest, and penalties
Test to determine:
- who sets hours of work?
- who sets pay rate?
- who pays for equipment?
Real determination is answering “is the person in business for themselves?”
Benefit Laws - Social Security Act
A social insurance program funded through dedicated payroll taxes called FICA (Federal Insurance Contributions Act)
Major benefits include:
- retirement
- disability
- survivorship
- death
Benefits Laws - Workers’ Compensation
Provides employees with financial protection in the event of a disabling workplace injury or illness and protects employers from costly damage suits
Benefits Laws - Age Discrimination in Employment Act (ADEA)
Prohibits employment discrimination against persons 40 years of age or older
Also sets standards for pensions and benefits provided by employers
Employee Retirement Income Security Act (ERISA)
Requires that employers provide employees with specific info concerning benefit plans
Requires reporting and disclosure of pension and profit sharing plans and welfare plans such as those dealing with group life, group accident, hospitalization, medical and surgical, and dental care insurance
If employers modify plans they must communicate to employees
Form 5500
A financial report that must be filed with IRS by employers who provide a qualified retirement plan (i.e. a pension, profit sharing or 401(k) plan, or section 125 plan)
This form is also needed when an employer provides group medical, dental, life, or disability with 100 or more plan participants
Pregnancy Discrimination Act
Prevents expectant mothers from being fired, not hired, or discriminated against due to pregnancy or intent to become pregnant
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 and Reemployment Rights Act (USERRA)
Requires employers to provide health insurance continuation for individuals performing military duty of more than 30 days