U.S. Employment Law and Regulations 2

Question 1

Equal Pay Act (EPA)

Answer 1

An amendment to the FLSA, prohibits unequal pay for equal or substantially equal work performed by men and women

Question 2

Equal Pay Act Definitions

Answer 2

Skills
Effort
Responsibility
Working Conditions

Question 3

Employee Retirement Income Security Act (ERISA)

Answer 3

Establish uniform minimum standards to ensure that employee retirement plans are set up and maintained in a fair and financially sound manner

Question 4

ERISA requires that employers comply with a number of requirements in operating their plans; several are noted here:

Answer 4

Fiduciary Duties: the plan fiduciaries must follow the prudent person rule–the fiduciary cannot take more risks than a prudent expert investor would.

Eligibility Requirements: the minimum requirements are attainment of age 21 and completion of 12 months of service

Vesting Requirements: cliff–after 3 years, graded–get a little year 1, more year 2, and the rest year 3

Communication Requirements: prepare and distribute summary plan descriptions

Reporting Requirements: annual report 5500 must be filed w IRS and made available to participants

Question 5

Sarbanes Oxley Act (SOX)

Answer 5

Requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud

*Must provide 30 day notice but no more than 60 days of a blackout period–must be in writing but could be electronic

Question 6

SOX Whisteblower Protection

Answer 6

SOX prohibits publicly traded companies from taking any adverse employment action against employees because of protected whistleblowing activities

Question 7

Lilly Ledbetter Fair Pay Act

Answer 7

Overturned the OG Ledbetter of 2007 court decision–Under the act, the statute of limitations resets as the employer issues each allegedly discriminatory paycheck

Question 8

Consolidated Omnibus Budget Reconcilitation Act (COBRA)

Answer 8

Provides individuals the opportunity to continue receiving health care coverage under the employers group health plan at the individual expense.

• Employer can charge a 2% fee
• Employers of 20+ EEs who they provide benefits for

Question 9

COBRA Coverage (Timing)

Answer 9

Termination for gross misconduct=0m
Termination for any reason other then gross mis=18m
Reduction in hrs=18m
EE is disabled at the time of reduction of hrs=29m
Divorce or death of employed spouse=36m
Dependent child loses eligibility status=36m

Question 10

Family Medical Leave Act (FMLA)

Answer 10

Requires employers to allow EEs to take time off for certain caregiving, medical, military, and family needs.

• Covers all private sector employers with 50+ EEs for 20 or more workweeks in the current or preceding year.
• To be eligible, EE must have worked 12 months, for 1250 hours AND at a site within 75 miles of which 50+ EE work

Question 11

Reasons FMLA allows EEs to take up to 12 workweeks of unpaid leave:

Answer 11

1. Care of child
2. Care of the EEs immediate family
3. Serious health condition
4. Childbirth
5. Care for service member
   * You can find answers on DOL website for: intermittent, definition of spouse, biological parents, medical certification requirements, etc

Question 12

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Answer 12

Enacted to protect the employment, reemployment, and retention rights of persons who voluntarily or involuntarily serve or have served the uniformed services

*Applied to virtually all employers, both public and private, regardless of size

Question 13

Patient Protection and Affordable Care Act (PPACA)

Answer 13

Virtually all citizens and legal residents of the US have been required to have minimum essential health coverage. (until a child reaches 26)

*Requires employers with more than 50 FT EEs to offer minimum health coverage that meets specifications or pay a penalty of $2k per FT EE per year.

Question 14

Cadillac Plan

Answer 14

Places an exise tax on high value health plans–where the value of family coverage and coverage for retirees and employees in high risk jobs exceeds specified limits.

Question 15

Occupational Safety and Health Act (OSHA)

Answer 15

Established the first national policy for workplace safety and health–requires employers to provide safe and healthful working conditions for employees

*Covers all workers in the country, except for small family farms worked on only family members

Question 16

General Duty Clause

Answer 16

The overarching EE right under the OSHA is covered by the general clause that sates: shall furnish each EEa place of employment free from recognized hazards that might cause death or harm AND comply with OSHA standards AND EE must comply with OSHA rules

Question 17

Key OSHA Standards

Answer 17

Emergency Exit Evacuation Procedures

Occupational Noise Exposure

Maching Guarding

Hazard Comms

Control Hazard Energy

Bloodborne Pathogens

Confined Space Entry

PPE

Process Safety Mgmt

Question 18

Drug Free Workplace Act

Answer 18

Federal contractors with contracts of $100k or more and recepients of grants from the fed gov must follow requirements to certify they are maintaining a drug free workplace.

1. Developing a policy
2. Specify actions taken against violators
3. Provide copy of policy and consequences
4. Drug free awareness program

Question 19

National Labor Relations Act and Amendments

Answer 19

National Labor Relations Act (NLRA)-purpose of protecting and encouraging the growth of the union movement–established workers rights to organize and bargain with employers AND established the NLRB

Labor Mgmt Relations Act (LMRA)-amended NLRA and imposed several restricitions and requirements on unions

Labor Mgmt Reporting and Disclosure Act (LMRDA)-further amended the NLRA and imposed regulations on internal union affairs and the relationship between union officials and union members.

Question 20

NLRB v. Weingarten

Answer 20

The right of a unionized employee to have another person present during certain investigatory interviews.

1. When an EE request a union rep, HR must stop until the rep comes
2. The rep must be affiliated with the union, can add info to support the EEs case, the rep cant tell the EE what to say but can advise on how to answer, the rep can interrupt to clarify a ?, the rep can speak privately w the EE b4 the interview, and mgmt must inform the rep of the subject of the interview

Question 21

Lechmere Inc v NLRB

Answer 21

Court ruled that Lechmere did not commit a ULP by barring EE union organizers from its property–an employer cannot be compelled to allow non EE organizers onto the business property to any exten greater than it permits other orgz access to its property.

Question 22

Fair Credit Reporting Act (FCRA)

Answer 22

1. Regulates the collection and use the consumer credit information
2. Calls for full disclosure of consumer reports
3. Individuals can dispute the accuracy, wrongful use, or interpretation of the information

Question 23

FCRA Provisions

Answer 23

1. Written notice and authorization
2. Pre adverse action (opinion letteris 5 days)
3. Adverse action procedures
4. Certifications to credit bureaus
5. Penalties

Question 24

Fair and Accurate Credit Transactions Act (FACTA)

Answer 24

Amends FCRA and provides some relief to employers using 3rd parties to conduct workplace investigations–an employer who uses a 3rd party to conduct workplace investigation no longer needs to follow the consent and disclosure requiremens of FCRA b4 commencing the investigation if the investigation involves suspected misconduct/violation of law.

Question 25

Dodd Frank

Answer 25

Amendment, whenever any adverse action is taken against an individual, either party or wholly because of information contained in a consumer report, the employer must provide the individual with oral, written, or electronic notice of the adverse action as well as specific credit score information used and the name of the consumer reporting agency or person that furnished the credit score.

Question 26

Immigration Reform and Control Act (IRCA)

Answer 26

IRCA prohibits discriminatino against job applicants on the basis of national origin or citizenship and, at the same time, establishes penalties for hiring undocumented workers, with certain exceptions.

Question 27

Employee Polygraph Protection Act (EPPA)

Answer 27

Prevents most private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment

Allowed, but cannot discriminate upon refusal to take a poly test:

1. EEs who are reasonably suspected of a workplace incident that results in economic loss
2. Prospective EEs of armored card, security alarm, security guard, national security
3. Prospective EEs of pharma or other firms authorized to controlled substances

Question 28

Worker Adjustment and Retraining Notification (WARN)

Answer 28

Requires employers to give a minimum of 60 days of advance written notice if a plant is to close or if mass layoffs will occur–also allows displaced workers adequate time to search for a new job.

*Applies to employers of 100 or more FT or FT and PT (4,000 hours)

Question 29

EEOC Complaint Process

Answer 29

EEO Charge Filed

EEOC notifies respondent of charge via a letter

EEOC sends respondent a copy of the charge

Employer is requested to submit its written responses to the charge and/or EEOCs request for info. The EEOC may schedule a fact finding conference and/or offer mediation

EEOC reviews charge and assesses ‘reasonable cause’

1. If reasonable cause: EEOC attempts conciliation, respondent required to provide remedies to settle THEN charge is settled or may go to litigation with EEOC or court
2. No determination: charging party has right to request right to sue letter after 180 days THEN charging party must file suit in court within 90 days
3. Cause not found: EEOC notifies both parties, charging party is notified of right to sue, EEOC involvement ends THEN charging party may file suit in court within 90 days

Question 30

DOL Electronic Guidelines that Employers Should Consider When Opting for an Electronic System:

Answer 30

1. Record keeping system must have reasonable controls to ensure the integrity, accuracy, authenticity, and reliability of the records kept in electronic form
2. Must be maintained in reasonable order, in a safe and accessible place, and in such a manner as they may be readily inspected or examined
3. The electronic records must be able to be readily converted into legible and readable paper copy
4. Adequate records mgmt practices must be established and implemented

Question 31

Misc Acts

Answer 31

1. David Beacon: federal contractors to pay no less than local wages
2. Walsh Healey: established min wage/max hours/health standards
3. McNamara: requires certain employers to pay no less than the wages and benefits founds in the locality (CBA previous)
4. VEVRAA: requires federal contractors to employ and advance specified categories of veterans
5. DACA: allows certain ppl who came to US as children to defer deportation

Question 32

Green Cards and Visa Types

Answer 32

Immigrant Visas: EB1 (priority workers), EB2, EB3

Non Immigrant Visas: B1 (business visitor), H1B (speciality occupation worker), L1 (intracompany worker)