U.S. LAWS Flashcards
If you have 1 to 14 employees, how many federal laws and regs that you must abide by?
54 federal laws
What is the Clayton Act and what other name does it go by?
The Sherman Anti-trust Act. This prohibits mergers and acquisitions that would lessen competition. It prohibits a single person from being a director of two or more competing corporations. You cannot use injunctions against labor and legalized peaceful strikes, picketing, and boycotts.
What is the Consumer Credit Protection Act
This set limits to the amount of wages that can be garnished or w/held in any one week by an employer to satisfy creditors (normally max of 25 percent). It prohibits employee dismissal because of garnishment for any one indebtedness.
What is the Copeland anti-kickback act?
This precludes a federal contractor or subcontractor from inducing an employee to give up any part of his or her wages to the employer for the benefit of having a job.
What is the Copyright Act?
This offers protection of original works for authors so others may not print, duplicate, distribute, or sell their work. this lasts for the author’s life plus 70 years for general copyrights and 95 years for works made for hire and works copyrighted before 1978.
What is the Davis-Bacon Act?
this requires contractors and subcontractors on federally funded or assisted construction projects over $2k in the U.S. to pay wages and fringe benefits at least equal to those prevailing in the local area where the work is performed. This only applies to laborers and mechanics. It also allows trainees and apprentices to be paid less than predetermined rates under certain circumstances.
What is the Dodd-Frank Wall St. Reform and consumer protection Act
this affects most parts of the nations financial services industry. President Obama’s Wall Street reform law created an independent agency to set and enforce clear, consistent rules for the financial marketplace. The Consumer Financial Protection Bureau (CFPB) is setting clear rules of the road and will ensure that financial firms are held to high standards. The Dodd-Frank Wall Street Reform and Consumer Protection Act was intended to prevent another financial crisis like the one in 2007–2008. It also gave more rights to whistleblowers to get money from following litigation and extended the time frame they could bring a case against a person/company from 90 days to 180 days.
What is the Economic Growth and Tax Relief Reconcilation Act
This involved modifications to the internal revenue code for adjusting pension vesting schedules, increasing retirement plan limits, and permitting pre-tax catch-up contributions by ppl over the age of 50 in certain plans. Also changing distribution and rollover rules.
Reduced tax rates for every American who pays income taxes, including creating a new 10 percent tax bracket
Doubled the child tax credit to $1,000 by 2010
Reduced the marriage penalty beginning in 2005
Put the death tax on the road to extinction
Increased education tax benefits
Increased limits on IRA and 401(k) contributions and changed limits on defined benefit pension plans – which were made permanent in the Pension Protection Act of 2006
What is the electronic Communications Privacy Act
two pieces of legislation are involved: the Wiretap Act and the Stored Communications Act. They provide rules for access and protection of electronic communication. they provide the possibility of both civil and criminal penalties for violations. They prohibit interception of emails in transmission and access to emails in storage. You must tell people if you are going to record them while they speak or video them.
Describe the employee Polygraph protection act
You couldn’t just give any candidate or employee the polygraph after this law. It was approved if the test is an ongoing investigation of losses suffered by the employer; the tested employee had access to the property in question; the employer had reasonable suspicion of the employee’s involvement; and the employer provided a statement of the basis for the preceding conditions. Many state laws prohibit the use of a polygraph. If the employee changes their mind and doesn’t want to take it they can do this w/o any repercussions.
ERISA–What does it stand for and mean?
Employee Retirement Income Security Act. Once an employer decides to have a pension plan this Act governs how those plans are managed. It sets up minimum standards to ensure that employee benefit plans are maintained in a fair and financially sound manner. It protects employees covered by a pension plan from losses in benefits due to job changes, plant closings, bankruptcies, or mismanagement. It covers most employers involved in interstate commerce. public sector employees and churches are not subject to ERISA. All companies that offer a pension plan must pay into insurance . Another part of ERISA is it sets up minimum vesting schedules or either cliff vesting or graduated vesting. Cliff after the person’s 3rd year working for the company. stair or gradual vesting has to start with at least 20 percent after 2 years; followed by 20% more each year.
What is the equal pay act?
this is an amendment to the FLSA and is enforced by the EEOC. Employers cannot discriminate based on sex by paying wages to employees at a rate less than the rate paid to employees of the opposite sex for equal work o jobs requiring substantially equal skill, effort, and responsibility, and performed under similar working conditions. It does not address “comparable worth”.
what is the FAA modernization and reform act of 2012?
This is to amend the Railway Labor Act to change union certification election processes in the railroad and airline industries and impose greater oversight of the regulatory activities of the National Mediation Board (NMB). This requires the Govt. Accountability Office (GAO) initially evaluates the NMBs certification procedures and then audit the NMBs operations every two years. An act to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2011 through 2014, to streamline programs, create efficiencies, reduce waste, and improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes.
what is the Fair and Accurate Credit Transactions Act?
A written plan to prevent identity theft is required. The employer does not need to get consent from the employee if it involves suspected misconduct, a violation of the law or regs, or a violation of preexisting written employer policies. Consumers may receive a free credit report once a year.
What is the Fair Credit Reporting Act of 1970
The first legislation to regulate the collection, dissemination, and use of consumer info including consumer credit info. the employer must notify an individual in writing if a credit report needs to be used in making an employment decision. employers must also get written authorization from the subject before asking for a credit report.
What is the Fair Labor Standards Act of 1938?
this is a group of federal laws that is the foundation for employee treatment. If is a major influence on how ppl are paid, young people are employed, and records are to be kept on employment issues such as hours of work. It introduced a max 44-hour, 7-day workweek, minimum wage, guaranteed time and a half for overtime, and prohibited most employment of minors in oppressive child labor. It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce. This is the first federal law to require employers to maintain records on employee race and sex identification. The FLS prohibits the shipment of goods in interstate commerce that were produced in violation of the minimum wage, overtime pay, and child labor. Those covered are public agencies; private employers whose annual gross sales exceed $500k; Those operating a hospital or a school for mentally or physically disabled children or gifted children; schools across the board for profit or nonprofit. Those exempt employees are those paid on a salary basis, those engaged in “exempt” duties (executive, administrative, professional, computer, outside sales, and highly compensated. The employee must also earn a min. of $35k a year. Any employee that is nonexempt the employer must keep records of them in detail of their personal info and hours worked/pay.
if you are 16 y/o you can work however many hours per week; there is no limit. Employers have to keep payroll records collective bargaining agreements, sales, and purchase records for at least 3 years. You must post the FEDERAL minimum wage on a poster (regardless if the state min. wage is higher). Workers under 14 y/o are restricted to jobs like newspaper delivery, babysitting, acting. Even if the business is family owned a young person under 14 cannot work in the 17 most hazardous jobs. for workers 14 and 15 y/o all work must be performed outside school hours: can only work 3 hours monday thru fri; can’t work more than 18 hours per week when school is in session; can’t work over 8 hours on the weekends; can’t work before 7 a.m. or after 7 pm on any day except summer vacation. If the employee is under 18 they must get a work permit from their school district. For workers 16-17 there is no limit on hours per week. The workweek starts whenever the employer deems it. Compensating time off instead of overtime pay is only allowed for the public sector. It must be given at the same rate as overtime pay. Enforcement is done by the U.S. Dept. of Labor’s Wage and Hour Division. Employers cannot take action against an employee who filed a claim with the FLSA or else they will face additional penalties. Could be criminal prosecution and fines up to 10k. If they violate it a second time they can go to prison. If overtime violations occur there is a 2-year limit of backpay unless it was a willful violation then it is a 3 year liability.
What is the Foreign Corrupt Practices Act?
prohibits American companies from making bribery payments to foreign officials for the purpose of obtaining or keeping business.
What does HITECH stand for? Also, what does it entail?
Health Information Technology for Economic and Clinical Health Act. Anyone who has custody of PHI send a notification to affected individuals if their personal Health records have been disclosed or the employer believes they have been disclosed to any unauthorized person. This was part of the American Recovery and Reinvestment Act and it made changes to HIPAA . This includes notifying everyone who’s PHI was disclosed w/o authorization.
What does HIPPA stand for and entail?
Health Insurance Portability and Accountability Act. This enables ppl that leave or lose their jobs to obtain health coverage even if they or someone in their family has a serious illness or injury or is pregnant. It also provides privacy requirements related to PHI for individuals as young as 12 y/o. It limits exclusions for preexisting conditions. It allows ppl to change jobs w/o the worry of loss of coverage.
What is the Immigration and Nationality Act (INA)
It addresses employment eligibility and employment verification. It defines the conditions for the temporary and permanent employment of aliens in the U.S.
The Immigration Reform and Control Act of 1986
First law to require new employees to prove both their identity and their right to work in this country. Regulations implementing this slaw created the Form I-9 which must be completed by each new employee and the employer. Make sure you are using the most current version of this form. These documents must be current and not expired. the law prohibits discrimination against job applicants based on national origin or citizen
Why were the IRS Intermediate Sanctions made?
these are guidelines for determining reasonable compensation for executives of nonprofit organizations. These rules allow the IRS to impose penalties when it determines that top officials have received excessive compensation from their org. Intermediate sanctions may be imposed either in addition to or instead of revocation of the exempt status of the org.
What else is the name of the Labor Management Relations Act? What does it entail?
This is also called the Taft-Hartley Act, First legislation that placed controls on unions. It prohibits unfair labor practices by unions and outlaws closed shops where membership is required to keep or get a job. It covers nonmanagement employees in private industry who are not covered by the Railway Labor Act.
What is the Labor Management reporting and Disclosure Act? what is it also called?
Landrum Griffin Act. Procedures for readdressing union problems. Unions must conduct secret elections and the results can be reviewed by the US dept. of Labor. Bill of rights for union members incl. freedom of speech. Members of the communist party and felons cannot hold office.Must report financial info to the dept. of labor.
What is the Mine Safety and Health Act
This gives protection to workers to have PPE and protect against black lung. Employees will be informed of statistics and what dangers lay ahead. Must have a plan set up to deal with any hazards. MSHA enforces standards for ventilation, chemical exposure, noise, forklifts, mine shoring, and more. they have inspectors that conduct on-site audits. they can cite violations $ 1000-a-day penalty.
What is the NLRA
The National Labor Relations Act. This is the “granddaddy” of all labor relation laws in the U.S. It grants employees the right to organize, join unions, and engage in collective bargaining and other “concerted activities”. It set up the Nation Labor Relations Board which helps define fair labor practices. They can accept and investigate complaints of unfair labor practices by management or unions. This law is sometimes called the WAGNER ACT. Employers must bargain in good faith when employees have voted in favor of a union to represent them. Unions must represent all members fairly. The NLRB will oversee elections of unions seeking recognition to represent employees, plus hear and rule on changes in unfair labor practices.
What is the Needlestick Safety and Prevention Act in 2000?
This modified OSHA and introduced requirements for the medical community. This law covers how to handle sharps, and dispose of them, and encourages inventing ways to dispose of sharps safely. They are trying to reduce AIDS/HIV and hepatitis.
What is the Norris-LaGuardia Act?
This was 3 years before the NLRA and when people would strike or boycott the employer would go to a judge and ask for an injunction. Usually, the judge would grant it. This law prohibited “yellow-dog contracts. These were where employees would promise not to join unions. Federal courts were not allowed to issue injunctions of any kind against peaceful strikes, boycotts, or picketing when used by a union in connection w/a labor dispute. Labor dispute meant any disagreement about working conditions.
Describe OSHA, what it stands for and entails.
Occupational Safety and Health Act (1970). Signed by Nixon and it holds employers accountable for providing a safe and healthy working environment. You can download OSHAs posters for free on their website. This law applies to all employers, regardless of size. There are bookkeeping requirements. One is to provide documentation to employees about hazardous materials and how to hand them. If you have 10+ employees you must summarize illnesses and injuries and post this info in a conspicuous place for ppl to view (from 2/1-4/30 during the year). If it’s a serious injury it must be documented and retained for 5 years from date of incident. Other things that are included are periodic safety inspections of the workplace, employee training on safety procedures and expectation, safety data sheets for each chemical used. A last min inspector can show up and you can say I want a warrant beforehand. They have printers in their cars and know which judge will instantly grant them a warrant so maybe this buys you 15-30 min. Incidents that involve death or hospitalization of 3 or more employees must be reported w/in 8 hours. OSHA forbids discrimination against employees who request inspections. OSHA will sometimes do follow ups to make sure changes were made. They will also listen to others and take referrals and consider doing an inspection at a company. Their priorities are as follows: imminent danger, fatalities and catastrophes, workers complaints, referrals, follow-ups, and planned or targeted investigations.
What does OBRA stand for and entail?
Omnibus Budget Reconciliation Act.
The act increased the top federal income tax rate from 31% to 39.6%, increased the corporate income tax rate, raised fuel taxes, and raised various other taxes. The bill also included $255 billion in spending cuts over a five-year period.
