U.S. Laws and Regulations - 1 or more employees Flashcards
1 or More Employees
This legislation modified the Sherman Anti-Trust Act. Prohibits M&As that would lessen competition (1914).
The Clayton Act
Limits the amount of wages that can garnished by employer - usually 25% max (1968).
The Consumer Credit Protection Act
Precludes a federal contractor/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 (1934).
The Copeland “Anti-Kickback” Act
Protection of original works (1976)
The Copyright Act
Requires contractors/subcontractors on certain federally funded construction projects over $2k in U.S. to pay wages/fringe benefits at least equal to prevailing wages where the work is performed - applies only to laborers & mechanics (1931)
The Davis-Bacon Act
Mandates affecting all federal financial regulatory agencies and financial services industry - nonbinding vote for shareholders on exec compensation, golden parachutes, CEO pay transparency, etc. (2010)
The Dodd-Frank Wall Street Reform and Consumer Protection Act
Modifications for adjusting pension vesting schedules, increasing retirement plan limits, pre-tax catch-up contributions for those over 50 and changing distribution/rollover rules (2001)
The Economic Growth and Tax Relief Reconciliation Act (EGTRRA)
Provides rules for the access, use, disclosure, interpretation, and privacy of electronic communications (i.e. “This call may be monitored…”) (1986)
The Electronic Communications Privacy Act (ECPA)
Prohibits the use of lie detector tests for job applicants and employees of companies engaged in interstate commerce with limited exceptions (1988)
The Employee Polygraph Protection Act
Governs how pension plans are managed once they are established and that they are maintained in a fair manner, minimum vesting schedules req. Protects employee pension losses due to job changes, plant closings, etc. Public Sector/churches exempt (1974)
The Employment Retirement Income Security Act (ERISA)
Prohibits employer discrimination on the basis of sex (1963)
The Equal Pay Act
Amended the Railway Labor Act - includes railroad and airline industries (2012)
The FAA Modernization and Reform Act
Amended the Fair Credit Reporting Act (FCRA) - employers not required to obtain employee consent if investigation involves misconduct (2003)
The Fair and Accurate Credit Transactions Act (FACT)
Regulates the collection, dissemination, and use of consumer information (credit, background). Must notify in writing and receive written authorization if a credit report may be used in making employment decisions (1970)
The Fair Credit Reporting Act (FCRA)
The foundation for employer treatment - pay, hours worked, exempt v non-exempt, recordkeeping, overtime, etc. (1938)
The Fair Labor Standards Act (FLSA)
Prohibits American companies from making bribery payments to foreign officials to obtain or keep business (1997)
The Foreign Corrupt Practices Act (FCPA)
Provides privacy requirements for medical records. Ensures individuals who leave/lose jobs can obtain health coverage even with pre-existing conditions (1996)
The Health Insurance Portability and Accountability Act (HIPAA)
The first law to deal with immigration issues. List “aliens” in 3 categories:
1. Resident or nonresident
2. Immigrant or nonimmigrant
3.Documented and undocumented
(1952)
The Immigration and Nationality Act (INA)
Requires security breach notifications if health records disclosed w/o authorization (2009)
The Health Information Technology for Economic and Clinical Health Act (HITECH)
Requires new employees to prove both identity and right to work in this country. Created Form I-9 (1986)
The Immigration Reform and Control Act (IRCA)
Provides guidelines for determining reasonable compensation for executives of nonprofit organizations (2002)
The IRS Intermediate Sanctions
The first national legislation to place control on unions. Also called the Taft-Hartley Act (1947)
The Labor-Management Relations Act (LMRA)
Outlines procedures for redressing internal union problems. Also called the Landrum-Griffin Act (1959)
The Labor-Management Reporting and Disclosure Act (LMRDA)
Created in response to series of deadly mining accidents. Brought all mining operations under the same DOL jurisdiction (1977)
The Mine Safety and Health Act (MSHA)
Created to a trade association that every business would have to identify with and required a Code of Fair Competition. Declared unconstitutional (1933)
The National Industrial Recovery Act
States that employees have a right to form unions, engage in collective bargaining, and other concerted activities. Established the National Labor Relations Board (NLRB)8 (1935)
The National Labor Relations Act (NLRA)
Introduced new group of requirements to OSHA dealing with needles, puncture devices, knives, etc. - “Sharps” (2000)
The Needlestick Safety and Prevention Act
Prohibited injunctions against boycotts, peaceful strikes, and picketing when used by a union with a labor dispute (1932)
The Norris-LaGuardia Act
Holds employers accountable for providing a safe and healthy working environment and free from recognized hazards (general duty clause) (1970).
The Occupational Safety and Health Act (OSHA)
Reduces compensation limits in qualified retirement programs and triggers increased activity in nonqualified retirement programs. Signed by Bill Clinton (1993)
The Omnibus Budget Reconciliation Act (OBRA)
Requires employers pay a higher premium to the PBGC if their pension plan is underfunded (2006)
The Pension Protection Act (PPA)
Requires all states to establish and maintain a new hire reporting system to help with enforcing child support (1996)
The Personal Responsibility and Work Opportunity Reconciliation Act
Established rules around hours worked and payment to employees who travel before/after their shift (1947)
The Portal-to-Portal Act
Originally made to allow railway unions, expanded to now include airline employees (1926)
The Railway Labor Act
Support for states to create vocational rehab programs (disabled) (1973)
The Rehabilitation Act
Prohibits changes to retirement plan elections, spousal beneficiary designations, and in-service withdrawals w/o spousal consent. Signed by Reagan (1984)
The Retirement Equity Act (REA)
Added Section 125, Cafeteria Benefit Plans, and Section 401(k) and Roth IRA to tax code (1978)
The Revenue Act
Addresses the need for oversight and disclosure of financial information by publicly traded companies (Enron response) (2002)
The Sarbanes-Oxley Act (SOX)
Provides governance for stock trading in the “secondary market” and created the SEC (1934)
The Securities and Exchange Act
Applies to federal contractors/subcontractors offering goods and services to the government with a contract value in excess of $2,500. Calls for payment of prevailing wages and benefit requirements to all employees providing service (except construction services) (1965)
The Service Contract Act
Provided protection against monopolies (1890)
The Sherman Anti-Trust Act
Increased federal minimum wage levels and provided tax incentives to small businesses (1996)
The Small Business Job Protection Act (SBJPA)
Includes social welfare and social insurance programs that help support disabled workers, supported through FICA. Medicare, TANF included (1935)
The Social Security Act
Required all dependent children to have SS#, reduced tax brackets and all tax rates for individuals (1986)
The Tax Reform Act
Created Roth IRAs and Education IRAs to lower tax payments during retirement (1997)
The Taxpayer Relief Act
Created federal protections for trademarks and service marks (symbol, logo, word, etc.) (1946)
The Trademark Act
Established 20% to be withheld from payment of employee savings accounts when leaving employment and not rolling over the funds into another IRA or 401(k) (1992)
The Unemployment Compensation Amendments Act (UCA)
Protects the employment, reemployment, and retention rights of anyone who serves in military/active duty. Requires job be held 5 years (1994)
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
Requires all federal contractors w/ contract value at $25k or more to subject to post their job openings with local state employment service w/ 3 exceptions: jobs that last 3 or less days, jobs to be filled by an internal candidate, and senior exec positions (1974/2008)
The Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) - As amended by The Jobs for Veterans Act
Created a nationwide system of employment offices - Employment Service Offices (1933/1998/2014)
The Wagner-Peyser Act - As amended by the Worforce Investment Act (WIA) and the Workforce Innovation and Opportunity Act (WIOA)
Designed to ensure the government paid a fair wage to manufactures and suppliers of goods for federal government contracts in excess of $15k each. Signed by Roosevelt (1936)
The Walsh-Healey Act (Public Contracts Act)
Provides federal income tax credits to employers who hire from certain target demographics (1996)
The Work Opportunity Tax Credit (WOTC)
Provides for the reporting and disclosure of certain financial transactions and administrative practices of labor organizations and employers to prevent abuses in the administration of trusteeships and provide standards with respect to the elections of officers of labor organizations (1959)
Labor-Management Reporting and Disclosure Act (LMRDA)
There is no limit in the FLSA to the number of hours employees age ___ may work in a workweek.
16 and older
For workers 14 and 15, all work must be performed
outside of school hours. They cannot work more than 3 hours on school days, more than 18 hrs/week during school year or 40 hours/week during the summer.
