US Laws and Regulations Flashcards
The Clayton Act (1914)
Prohibits mergers and acquisitions that would lessen competition. Prohibits a single person from being a director of two or more competing corporations. Legalized peaceful strikes, picketing, and boycotting. One or more employees.
The Consumer Credit Protection Act (1968)
Limits the amount of wages that can be garnished, and protects employees from being dismissed due to garnishment. One or more employees.
The Copeland “Anti Kickback Act” (1934)
A federal contractor or subcontractor cannot induce an employee to give up part of their wages for the benefit of having a job. One or more employees.
The Copyright Act (1976)
Protects original works. In 1998 The Extension Act extended to author’s life plus 70 years for general copyrights and to 95 years for works made for hire or before 1978. One or more employees.
The Davis Bacon Act (1931)
Requires contractors and subcontractors on certain federally funded or assisted construction projects over $2000 to pay wages and fringe benefits at least equal to the local area where work is being performed. One or more employees
The Dodd-Frank Wall Street Reform Act
Wide ranging mandates for financial institutions including: nonbinding vote for shareholders on exec comp/golden parachutes/return of exec comp based on inaccurate financial statements, required to report CEO pay compared to avg worker, provision of financial rewards for whistleblowers. One or more employee.
EGTERRA: Economic Growth and Tax Relief Reconciliation Act (2001)
Modifications to the Internal Revenue Code: adjustments to pension vesting schedules, increasing retirement plan limits, permitting pre tax catch up contributions by participants over 50, modification of roll over rules. One or more employee
ECPA: Electronic Communications Privacy Act (1986)
Wiretap Act + Stored Comms Act. Rules for access, use, disclosure, and privacy protections of electronic comms and possibility of civil and criminal penalties for violations. EG: recording employee conversations “This call may be recorded…”, notices of video recording in workplace. One or more employees.
The Employee Polygraph Protection Act (1988)
Prohibits use of lie detectors at work, unless in criminal cases/national security i.e. can’t be for employee conduct. Federal poster requirement. One or more employees.
ERISA: Employee Retirement Income Security Act (1974)
Governs how pension plans are managed. Public sector employers and most churches not covered. One or more employees.
The Equal Pay Act (1963)
Prohibits pay discrimination based on sex. One or more employees.
The FAA Modernization and Reform Act (2012)
Amended the Railway Labor Act to change Union certification election processes in railway and airline industries and provide greater oversight of the regulatory activities of the National Mediation Board. Requires the Government Accountability Office to audit the NMB’s activities every 2 years. One or more employees.
FACT: The Fair and Accurate Credit Transaction Act (2003)
Amendments to the Fair Credit Reporting Act, enhancing the financial privacy of employees and job applicants. Does not apply in cases of employee misconduct, violation of law, or violation of preexisiting employer policies. Lots of protections for identity theft but as it applies to HR it provides certain requirements in 3rd party investigations of employees, also in truncating CC #s. One or more employees.
FLSA: Fair Labor Standards Act (1938)
Employee treatment. How they are paid, the employment of young people, how records are kept (hours worked). No Max hours worked for 16+ employees but has requirements for minors, national min wage, guaranteed time and a half for certain jobs, prohibits oppressive child labor. Must keep records of employees. One or more employees.
FCRA: Fair Credit Reporting Act (1970)
Must disclose if credit report was part of hiring decision, written consent before contacting credit bureau. One or more employees.
