Workplace Domain - US Laws and Regs Flashcards

Question 1

Q

workplace domain

what are the functional areas of workplace domain?

Answer

A

Managing a Global Workforce
Risk Management
Corporate Social Responsibility
U.S. Employment Law & Regulations.

Question 2

Q

workplace domain

what do hr pros need to do/know to be successful in their roles related to workplact domain functional areas?

Answer

A

need to know how to:
* manage a global workforce to achieve organizational objectives

manage organizational risks and threats to the safety and security of employees

*contribute to the well-being and betterment of the community

comply with applicable laws and regulations.

Question 3

Q

what are hr structures that support global work?

Answer

A

immigration and mobility specialists
geographic centers of excellence
global job classifications
international business travel policies

Question 4

Q

workplace knowledge domain

role and impact of immigration specialists

managing a global workforce

Answer

A

Applic**ation Assistance: Help clients complete and submit immigration paperwork accurately to avoid delays.
**
Consultations: Assess clients’ eligibility for various immigration programs and provide tailored advice.

Liaison with Agencies: Communicate with government agencies to track applications and resolve issues.

I**nterview Preparation: Prepare clients for interviews with immigration officials through mock interviews and advice.

Legal Analysis: Interpret immigration laws and policies to provide current and relevant advice.

Relocation Logistics: Manage logistics such as housing, schooling, and essential services for smooth transitions.

**Legal Representation: **Represent clients in immigration-related legal proceedings and advocate for favorable outcomes.

Professional Relationships: Maintain relationships with consulates and embassies to facilitate visa processing and stay updated on policy changes.

Question 5

Q

workplace knowledge domain

role and impact:
geographic centers of excellence

managing a global workforce

Answer

A

specialist domains of HR providing guidance on designing HR practices and processes based on business requirements in a global context

focus: program design

Question 6

Q

workplace knowledge domain

global job classifications

managing a global workforce

Answer

A

International Standard Classification of Occupations (ISCO); facilitates international communication and comparison of occupational data

Question 7

Q

workplace knowledge domain

international business travel policies

managing a global workforce

Answer

A

comprehensive roadmap, empowering employees and mitigating the challenges they might face on the road.

a strategic document that serves as the foundation for a safe, efficient, and cost-effective international business travel program. Here we outline the rules, procedures, and regulations that govern all aspects of employee travel outside of an organization’s home country.

(culture norms, insurance, prepare employees to mitigate risk so they can focus on business at hand)

Organizations by outlining clear procedures for emergencies, visa applications, and cultural awareness training, can send a powerful message that their employees’ well-being is a top priority. This not only boosts morale but also helps attract and retain top talent in an increasingly competitive global market.

https://blog.wegopro.com/corporate-travel-policy-for-international-busin

Question 8

Q

workplace knowledge domain

role of mobility specialists

managing a global workforce

Answer

A

A Global Mobility Specialist manages international employee relocations, handling logistics like visas, housing, and transportation.

They support employees and their families with cultural and language training

manage expatriate compensation, benefits, and tax compliance.

Their role ensures smooth transitions and compliance with legal requirements.

Question 9

Q

workplace knowledge domain

offshoring

managing a global workforce

methods for moving work

Answer

A

**Definition: **Moving business processes or services to a distant country.

Benefits: Cost savings, access to specialized skills, and 24/7 operations due to time zone differences.

Challenges: Potential language and cultural barriers, and less control over operations

Question 10

Q

workplace knowledge domain

nearshoring

managing a global workforce

Answer

A

Definition: Outsourcing tasks to a nearby country, often within the same or a similar time zone.

Benefits: Easier communication, cultural similarities, and reduced travel costs.

**Challenges: **Limited talent pool and potential competition for skilled professionals

Question 11

Q

workplace knowledge domain

Immigration Reform and Control Act of 1986 (IRCA)

US employment law and regulations

employment and authorization to work key concepts

Answer

A

law requring employees to provide identity and right to work in the country

created the Form I-9

Question 12

Q

workplace knowledge domain

what are the rentention requirements of Form I-9

US employment law and regulations

employment and authorization to work key concepts

Answer

A

If an employee worked for less than two years, retain their form for three years after the date you entered in the First Day of Employment field.

If they worked for more than two years, retain their form for one year after the date they stop working for you.

Question 13

Q

workplace knowledge domain

e-verify requirements

US employment law and regulations

employment and authorization to work key concepts

Answer

A

only enter an employee’s info into the system after completion of I-9; continue through onboarding process up to 3 days until they are verified in the system. e-verify must be used for remote I-9 completion

Question 14

Q

workplace knowledge domain

what is a visa

US employment law and regulations

employment and authorization to work key concepts

Answer

A

Temporary Authorization: A visa allows you to enter and stay in the U.S. for a specific period and purpose, such as tourism, study, or temporary work1

Question 15

Q

workplace knowledge domain

2 types of E nonimmigrant visas

US employment law and regulations

employment and authorization to work key concepts

Answer

A

E-1 Treaty traders

E-2 treaty investors

Question 16

Q

workplace knowledge domain

E-1 Treaty traders
(1 type of nonimmigrant visa)

US employment law and regulations

employment and authorization to work key concepts

Answer

A

**E-1 Treaty traders: **
* must be citizen of treaty coutnry

substantial trade primarily w/treaty country;
must have executive, essential or supervisory skills
must intend to leave US when trading is completed

Question 17

Q

workplace knowledge domain

E-2 Treaty investors
(1 type of nonimmigrant visa)

US employment law and regulations

employment and authorization to work key concepts

Answer

A

must be citizen of treaty country
**substantially **invested personally in **bona fide **enterprise (not marginal)
must have executive, essential, supervisory skills
must direct and develop the enterprise
must depart US when investment is concluded

Question 18

Q

workplace knowledge domain

What are H Visas and what types of H Visas are there?

US employment law and regulations

employment and authorization to work key concepts

Answer

A

available to employers and employees for specialized talent or educational requirements. Types are:

*** H1-B **Special occupations and fashion models

* H1-C RN working in health professional shortage area

**H2-A **temporary agricultural workers
**H2-B **temporary non-agricultural workers
**H-3 **nonimmigrant trainee

Question 19

Q

workplace knowledge domain

H1-B Special occupations and fashion models

US employment law and regulations

employment and authorization to work key concepts

Answer

A

bachelor’s or higher degree equivalent required
job must be so complex that it can only be performed be a person with a degree
employer normally requires a degree or its equivalent for the job

Question 20

Q

workplace knowledge domain

H1-C RN working in health professional shortage area

US employment law and regulations

employment and authorization to work key concepts

Answer

A

full unrestricted nursing license required in country where nursing education was obtained
OR
received nursing education in US
US state’s Board of Nursing authorization to practice in US
must have passed exam by Commission on Graduates for Foreign Nursnig Schools (CGFNS) OR
full/unrestricted license to practice as general nurse in state where you will work

Question 21

Q

workplace knowledge domain

H2-A temporary agricultural workers

US employment law and regulations

employment and authorization to work key concepts

Answer

A

employer must show shortage of temporary seasonal work (skill, will, availability)
employer must show that H-2A workers will not adversely affect wages/working conditions of similarly employed US workers

Question 22

Q

workplace knowledge domain

**H2-B **temporary non-agricultural workers

US employment law and regulations

employment and authorization to work key concepts

Answer

A

employer must show shortage of temporary work (skill, will, availability)

employer must show that H-2B workers will not adversely affect wages/working conditions of similarly employed US workers

employer must show that need for worker is temporary, regardless if underlying job can be described as temporary

Question 23

Q

workplace knowledge domain

L1 Intra-company transferee

US employment law and regulations

employment and authorization to work key concepts

Answer

A

org can move employee from another qualifying coutnry into US for temp assignment
managerial or requires specialized knowledge

Question 24

Q

workplace knowledge domain

L1-A Managers and Executives

US employment law and regulations

employment and authorization to work key concepts

Answer

A

intracompany transferees coming to US
managerial or executive capacity
max stay is 7 years

Question 25

Q

workplace knowledge domain

specialized knowledge visa

US employment law and regulations

employment and authorization to work key concepts

Answer

A

someone has expertise that is among small percentage who have risen to the top of their field

represent acheivement in motion pickture, tv productions

achievement in the arts

Question 26

Q

workplace knowledge domain

P Visa categories
(based on athletics or arts)

US employment law and regulations

employment and authorization to work key concepts

Answer

A

P1-A individual athletes or athletic teams
P1-B Entertainment groups
P2 Artist or entertainer under reciprocal exchange program
P2-S Essential Support for P2
P3 Artist or entertainer under a culturally unique program
P3-S Essential supoort for P3

Question 27

Q

workplace knowledge domain

EB employment-based visas
(5 levels that are processed in order of priority before the next level)
About 140k permitted each year

US employment law and regulations

employment and authorization to work key concepts

Answer

A

EB-1 Alien of extraordinary ability
EB-2 Alien of extraordinary ability
EB-3 skilled workers
EB-4 certain special immigrants
EB-5 immigrant investors

Question 28

Q

workplace knowledge domain

EB-1 Alien of extraordinary ability (EA)

28.6% of employment based visas are allotted to this category

US employment law and regulations

employment and authorization to work key concepts

Answer

A

employer must show that alien has EA in sciences, arts, eduation, business or athletics (inter/national acclaim, achievements recognized thru extensive documentation)
ERs must show work to be done in US will continue individual’s area of EA
must show that person’s entry into US will benefit US

Question 29

Q

workplace knowledge domain

EB-2 Alien of extraordinary ability
28.6% of employment based visas are allotted to this category

US employment law and regulations

employment and authorization to work key concepts

Answer

A

applies to any job that requires advanced degrees and EA

Question 30

Q

workplace knowledge domain

EB-3 skilled workers

28.6% of employment based visas are allotted to this category

US employment law and regulations

employment and authorization to work key concepts

Answer

A

professionals and skilled workers who are sponsored by employers in US

Question 31

Q

workplace knowledge domain

EB-4 certain special immigrants

7.1% of employment based visas are allotted to this category

US employment law and regulations

employment and authorization to work key concepts

Answer

A

broadcasters
ministers of religion
employees or former employees of US govt
Iraqi/Afghan interpreters and translators
similar workers

Question 32

Q

workplace knowledge domain

O-1 Alien of EA in arts, science, education, business, athletics

US employment law and regulations

employment and authorization to work key concepts

Answer

A

level of expertise among a small percentage who have risen to the top of their field

represent EA in motion picture, tv or had EA and distinction in the arts

Question 33

Q

workplace knowledge domain

F-1 Student Visa

US employment law and regulations

employment and authorization to work key concepts

Answer

A

You must be enrolled in an “academic” educational program, a language-training program, or a vocational program
Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement
You must be enrolled as a full-time student at the institution
You must be proficient in English or be enrolled in courses leading to English proficiency
You must have sufficient funds available for self-support during the entire proposed course of study
You must maintain a residence abroad which you have no intention of giving up.

https://www.uscis.gov/working-in-the-united-states/students-and-exchange

Question 34

Q

workplace knowledge domain

EB-5 immigrant investors

7.1% of employment based visas are allotted to this category

US employment law and regulations

employment and authorization to work key concepts

Answer

A

people who will create new commercial enterprises in US that will provide job creation

Question 35

Q

workplace knowledge domain

Diff between green card holder and US visa

US employment law and regulations

employment and authorization to work key concepts

Answer

A

green card holders/permanent resident have almost all US citizens’ rights and can work/live anywhere in US (but no right to vote or receive federal funding)

US visa holder isn’t authorized to work in US unless they have a specific type of work visa

Question 36

Q

workplace knowledge domain

green card info

US employment law and regulations

employment and authorization to work key concepts

Answer

A

most valid for 10 years
permanent resident card/alien registration card
indicates lawful permanent resident status
can apply to become a US citizen after 5 years of residency, or three years if married to a US citizen; applications can be submitted
family basd immigration is most common way to obtain a green card (over 600k obtain one this way each year)

Question 37

Q

workplace knowledge domain

employment at will

US employment law and regulations

employment and authorization to work key concepts

Answer

A

all US except Montana

most countries allow employers to only dismiss for cause

At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences.

Question 38

Q

workplace knowledge domain

deferred action for childhood arrivals policy (DACA)

US employment law and regulations

employment and authorization to work key concepts

Answer

A

temporarily delays the deportation of people without documentation who came to the U.S. as children.

https://www.usa.gov/daca

Question 39

Q

workplace knowledge domain

Davis-Bacon Act of 1931

US employment law and regulations

Compensation key concepts

Answer

A

requires sub/contractors on certain federally funded or assisted construction projects over $2000 in US to pay wages and fringe benefits at least equal to those prevailing in local area where work is performed
applies to laborers and mechanics
allows trainees and apprentices to be paid less than predetermined rates under certain circumstances

Question 40

Q

workplace knowledge domain

Walsh-Healy Public Contracts Act of 1936

US employment law and regulations

compensation key concepts

Answer

A

ensure govt paid fair wage to manufacturers and suppliers of goods for fed contracts more than 15k each
OT pay for work done over 8 hours in a day or 40 hours in a week
minimum wage equal to prevailing wage
prohibits employment under age of 16 or convict
defense authorization act (1968) later excluded federal contractors from OT payments in excess of 8 hours a day

Question 41

Q

workplace knowledge domain

Wage-Hour Bill (FLSA)

US employment law and regulations

compensation key concepts

Answer

A

overtime pay
exempt/non-exempt status
minimum wage

Question 42

Q

workplace knowledge domain

Wagner-Connery Wages and Hours Act (FLSA) and amendments

2020 overtime rule

US employment law and regulations

compensation key concepts

Answer

A

commonly known as fair labor standards act
established minimum wage, OT and child labor standards across US
gives employees right to establish labor unions, conduct strikes, negotiate benefits, working conditions, comp
must earn at least $684/week to be exempt and meet duties test

Question 43

Q

workplace knowledge domain

McNamara-O’Hara Service Contract Act of 1965

US employment law and regulations

compensation key concepts

Answer

A

applies to federal sub/contractors
requires payment of prevailing wages and benefit requirements to all employees (enforced by wage and hour division of DOL)
all federal sub/contractors other than consturction services, with contract values over $2,500 are covered
safety and health standards apply (enforced by OSHA)

Question 44

Q

workplace knowledge domain

Equal Pay Act of 1963 (amending FLSA)

US employment law and regulations

compensation key concepts

Answer

A

amendent to FLSA
enforced by EEOC
prohibits on basis of sex by paying wages to employees at a rate less than the rate paid to employees of the opposite sex for equal work on jobs requiring substantially equal skill, effort, and responsibility, and performed under similar working conditions
does not address comparable worth concept

Question 45

Q

workplace knowledge domain

Affordable Care Act’s Break Time for Nursing Mothers (2010)

US employment law and regulations

compensation key concepts

Answer

A

For one year after the child’s birth, covered employees may take reasonable break time “each time such employee has need to express the milk.” An employer may not deny a covered employee a needed break to pump.

If the space is not dedicated to the nursing employee’s use, it must be available when needed by the employee in order to meet the statutory requirement.

amendment to section 7 of FLSA

https://www.dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mothers

Question 46

Q

workplace knowledge domain

Lilly Ledbetter Fair Pay Act of 2009

Ledbetter v Goodyear Tire & Rubber Co. (2007)

US employment law and regulations

compensation key concepts

Answer

A

amends civil rights act of 1964
- the clock begins running anew with each new paycheck for time to file a charge of an illegal act of discrimination experienced by an employee
- her pay was significantly less than that of men doing the same supervisor job. the old law didn’t permit her to succeed in her complaint because she failed to file 20 years earlier on the first occasion of receiving a paycheck for less and it didn’t matter that she didn’t know the pay difference until late in her career
- 180 day statute of limitations for filing an equal-pay lawsit resets with each new paycheck affected by discriminatory action

Question 47

Q

workplace domain

National Labor Relations Act of 1935 (NLRA; Wagner Act; Wagner-Connery Labor Relations Act)

Aka Wagner Act

employee relations key concepts

US employment laws and regulations

Answer

A

grants employees right to organize, join unions, engage in collective bargaining or concerted activities
addresses union and employer obligations in labor relations issues
established NLRB (defines fair labor practices and has power to investigate complaints of unfair labor practices by management or labor unions)

Question 48

Q

workplace domain

key provisions of National Labor Relations Act of 1935

Aka Wagner Act

employee relations key concepts

US employment laws and regulations

Answer

A

right of workers to organize into unions for collective bargaining
employers required to bargain in good faith when employees vote in favor of a union to represent them
unions required to represent members equally
covers nonmanagement employees in private industry who are not already covered by the Railway Labor Act
established NLRB to oversee elections of unions seeking to represent employees and hear and rule on charges of unfair labor practices

Question 49

Q

workplace domain

Labor Management Relations Act of 1947 (LMRA; Taft-Hartley Act)

employee relations key concepts

US employment laws and regulations

Answer

A

first national legislation that placed controls on unions
prohibits unfair labor practices by unions and outlaws closed shops where union membership is required to get and keep a job
ERs can’t form closed-shop agreements with unions
requires both ER and union bargain in good faith and covers nonmanagement employees in proviate industry who are not covered by Railway Labor Act

Question 50

Q

workplace domain

Labor-Management Reporting and
Disclosure Act of 1959 and amendments

aka Landrum-Griffin Act

employee relations key concepts

US employment laws and regulations

Answer

A

procedurs for redressing internal union probs
protects union members from corrupt/discriminatory labor unions
applies to all labor organizations

Question 51

Q

workplace domain

**Special requirements **of the* Labor-Management Reporting and
Disclosure Act of 1959 *and amendments

aka Landrum-Griffin Act

employee relations key concepts

US employment laws and regulations

Answer

A

unions must conduct secret elections; results reviewed by DOL
a bill of rights guarantees union members certain rights, including free speech
convicted felons, communist members can’t hold office
annual financial reporting from unions to DOL required
all unions have fiduciary responsibility in managing union assets and conducting union business
union power to place subordinate organizations in trusteeship is limited
minimum standards for union disciplinary action against its members are provided

Question 52

Q

workplace domain

Electronic Communications Privacy Act (EPCA) of 1986

employee relations key concepts

US employment laws and regulations

Answer

A

Wiretap Act and Stored Communications Act
provide rules for access, use, disclosure, interpretation, privacy protections of electronic comms
prohibit interception of emails in transmission and access to emails in storage
civil and criminal penalties for violations

Question 53

Q

workplace domain

HR implications of the Electronic Communications Privacy Act (EPCA) of 1986

employee relations key concepts

US employment laws and regulations

Answer

A

HR implications have to do w/recording employee conversations
must warn employee to provide notice, which is required by legislation
notices must be provided to anyone subject to observation or recording so that employees have no expectation of privacy during the time they are in the workplace

Question 54

Q

workplace domain

Worker Adjustment
and Retraining Notification Act (WARN) of 1988

employee relations key concepts

US employment laws and regulations

Answer

A

related to downsizing in the private sector
prevents employers from closing without any worker benefits
applies to ERs w/ 100 more full-time workers in a single facility who aggregate at least 4,000 hours per week
must provide 60 day advance notice to employees and public officials of plant closing or mass layoffs
-any employment loss of 50 or more ppl, excluding part-time workers, is considered a trigger event to activate the requirements
local communicty leaders must be informed and invited to participate in process of finding jobs for laid-off workers
ER can pay 60 days separation if it gives no notice to workers who will be terminated

Question 55

Q

workplace domain

Exemptions to
Worker Adjustment
and Retraining Notification Act (WARN) of 1988

employee relations key concepts

US employment laws and regulations

Answer

A

notice not required if terminations result from completion of a contract or project that employees understood would constitute their employment (i.e. term classification)
layoff less than 6 months
state and local govt downsizing
fewer than 50 ppl will be laid off or terminated
if 50 - 499 workers lose their jobs and the number is less than 33% of active workforce at a single site

Question 56

Q

workplace domain

Terms: plant closing and mass layoff
Worker Adjustment
and Retraining Notification Act (WARN) of 1988

employee relations key concepts

US employment laws and regulations

Answer

A

plant closing: permanent or temporary shutdown of single site of employment, or one or more facilities or operating units within a single site of employment
if the shutdown results in employment loss during any 30-day period of 50 or more FTEs
mass layoff: reduction in workforce that is not result of a plant closing and results in employment loss at a single site during any 30-day period when 1) at least 500 employees are to be laid off from a workforce of 500 or more
2) at least 33% FTEs are going to be removed from payroll in layoff w/total of 50 - 499 workers before the layoff

Question 57

Q

workplace domain

Employee Polygraph Protection Act of 1988
(federal poster requirement)

many states also prohibit use of lie detector tests

employee relations key concepts

US employment laws and regulations

Answer

A

employers can’t make job applicants or employees take a polygraph test unless:
- part of ongoing investigation of losses suffered by ER
- tested employee had access to property in question
- ER had reasonable suscpision of EE’s involvement
- ER provides statement of the basis for preceding conditions
- ER can test applicants if its a security firm, manufacturere or distributor of controlled substances
- If an EE agrees to polygraph, they can change mind at any time w/out repercussions

Question 58

Q

workplace domain

NLRB v.
Weingarten (1975)

employee relations key concepts

US employment laws and regulations

Answer

A

Collins was denied union representative (retail clerks union) for theft invesitagion. Collins complained to union organization - filed with NLRB

case significantly strengthened protections for employees in unionized workplaces, ensuring they have support during investigations

Question 59

Q

workplace domain

Lechmere, Inc. v. NLRB (1992)

employee relations key concepts

US employment laws and regulations

Answer

A

Charge was that Lechmere violated NLRA by barring non-employee union organizers from its parking lot.
- admin law judge and NLRB ruled in favor of union organizers. 1st circuit court of appeals affirmed
- **Supreme court ruled in favor of Lechmere stating that **NLRA doesn’t require employers to allow nonemployee union organizers onto private property unless employees are otherwise inaccessible
- Reasoning: NLRA confers rights on employees, not on unions or nonemployee organizers to access private property for organizing purposes, reinforcing property rights of employers

Question 60

Q

workplace domain

Occupational Safety and Health Act of 1970 (applies to all employers)

Job Safety and Health key concepts

US employment laws and regulations

Answer

A

created OSHA within DOL and National Institute of Occupational Safety and Health (NIOSH) within CDC
general duty clause: workplace free from hazards likely to cause death or serious injury
employees must follow safety rules and regulations
notices must be posted and are available to download free of charge

Question 61

Q

workplace domain

Occupational Safety and Health Act of 1970
recordkeeping requirements

Job Safety and Health key concepts

US employment laws and regulations

Answer

A

periodic workplace safety inspections
inury or illness incident reports
annual summary of incidents during previous calendar year
injury and illness prevention program (if required by industry)
employee training on safety procedures
records of training participation
safety data sheets for each chemical used in workplace
post incident report 2/1 - 4/30 each year

Question 62

Q

workplace domain

Occupational Safety and Health Act of 1970
enforcement

Job Safety and Health key concepts

US employment laws and regulations

Answer

A

onsite visits without advance notice (you don’t have to agree unless inspector has a search warrant; if no warrant you can delay process until attorney is present); most have printers with them
onsite inspections or phone/fax investigations: employer has 5 working days to respond with detailed description of inspection filings, corrective action and additional action planned
highly trained compliance officers

Question 63

Q

workplace domain

Occupational Safety and Health Act of 1970
inspection priorities

Job Safety and Health key concepts

US employment laws and regulations

Answer

A

imminent danger: situations where death or serious injury very likely
fatalities and catastrophes: incidents involving death/hospitalization of 3 or more EEs; ERs must report to OSHA w/in 8 hours (call them - 800-321-OSHA)
**Worker complaints: **allegations of OHSA violations, unsafe working conditions
Referrals: fed and local agencies, inidividuals, orgs, media can make referrals to agency
Follow ups: checks for abatement of violations cited during previous inspections
planned or programmed investigations: aimed at high-hazard industries or workplaces that experienced high rates of injuries and illnesses aka targeted investigations.

Question 64

Q

workplace domain

Occupational Safety and Health Act of 1970
2 types of standards

Job Safety and Health key concepts

US employment laws and regulations

Answer

A

normal standards
emergency temporary standards: take effect immediately if workers are in grave danger; posted to Federal Register and serves as proposed permanent standard; final ruling must be made w/in 6 months; may be challenged in appropriate US Court of Appeals

Answer 65

A

applies to federal contractors and orgs that receive grants from federal govt

ensure all employees working on contract are in compliance with its drug free requirements and must have policy that applies to all employees

policy must include consequences of failing a drug test of non-compliance

supercedes local marijuana laws; drug testing not required

Answer 66

A

ensures ppl who leave or lose their jobs can obtain health coverage even if they or someone in family has a serious illness, injury or is pregnant
provides privacy requirements for medical records for ppl as young as 12 years old
limits exclusions for pre-existing conditions and guarantees renewal of health coverage to employers and employees, allowing ppl to change jobs w/out worrying about loss of coverage
restricts ER ability to impose actively-at-work requirements as preconditions for health plan eligibility

Answer 67

A

Scope: unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature; can include offensive remarks about a person’s gender
illegal when it is so frequent or severe that it creates a hostile work environment or adversely affects the victim’s job, such as being fired or demoted

Answer 68

A

1) make a plan. what is the main question the investigator needs to answer?
a) Who will investigate?
b) What evidence needs to be collected?
c) Who will be interviewed?

2)** you may want to bring in an outside investigator to protect credibility** (i.e. work close with the exec team and the accused is an exec; if the accused has any control over HR, then HR is not a neutral, objective investigator).

3) remain neutral and non-emotional in responses.

4)** prepare questions in advance**. Who, what, when, where. were there witnesses? did they talk to family members or friends? ask open-ended questions
a) resist urge to fill silent moments

5) **gather evidence that might support or negate the complaint **- voicemails, texts, emails, photos, timecards, business expense reports, social media posts

6) check past performance evals and prior compliants: is the person making the allegation seeking retribution for poor eval? complaints on the accused? conact former employees if needed; may detect pattern of questionabel behavior

7) Document every step and record who wasn’t available and why; written evidence is discoverable

8) encourage confidentiality: ask interviewees to help with the investigation by keeping confidentiality but don’t mandate it

9) make a decision: can you corroberate details of each person’s details? does person have a reason to lie? refer to EEOC guidelines to determine credibility. Is it more likely than not that the incident occurred?

10) write a report - take as long as it takes to fact find. if allegations are supported, ER should take immediate and appropriate corrective action - range from write up to termination depending on severity, frequency of misconduct. include investigaion process, findings, recommendations and any dsciplinary action imposed and corrective/preventative action

https://www.shrm.org/topics-tools/tools/presentations/sexual-harassment-

Answer 69

A

ER paid insurance that provides **wage repacement and medical care benefits to employees **who suffer work-related injuries or illnesses in return fo rgiving up the employee’s right to sue ER for negligence.

Federal law administered by the states

Other benefits offered:
- death benefits: replace portion of lost family income for eligible family members of employees who die on the job
- burial: pay for som eof deceased employee’s funeral expenses

Answer 70

A

ended segregation in public places
banned employment discrimination

Answer 71

A

Protects 5 protected classes from employment discriminiation: race, color, religion, national origin, sex

Complaints must be filed with EEOC; right to sue letter given to complaining employee to move the case to federal court if ee desires

penalties can result in:
**actual damages **up to 2 years in past and unlimited in future

compensatory damages: pain and suffering caused by illegal discrimination

punitive damages: dollars assesseed by court to punish employer for maltreatment of EE; thought of as making an example

Answer 72

A

affirmative action

federal contractors must implement equal employment opportunity and establish outreach (and recruiting) programs for minorities and women, vets and disabled

OFCCP enforces this EO

Answer 73

A

used to be anyone younger than 40 and older than 70 not covered. amendments made removed the upper limit of 70; except airlines

law bans discrimination on EEs 40 or older. remedies the same as under Civil Rights Act

Answer 74

A

amendment to civil rights act of 1964

extended coverage reducing threshold from 25 to 15 employees
**
EEOC enforces it

Extends to employees of state and local govt

Religious accommodation: requires reasonable accommodation for employees’ religious practices unless doing so would cause an undue hardship

Answer 75

A

created support for states to create vocational rehabilitation programs for disabled

Answer 76

A

requires nondiscrimination and affirmative action in hiring disabled workers by dederal agencies within the executive branch

Answer 77

A

requires nondiscrimination and affirmative action by federal contractors and subcontractors with contracts 10k or more

Answer 78

A

covered veterans include
* disabled vets
* vets who served on active duty in US military during war or campaign or expecition for which campaign badge was awarded
* vets who, while serving active duty - armed forces service medal was awarded (EO 12985)
* recently separated vets (within 36 months of discharge/release from active duty)

requirements apply to federal contractors w/contracts valued at 25k or more regardless of total # employees

**ERs must post job openings with local state employment service **
* jobs that last 3 days or less
* jobs that will be filled by an internal candidate
* jobs that are senior exec positions

Answer 79

A

aims to prevent:
* disparate adverse treatment (purposely treating a protected class differently) and
* adverse or disparate impact - when neutral policies have a statistically adverse impact on specific protected group of people

all steps in a hiring process should be validated. VAlidity of a selection device can be determined thru validity study or applying job analysis to demonstrate specific relaiotinhop bt selection device and job requirements.

Selection devices: written/oral/physical ability test; interview

Answer 80

A

amendment to Title VII to ensure pregnant women are not untreated fairly in the workplace

requires accommodation, guarantees pregnant woman right to return to work to same or simlar job w/same pay following pregnancy disability

Answer 81

A

employers can’t use genetic info to make employment decisions

result of insurance companies using genetic info to determine who would likely have expensive diseases in future

allowed decisions to exclude individuals from hiring or enrollment in insurance plans

protections extend to great-grandparents and adopted children

Answer 82

A

added sexual orientation and gender identity as protected c;ass categories

Answer 83

A

employers with 50 or more employees must comply

Answer 84

A

The suit, filed against 24 named subsidiaries of Verizon Communications, said the company unlawfully denied reasonable accommodations to hundreds of employees and disciplined and/or fired them pursuant to Verizon’s “no fault” attendance plans

largest disability discrimination settlement in a single lawsuit in EEOC history

Verizon failed to provide reasonable accommodations for people with disabilities, such as making an exception to its attendance plans for individuals whose “chargeable absences” were caused by their disabilities

https://www.eeoc.gov/newsroom/verizon-pay-20-million-settle-nationwide-eeoc-disability-suit

Answer 85

A

26 states and NFIB sued over ACA constitutionality:

challenged individual mandate and
medicaid expansion provision

SC found insurance mandate constitutional as a tax

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Workplace Domain - US Laws and Regs Flashcards

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