Workplace - U.S. Employment Law 2 Flashcards
Equal Pay Act (EPA)
An amendment to the FLSA, prohibits unequal pay for equal or substantially equal work performed by men and women
Equal Pay Act Definitions
Skills
Effort
Responsibility
Working Conditions
Employee Retirement Income Security Act (ERISA)
Establish uniform minimum standards to ensure that employee retirement plans are set up and maintained in a fair and financially sound manner
ERISA requires that employers comply with a number of requirements in operating their plans; several are noted here:
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
Sarbanes Oxley Act (SOX)
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
SOX Whistleblower Protection
SOX prohibits publicly traded companies from taking any adverse employment action against employees because of protected whistleblowing activities
Lilly Ledbetter Fair Pay Act
Overturned the OG Ledbetter of 2007 court decision–Under the act, the statute of limitations resets as the employer issues each allegedly discriminatory paycheck
Pay was less than that for men doing the same job
Consolidated Omnibus Budget Reconciliation Act (COBRA)
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
COBRA Coverage (Timing)
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
Family Medical Leave Act (FMLA)
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
Reasons FMLA allows EEs to take up to 12 workweeks of unpaid leave:
- Care of child
- Care of the EEs immediate family
- Serious health condition
- Childbirth
- Care for service member
* You can find answers on DOL website for: intermittent, definition of spouse, biological parents, medical certification requirements, etc.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
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
Patient Protection and Affordable Care Act (PPACA)
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.
Cadillac Plan
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.
Occupational Safety and Health Act (OSHA)
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
requires noise levels be no more than 85 dba.
General Duty Clause
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
Key OSHA Standards
Emergency Exit Evacuation Procedures
Occupational Noise Exposure
Maching Guarding
Hazard Comms
Control Hazard Energy
Bloodborne Pathogens
Confined Space Entry
PPE
Process Safety Mgmt
Drug Free Workplace Act
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.
- Developing a policy
- Specify actions taken against violators
- Provide copy of policy and consequences
- Drug free awareness program
National Labor Relations Act and Amendments
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.
NLRB v. Weingarten
The right of a unionized employee to have another person present during certain investigatory interviews.
- When an EE request a union rep, HR must stop until the rep comes
- 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
Lechmere Inc v NLRB
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.
Fair Credit Reporting Act (FCRA)
- Regulates the collection and use the consumer credit information
- Calls for full disclosure of consumer reports
- Individuals can dispute the accuracy, wrongful use, or interpretation of the information
FCRA Provisions
- Written notice and authorization
- Pre adverse action (opinion letteris 5 days)
- Adverse action procedures
- Certifications to credit bureaus
- Penalties
Fair and Accurate Credit Transactions Act (FACTA)
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.
Dodd Frank
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.
Immigration Reform and Control Act (IRCA)
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.
Employee Polygraph Protection Act (EPPA)
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:
- EEs who are reasonably suspected of a workplace incident that results in economic loss
- Prospective EEs of armored card, security alarm, security guard, national security
- Prospective EEs of pharma or other firms authorized to controlled substances
Worker Adjustment and Retraining Notification (WARN)
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)
EEOC Complaint Process
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’
- 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
- 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
- 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
DOL Electronic Guidelines that Employers Should Consider When Opting for an Electronic System:
- Record keeping system must have reasonable controls to ensure the integrity, accuracy, authenticity, and reliability of the records kept in electronic form
- 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
- The electronic records must be able to be readily converted into legible and readable paper copy
- Adequate records mgmt practices must be established and implemented
