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SHRM-CP Flashcards > Workplace: U.S. Employment Law and Regulations > Flashcards

Workplace: U.S. Employment Law and Regulations Flashcards

1
Q

U.S. act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.

A

Portal-to-Portal Act

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2
Q

States that a fiduciary of a plan covered by the U.S. Employee Retirement Income Security Act has legal and financial obligations not to take more risks when investing employee benefit program funds than a reasonably knowledgeable, prudent investor would under similar circumstances.

A

Prudent person rule

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3
Q

U.S act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance.

A

Genetic Information Nondiscrimination Act (GINA)

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4
Q

Action of rejecting a bill or statute.

A

Veto

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5
Q

Employees covered under U.S. Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements.

A

Nonexempt employees

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6
Q

Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination.

A

Uniform Guidelines on Employee Selection Procedures

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7
Q

Required for nonexempt workers under U.S. Fair Labor Standards Act at 1.5 times the regular rate of pay for hours over 40 in a workweek.

A

Overtime pay

It is important to recognize that the law says that the employer “shall not permit” employees to work overtime (over 40 hours per workweek) without the payment of an overtime premium. The employer is prevented from using the defense that the employee volunteered to work overtime. As such, employers must be cautious and not allow nonexempt employees to volunteer to work overtime without prior management approval.

*If a nonexempt employee works unauthorized overtime, the employee must be paid for that time and may also be subject to corrective action because the employee did not seek management approval prior to working the overtime hours.

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8
Q

U.S. act that provides individuals and dependents who may lose health-care coverage with opportunity to pay to continue coverage.

A

Consolidated Omnibus Budget Reconciliation Act (COBRA)

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9
Q

U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

A

Burlington Industries, Inc. v. Ellerth

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10
Q

Any fixed, recurring period of 168 consecutive hours (7 days times 24 hours = 168 hours).

A

Workweek

*An employer may have different workweeks for different locations and/or classifications of employees.

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11
Q

Landmark 1975 U.S. labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews.

A

NLRB v. Weingarten

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12
Q

Employees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements.

A

Exempt employees

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13
Q

U.S act that amended Title VII and gave the Equal Employment Opportunity Commission authority to “back up” its administrative findings and conduct its own enforcement litigation.

A

Equal Employment Opportunity Act

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14
Q

U.S. law that requires federal contractors with contracts of $100,000 or more as well as recipients of grants from federal government to certify that they are maintaining a drug-free workplace.

A

Drug-Free Workplace Act

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15
Q

Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class.

A

Disparate treatment

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16
Q

U.S. act that prohibits discrimination against a qualified individual with a disability because of his/her disability.

A

Americans with Disabilities Act (ADA)

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17
Q

U.S. act that imposed several restrictions and requirements on unions.

A

Labor-Management Relations Act (LMRA)

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18
Q

U.S. act that prohibits discrimination in the workplace on the basis of age.

A

Age Discrimination in Employment Act (ADEA)

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19
Q

Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth.

A

National origin

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20
Q

Factor (such as religion, gender, national origin, etc.) that is reasonably necessary, in the normal operations of an organization, to carry out a particular job function.

A

Bona fide occupational qualification (BFOQ)

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21
Q

Amendments to U.S. Americans with Disabilities Act covering the definition of individuals regarded as having a disability, mitigating measures, and other rules to guide the analysis of what constitutes a disability.

A

ADA Amendments Act (ADAAA)

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22
Q

1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.

A

Lechmere, Inc. v. NLRB

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23
Q

Injury that results from a work-related accident or exposure involving a single incident in the work environment.

A

Occupational injury

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24
Q

U.S act that establishes minimum wage, overtime pay, youth employment, and record-keeping standards affecting full- and part-time workers in the private sector and in federal, state, and local governments.

A

Fair Labor Standards Act (FLSA)

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25
Q

U.S. act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

A

Civil Rights Act of 1991

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26
Q

Modification of the U.S. Constitution or a U.S. law.

A

Amendment

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27
Q

U.S. case that set the standard for determining whether discrimination based on disparate impact exists.

A

Griggs v. Duke Power

  • Duke Power historically discriminated against blacks, relegating them to employment in low-level positions and departments. When Duke finally dropped these overt discriminatory practices, they adopted “seemingly neutral” education and test score requirements.

** Griggs claimed that these job requirements were discriminatory because they did not relate to job success and had a negative impact on protected classes. (pg 249)

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28
Q

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as disparate impact.

A

Adverse impact

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29
Q

1971 U.S. case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children.

A

Phillips v. Martin Marietta Corporation

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30
Q

2010 U.S. law that requires virtually all citizens and legal residents to have minimum health coverage and requires employers with more than 50 full-time employees to provide health coverage that meets minimum benefit specifications or pay a penalty.

A

Patient Protection and Affordable Care Act (PPACA)

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31
Q

Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment.

A

Occupational illness

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32
Q

U.S. act that requires some employers to give a minimum of 60 days’ notice if a plant is to close or if mass layoffs will occur.

A

Worker Adjustment and Retraining Notification (WARN) Act

33
Q

U.S. act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services.

A

Uniformed Services Employment and Reemployment Rights Act (USERRA)

34
Q

U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

A

Faragher v. City of Boca Raton

35
Q

U.S. act that protected and encouraged the growth of the union movement; established workers’ rights to organize and bargain collectively with employers.

A

National Labor Relations Act (NLRA)

36
Q

Sexual, romantic, or emotional/spiritual attraction that one feels for persons of the opposite sex or gender, the same sex or gender, or both sexes and more than one gender.

A

Sexual orientation

37
Q

U.S. act that prohibits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring undocumented workers.

A

Immigration Reform and Control Act (IRCA)

38
Q

U.S. act that amended the Age Discrimination in Employment Act to include all employee benefits; also provided standards that an employee’s waiver of the right to sue for age discrimination must meet in order to be upheld by a court.

A

Older Workers Benefit Protection Act (OWBPA)

39
Q

U.S. act that imposed regulations on internal union affairs and the relationship between union officials and union members.

A

Labor Management Reporting and Disclosure Act (LMRDA)

40
Q

U.S. act that requires that all publicly held companies establish internal controls and procedures for financial reporting to reduce the possibility of corporate fraud.

A

Sarbanes-Oxley Act (SOX)

41
Q

First comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin.

A

Civil Rights Act of 1964

42
Q

U.S act that protects privacy of background information and ensures that information supplied is accurate.

A

Fair Credit Reporting Act (FCRA)

43
Q

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior’s sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment.

A

Quid pro quo harassment

44
Q

Individuals who exchange work for wages or salary; in the U.S., workers who are covered by Fair Labor Standards Act regulations as determined by the IRS.

A

Employees

45
Q

U.S. acts that expanded FMLA leave for employees with family members who are covered members of the military.

A

National Defense Authorization Acts (NDAA)

46
Q

Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual’s performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee’s psychological well-being.

A

Hostile environment harassment

47
Q

U.S. act that prevents private employers from requiring applicants or employees to take a polygraph test for preemployment screening or during the course of employment, with certain exemptions.

A

Employee Polygraph Protection Act (EPPA)

48
Q

Concept that jobs filled primarily by women that require skills, effort, responsibility, and working conditions comparable to similar jobs filled primarily by men should have the same classifications and salaries.

A

Comparable worth

49
Q

Physical or mental impairment that substantially limits one’s major life activities.

A

Disability

50
Q

People who are covered under a particular federal or state antidiscrimination law.

A

Protected class

51
Q

Primary job duties that a qualified individual must be able to perform, either with or without accommodation.

A

Essential functions

52
Q

U.S act that frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements of the Fair Credit Reporting Act in certain cases.

A

Fair and Accurate Credit Transactions Act (FACT Act)

53
Q

Type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated.

A

Employment practices liability insurance (EPLI)

54
Q

Legal doctrine under which a party can be held liable for the wrongful actions of another party.

A

Vicarious liability

55
Q

Characteristic of an organization with a strong global image but an equally strong local identity.

A

Glocalization

56
Q

Union employees’ right in U.S. to have a union representative or coworker present during an investigatory interview.

A

Weingarten rights

57
Q

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as adverse impact.

A

Disparate impact

58
Q

U.S. act that established uniform minimum standards to ensure that employee benefit and pension plans are set up and maintained in a fair and financially sound manner.

A

Employee Retirement Income Security Act (ERISA)

59
Q

Modifying job application process, work environment, or circumstances under which job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions.

A

Reasonable accommodation

60
Q

U.S. Supreme Court ruling that Patient Protection and Affordable Care Act requirement that individuals purchase health insurance was constitutional but requirement that states expand Medicaid was not.

A

National Federation of Independent Business v. Sebelius

61
Q

Refers to one’s internal, personal sense of being a man or a woman (or boy or girl), which may or may not be the same as one’s sexual assignment at birth.

A

Gender identity

62
Q

Process by which a retirement benefit becomes nonforfeitable.

A

Vesting

63
Q

U.S act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee.

A

Family and Medical Leave Act (FMLA)

64
Q

U.S. act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.

A

Pregnancy Discrimination Act

65
Q

2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination charges were not filed with the EEOC within the required 180-day time frame.

A

Ledbetter v. Goodyear Tire and Rubber Company

66
Q

Statement in U.S. Occupational Safety and Health Act that requires employers subject to OSHA to provide employees with a safe and healthy work environment.

A

General Duty Clause

67
Q

Proposal presented to a legislative body for possible enactment as a statute.

A

Bill

68
Q

U.S. act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.

A

Lilly Ledbetter Fair Pay Act

69
Q

Rules or orders issued by an administrative agency of government that usually have the force of law.

A

Regulation

70
Q

Self-employed individuals hired on a contract basis for specialized services.

A

Independent contractors

71
Q

Time allowed for the public to express its views and concerns regarding an action of an administrative agency.

A

Public comment period

72
Q

U.S. act that prohibits wage discrimination by requiring equal pay for equal or “substantially equal” work performed by men and women.

A

Equal Pay Act (EPA)

73
Q

U.S. act that established the first national policy for workplace safety and health and continues to deliver standards that employers must meet to guarantee the health and safety of their employees.

A

Occupational Safety and Health (OSH) Act

74
Q
  • Additional Flashcard (from Online Learning System)
    Key Content

A policy that prevents an employer from losing an overtime exemption for improper pay deductions—regardless of the reason for the improper deductions—where the employer:

  • Has a “clearly communicated policy” that prohibits improper pay deductions and includes a complaint mechanism.
  • Reimburses employees for any improper deductions.
  • Makes a good-faith effort to comply in the future.
A

Improper deductions and safe harbor policy

** Note that willful violations of the policy by continuing the improper deductions after receiving employee complaints will remove the employer from safe harbor.

75
Q
  • Additional Flashcard (from Online Learning System)

Those who perform work involving repetitive operations with their hands, physical skill, and energy, for example: Mechanics, plumbers, electricians, maintenance workers, production workers and construction workers.

A

Blue-collar workers

** The DOL has stated that individuals in these positions will not be exempt no matter how highly they are compensated.

76
Q
  • Additional Flashcard (from Online Learning System)

When overtime is not paid in the form of wages, for example, public-sector employers - generally comprising entities of the federal, state, and local governments - who grant time off (“comp” time) instead of wage payments in certain circumstances.

A

Compensatory time (as it applies to overtime).

**The FLSA requires that compensatory time be earned at a rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required.

77
Q
  • Additional Flashcard (from Online Learning System)
    Key Content

Insures payment of certain pension plan benefits in the event that a private-sector defined benefit pension plan lacks sufficient funds to pay the promised benefits.

(i.e. equivalent to insurance for to-be-paid pensions.)

A

Pension Benefit Guaranty Corporation (PBGC)

*It does not insure retirement plans that do not promise specific benefit amounts—defined contribution plans such as profit-sharing or 401(k) plans.

78
Q
  • Additional Flashcard (from Online Learning System)
    Key Content

A period of more than three consecutive business days during which participants or beneficiaries cannot direct the investment of or diversify assets credited to their accounts or obtain loans or distributions, other than certain exceptions specified in ERISA Section 101(i).

A

Blackout period

**Typically occurs when there is a new plan provider or a change in investment options.

Blackout periods may last between two and six weeks.

SHRM-CP Flashcards (25 decks)

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