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SHRM-SCP > Workplace: US Employment Law and Regulation > Flashcards

Workplace: US Employment Law and Regulation Flashcards

1
Q

US 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)

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2
Q

US 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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3
Q

US act the protects privacy of background information and ensures that information supplied is accurate.

A

Fair Credit Reporting Act (FCRA)

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4
Q

Amends executive order 11478 and 11246 to include gender identity and sexual orientation.

A

Executive order 13672

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5
Q

Employees who are excluded from US FLSA minimum wage and overtime pay requirements.

A

Exempt employees

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6
Q

US act that frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements of the FCRA in certain cases.

A

Fair and Accurate Credit Transactions Act (FACT Act)

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7
Q

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

A

Essential functions

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8
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)

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9
Q

US 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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10
Q

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

A

Equal pay act

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11
Q

Principle of employment in the US that employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and that employees have the right to quit a job at any time.

A

Employment at-will

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12
Q

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

A

Employee

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13
Q

US 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)

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14
Q

US 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 exceptions.

A

Employee Polygraph Protection Act (EPPA)

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15
Q

US act that made it unlawful to intercept messages in transmission, access stored information on electronic communication services, or disclose any of this information.

A

Electronic Communications Privacy Act

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16
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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17
Q

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

A

Drug free workplace act

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18
Q

US act that requires certain contractors and subcontractors to pay laborers and mechanics no less than the locally prevailing wages and fringe benefits for corresponding work on federal contracts.

A

Davis-Bacon Act

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19
Q

US act that defined marriage as the union of one man and one woman and permitted states to not recognize same-sex marriages recognized by other states; ruled unconstitutional by the United States Supreme Court.

A

Defense of Marriage Act (DOMA)

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20
Q

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

A

Disability

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21
Q

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

A

Disparate impact

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22
Q

US 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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23
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

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24
Q

US 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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25
Q

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

A

Civil rights act of 1964

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26
Q

US 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)

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27
Q

Process by which a retirement benefit becomes nonforfeitable.

A

Vesting

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28
Q

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

A

Vicarious liability

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29
Q

US act that prohibits discrimination against specified categories of veterans; applies to federal government contractors and subcontractors.

A

Vietnam Era Veteran’s Readjustment Assistance Act (VEVRAA)

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30
Q

US act that establishes a minimum wage, maximum hours, and health and safety standards for contracts to manufacture or furnish materials, articles, or equipment to the US government or the District of Columbia.

A

Walsh-Healey Public Contracts Act

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31
Q

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

A

Weingarten rights

32
Q

US 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

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

A

Workweek

34
Q

Amendments to US 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)

35
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

36
Q

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

A

Age Discrimination in Employment Act (ADEA)

37
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)

38
Q

US 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

39
Q

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

A

Americans with Disabilities Act (ADA)

40
Q

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

A

Sexual orientation

41
Q

US 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)

42
Q

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

A

Uniform Guidelines on Employee Selection Procedures

43
Q

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

A

Reasonable accomodation

44
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 a s a pay increase, a promotion, or continued employment.

A

Quid pro quo harassment

45
Q

States that a fiduciary of a plan covered by the US 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

46
Q

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

A

Protected class

47
Q

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

A

Portal to portal act

48
Q

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

A

Pregnancy discrimination act

49
Q

1971 US 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

50
Q

2010 US 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)

51
Q

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

A

Overtime pay

52
Q

US 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)

53
Q

US 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 Act (OSH)

54
Q

Landmark 1975 US 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

55
Q

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

A

Nonexempt employees

56
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

57
Q

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

A

Occupational injury

58
Q

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

A

National origin

59
Q

US 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)

60
Q

US 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

US 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)

62
Q

US act that imposed several restrictions and requirements on unions.

A

Labor-Management Relations Act (LMRA)

63
Q

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

A

Lechmere, Inc. v. NLRB

64
Q

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

A

National Defense Authorization Act (NDAA)

65
Q

US act that requires contractors and subcontractors on certain contracts to pay service employees in various classes no less than the wage rates and fringe benefits found in the locality or the rates found in the previous contractor’s collective bargaining agreement.

A

McNamara-O’Hara Service Contract Act

66
Q

2007 case in which the US 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

67
Q

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

A

Lily Ledbetter Fair pay act

68
Q

Case that established criteria for disparate treatment.

A

McDonnell Douglas Corp. v. Green

69
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

70
Q

US 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)

71
Q

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

A

Independent contractors

72
Q

US Case that set the standard for determining whether discrimination based on disparate impact exists.

A

Griggs v. Duke Power

73
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

74
Q

Statement in US Occupational Safety and Heath Act that requires employers subject to the act to provide employees with a safe and healthy work environment.

A

General duty clause

75
Q

US 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)

76
Q

US 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

SHRM-SCP (23 decks)

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