WP - U.S. Employment Law & Regulations Flashcards
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.
Older Workers Benefit Protection Act (OWBPA)
Employees who are excluded from U.S. Fair Labor Standards Act minimum wage and overtime pay requirements.
Exempt employees
Injury that results from a work-related accident or exposure involving a single incident in the work environment.
Occupational injury
Employees covered under U.S. Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements.
Nonexempt employees
Amends Executive Orders 11478 and 11246 to include gender identity and sexual orientation.
Executive Order 13672
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.
Sarbanes-Oxley Act (SOX)
U.S. acts that expanded FMLA leave for employees with family members who are covered members of the military.
National Defense Authorization Acts (NDAA)
U.S. act that made it unlawful to intercept messages in transmission, access stored information on electronic communication services, or disclose any of this information.
Electronic Communications Privacy Act
Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as adverse impact.
Disparate impact
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.
Bona fide occupational qualification (BFOQ)
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.
Fair and Accurate Credit Transactions Act (FACT Act)
Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth.
National origin
U.S. act that protected and encouraged the growth of the union movement; established workers’ rights to organize and bargain collectively with employers.
National Labor Relations Act (NLRA)
Process by which a retirement benefit becomes nonforfeitable.
Vesting
People who are covered under a particular federal or state antidiscrimination law.
Protected class
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 exceptions.
Employee Polygraph Protection Act (EPPA)
U.S. act that imposed regulations on internal union affairs and the relationship between union officials and union members.
Labor Management Reporting and Disclosure Act (LMRDA)
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.
Worker Adjustment and Retraining Notification (WARN) Act
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.
Patient Protection and Affordable Care Act (PPACA)
Legal doctrine under which a party can be held liable for the wrongful actions of another party.
Vicarious liability
U.S. 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.
McNamara-O’Hara Service Contract Act
U.S. 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.
Defense of Marriage Act (DOMA)
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.
Prudent person rule
U.S. 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.
Davis-Bacon Act
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.
Drug-Free Workplace Act
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.
Comparable worth
First comprehensive U.S. law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin.
Civil Rights Act of 1964
1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.
Lechmere, Inc. v. NLRB
U.S. act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.
Portal-to-Portal Act
U.S. act that imposed several restrictions and requirements on unions.
Labor-Management Relations Act (LMRA)