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PHR/SPHR Certification Preparation > Legislations, Laws, and Agency Guidelines > Flashcards

Legislations, Laws, and Agency Guidelines Flashcards

1
Q

Prohibits businesses in interstate commerce from contracting, combining, or conspiring to restrain trade; prohibits attempting to monopolize the market in a particular area of business.

A

Sherman Anti-Trust Act (1890)

Module 5

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2
Q

Exempts unions from the Sherman Anti-Trust Act; limits the use of injunctions to stop a strike.

A

Clayton Act (1914)

Module 5

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3
Q

Provides for the right to organize and for majority choice of representatives; covers railroad and airline employees.

A

Railway Labor Act (1926)

Module 5

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4
Q

Requires payment of specified wage rates and employee benefits on federal government contracts for public works construction in excess of $2,000.

A

Davis-Bacon Act (1931)

Modules 2 & 4

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5
Q

Prohibits “yellow-dog” contracts; prohibits injunctions for nonviolent activity of unions (strikes, picketing, and boycotts)

A

Norris-LaGuardia Act (1932)

Module 5

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6
Q

Guarantees employees the right to join unions and bargain collectively; was declared unconstitutional by the Supreme Court in 1935; replaced by the National Labor Relations Act.

A

National Industrial Recovery Act (1933)

Module 5

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7
Q

Precludes a federal contractor or subcontractor from in any way including an employee to give up any part of the compensation to which he or she is entitled under his or her contract of employment.

A

Copeland “Anti-Kickback” Act (1934)

Module 4

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8
Q

Extends the “disclosure” doctrine of investor protection to securities listed and registered for public trading on our nationals securities exchange.

A

Securities and Exchange Act (1934)

Module 4

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9
Q

Provides for the right to organize and for collective bargaining; requires employers to bargain; unions must represent all members equally; covers non-managerial employees in private industry (not already covered by the Railway Labor Act).

A

National Labor Relations Act (NLRA; Wagner Act) (1935)

Module 5

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10
Q

Provides income and health care to retired employees and income to survivors of employees who have died; covers virtually all employers.
Unemployment Insurance was set up as part of this Act.

A

Social Security Act (1935)

Module 4

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11
Q

Guarantees prevailing wages to employees of government contractors with contracts of $10,000 or more.

A

Walsh-Healy Act (Public Contracts Act) (1936)

Modules: 2, 4

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12
Q

Establishes a minimum wage; sets standards for FLSA exemptions; addresses basic overtime pay provisions; controls working hours for children; establishes record-keeping provisions.

A

Fair Labor standards Act (FLSA) (1938)

Modules 2, 4, and 6

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13
Q

Created federal protection for trademarks and service marks.

A

Trademark Act (1946)

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14
Q

Prohibits unfair labor practices of unions; outlaws closed shop; prohibits strikes in national emergencies; requires both parties to bargain in good faith; covers non-managerial employees in private industry (not covered by the Railway Labor Act)

A

Labor-Management Relations Act LMRA
also known as Taft-Hartley Act (1947)

Modules 1 and 5.

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15
Q

Amends the FLSA; defines “hours worked” and describes rules for time worked.

A

Portal-to-Portal Act (1947)

Module 4

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16
Q

Fundamental body of U.S. immigration law. Provisions apply to all employers. Addresses employment eligibility and employment verification; defines the conditions for temporary and permanent employment of aliens in the U.S.

A

Immigration and Nationality Act (INA) 1952

Module 2

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17
Q

Established the U.S. Patent and Trademark Office.

A

U.S. Patent Act (1952)

Module

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18
Q

Outlines procedures for redressing internal union problems; protects the right of union members from corrupt or discriminatory labor unions; covers all labor organizations.

A

Labor-Management Reporting and Disclosure Act (1959)
also known as Landrum-Griffin Act

Module 5

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19
Q

Prohibits unequal pay for males and females with equal skill, effort, and responsibility under similar working conditions, no employers are exampt.

A

Equal Pay Act of 1963 (amendment to FLSA)

Module 2 and 4

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20
Q

Prohibits discrimination or segregation on the basis of race, color, religion, gender, or national origin; establishes the Equal Employment Opportunity Commission; covers employers with 15 or more employees, employment agencies, and labor unions.

A

Civil Rights Act of 1964
amended by Equal Employment Opportunity Act, 1972)

Module

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21
Q

Prohibits discrimination and requires federal contractors and subcontractors to take positive, results-oriented steps to eliminate employment barriers to women and minorities.

A

Executive Order 11246 of 1965

Module 2

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22
Q

Extends prevailing wage rates and benefit requirements to employers providing services under federal government contracts in excess of $2,500.

A

Service Contract Act of 1965

Modules 2 and 4

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23
Q

Prohibits discrimination against persons age 40 and over; identifies compulsory retirement for some workers; covers employers with more than 20 employees.

A

Age Discrimination in Employment Act of 1967 (ADEA)
amended 1978, 1986

Modules 2, 3, and 4

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24
Q

Limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors.

A

Consumer Credit Protection Act of 1968

Module 2

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25
Q

Requires employers to notify an individual in writing if a report may be used; employer must also get person’s written authorization before asking credit bureau for report; protects privacy of background information and ensures that information is accurate.
Dodd-Frank Wall Street Reform and Consumer Protection Act amendment to this act mandates that employers who take adverse action against a prospective or current employee based on information contained in the prospective or current employee’s consumer report will have additional disclosures to make to the affected individuals.

A

Fair Credit Reporting Act of 1970 (FCRA)
amended 2011

Modules 1, 2

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26
Q

Established first national policy for safety and health; delivers standards that employers must meet to guarantee the health and safety of their employees.

A

Occupational Safety and Health Act of 1970 (OSHA)

Module 6

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27
Q

Amends Title VII of Civil Rights Act of 1964; increases enforcement powers of EEOC; adds employees of state and local government and educational institutions.

A

Equal Employment Opportunity Act of 1972 (EEOA)

Module 2

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28
Q

Prohibits discrimination against persons with physical and/or mental disabilities and provides for affirmative action; covers government contractors and federal agencies.

A

Rehabilitation Act of 1973
amended 1980

Module 2

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29
Q

Establishes uniform minimum standards to ensure that employee benefit plans are established and maintained in a fair and financially sound manner; protects employees covered by a pension plan from losses in benefits due to job changes, plant closings, bankruptcies, or mismanagement; covers most interstate employers.

A

Employee Retirement Income Security Act of 1974 (ERISA)

Modules 2, 4

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30
Q

Requires that a government entity obtain a government employee’s signed release before giving information about that individual to someone else.

A

Privacy Act of 1974

Module 1, 2

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31
Q

Prohibits discrimination against certain veterans; covers government contractors with contracts in excess of $25,000.

A

Vietnam Era Veterans Readjustment Assistance Act of 1974
amended by Jobs for Veterans Act (JVA)

Module 2

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32
Q

Requires that federal employee relations legislation enacted by Congress apply to the employees of Congress as well. Congress must comply with 11 different pieces of legislation.

A

Congressional Accountability Act of 1995

Module 2

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33
Q

It protects the civilian employment, reemployment, and retention rights of persons who voluntarily or involuntarily serve or have served in the uniformed services.
Requires that employers continue benefits and counting credited service for retirement plan purposes for employees called up for active duty in the uniformed services of the U.S.

A

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

Module 2

34
Q

What type of penalties or damages an organization may experience that engage in discriminatory practices or violates the major employee rights legislation.

A
  • Prospective pay
  • Back pay
  • Compensation for emotional damage
  • Punitive damages (based on the size of the organization and if the discrimination was determined as intentional)
  • Loss of vendor contracts, government contracts, or other funding sources
  • Actual and hidden costs associated with employee turnover, morale, and loss of productivity and organization’s reputation in the community
35
Q

Defines the protection provided to authors of “original works” to exclude others from printing or otherwise duplicating, distributing, or vending copies off his or her literary, artistic, and other creative expressions, including through the various means of technology.

A

Copyright Act (1976)

Module 3

36
Q

Establishes mandatory mine safety and health standards for underground and surface mines; covers coal, metal, and nonmetal mines.

A

Mine Safety and Health Act (1977)

Module 6

37
Q

Extends collective bargaining rights to federal employees.

A

Civil Service Reform Act of 1978

Module 5

38
Q

Defines pregnancy as a short-term disability and states that employees must receive the same benefits as for any other short-term disability; falls within Title VII prohibition of sexual discrimination; employers with 15 or more employees are covered.

A

Pregnancy Discrimination Act (1978)

Module 2

39
Q

Adds two important sections to the Tax Code relevant to employee benefits: Sections 125 and 401(k)

A

Revenue Act (1978)

Module 4

40
Q

Outlines equal employment opportunity principles to more clearly define adverse impact and test validation assists employers in complying with federal regulations prohibiting discrimination.

A

Uniform Guidelines on Employee Selection Procedures (1978)

Modules 2 and 3

41
Q

Coverage same as the Civil Rights Act of 1964, as amended; defines standards for what constitutes harassment.

A

Guidelines on Sexual Harassment (1980)

Module

42
Q

Provides certain legal protections for spousal beneficiaries of qualified retirement programs.

A

Retirement Equity Act (REA) of 1984

Module 4

43
Q

Amends IRS code and ERISA to require that most employers provide continued group health insurance coverage to terminated or separated employees and family members at group rates (plus administrative costs), paid by employees.

A

Consolidated Omnibus Budget Reconciliation Act (COBRA) (1985)

Modules 2 and 4

44
Q

Makes extensive changes in the tax laws, including reduction in tax brackets and all tax rates for individuals.

A

Tax Reform Act (1986)

Module 4

45
Q

Prohibits discrimination against ob applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employees identity and right to work; requires an I-9 to be completed by the employer and new hire.

A

Immigration Reform and Control Act (IRCA) (1986)

Module 2

46
Q

Sets forth provisions for access, use, disclosure, interception, and privacy protections of electronic communications. Made up of Wiretap Act, which prohibits interception of e-mails in transmission, and Stored Communications Act, which protects e-mail in storage.

A

Electronic Communications Privacy Act (ECPA) (1986)

Module 1

47
Q

Requires federal contractors with contracts of $100,000 or more to follow requirements to certify that they are maintaining a drug-free workplace.

A

Drug-Free Workplace Act of 1988

Modules 1, 2, and 6

48
Q

Generally prevents employers engaged in or affecting interstate commerce from using lie detector tests either for preemployment screening or during the course of employment, with certain exemptions.

A

Employee Polygraph Protection Act (1988)

Module

49
Q

Requires some employers to give at least 60 days’ notice of plant or office closings or mass layoffs; covers employers with 100 or more employees.

A

Worker Adjustment and Retraining Notification (WARN) Act (1988)

Module1 and 2

50
Q

Prohibits discrimination against individuals with disabilities; covers virtually all employers with 15 or more employees.

A

Americans with Disabilities Act (ADA) of 1990

Modules 2, 3, 4, and 6

51
Q

Prohibits discrimination with regard to benefits on the basis of age; covers employers with 20 or more employees; provides terminated employees with time to consider group termination or retirement programs and consult an attorney.

A

Older Worker’s Benefits Protection Act (OWBPA) (1990)

Modules 2, and 4

52
Q

Expands the possible damage awards avaialble to victims of intentional discrimination to include compensator and punitive damages.

A

Civil Rights Act of 1991

Modules 2 and 5

53
Q

Imposes mandatory 20% federal income tax withholding on qualified retirement plan proceeds that a recipient does not roll over into another qualified plan.

A

Unemployment Compensation Amendments (UCA) 1992

Module 4

54
Q

Allows employees to take 12 weeks per year of unpaid leave for birth or adoption of a child or serious health condition of themselves or an immediate family member.
Expended by the National Defense Authorization Act for Fiscal Year 2012; added two new qualifying events; exigency leave and military caregiver leave.

A

Family and Medical Leave Act (FMLA), 1993
expanded 2008, 2010

Modules 2 and 4

55
Q

Reduces compensation limits in qualified retirement programs triggered increased activity in non-qualified retirement programs as well as some plan terminations.

A

Omnibus Budget Reconciliation Act (OBRA) 1993

Module 4

56
Q

Ensures that individuals who leave or lose their jobs can obtain health coverage even if they or someone in their families has a serious illness or injury or is pregnant.

A

Health Insurance Portability and Accountability Act (HIPPA) 1996

Module 4 and 6

57
Q

Requires health insurance issuers and group health plans to adopt the same annual and lifetime limits for mental health benefits as for other medical benefits.

A

Mental Health Parity Act (MHPA) 1996

Module 4

58
Q

Affects employee benefit programs, changes the rules concerning 401(k) and IRA accounts, and provides tax incentives for businesses, along with changes in reporting requirements.

A

Small Business Job Protection Act 1996

Module 4

59
Q

Authorized by the Small Business Job Protection Act of 1996; encourages employers to hire targeted groups of job seekers by reducing employers’s federal tax liability.

A

Work Opportunity Tax Credit (WOTC) 1996

Module 4

60
Q

Prohibits American companies from making corrupt payments to foreign officials for the purpose of obtaining or keeping business.

A

Foreign Corrupt Practices Act (FCPA) 1997

Module 1

61
Q

Created tax-advantaged savings mechanisms, including Roth IRAs and Education IRAs, for individual taxpayers.

A

Taxpayer Relief Act 1997

Module 4

62
Q

Adjusts vesting schedules, increases retirement plan limits, permits catch-up contributions by participants over age 50 in certain plans, and modifies distribution and rollover rules.

A

Economic Growth and Tax Relief Reconciliation Act (EGTRRA) 2001

Module 4

63
Q

Gives federal officials greater authority to take measures to combat terrorism.

A

USA PATRIOT Act 2001

Module 6

64
Q

Requires administrators of defined contribution plans to provide notice of covered blackout periods’ provides whistleblower protection for employees.

A

Sarbanes- Oxley Act (SOX) 2002

Modules 1, 4 and 6

65
Q

Established to secure the United States against terrorist attacks and otehr threats and hazards and ensure safe and secure borders.

A

Homeland Security Act 2002

Module 6

66
Q

Provides guidelines regarding the determination of reasonable compensation for executives of nonprofit organizations; allows the IRS to impose penalties when it determines that top officials have received excessive compensation from their organizations.

A

IRS Intermediate Sanctions 2002

Module 4

67
Q

Provides relief to employers using third parties to conduct workplace investigations; consent and disclosure requirements need no be followed if investigation involves suspected misconduct, a violation of the law or regulations, or a violation of preexisting written policies of the employer.

A

Fair and Accurate Credit Transactions Act (FACT) 2004

Module 2

68
Q

Changes the laws that affect defined benefit and contribution plans, individual retirement accounts, and other issues related to retirement planning.

A

Pension Protection Act (PPA) 2006

Module 4

69
Q

Provides additional FMLA leave for military families, expanding FMLA to include employees caring for an injured service member as well as those who have a family member called to active duty.

A

National Defense Authorization Act 2008

Module

70
Q

Amendments to Americans with Disabilities Act covering mitigating measures and definition of individuals regarded as having a disability.

A

ADA Amendments Act (2008)

Module 2

71
Q

Prohibits discrimination against individuals on the basis of their genetic information in both employment and health care.

A

Genetic Information Nondiscrimination Act (GINA) (2008)

Modules 2, 4, and 6

72
Q

Amends the Mental Health Parity Act f 1996. Requires that plans that offer both medical/surgical benefits and mental health and/or substance use disorder benefits provide parity between both types of benefits with respect to financial requirements (e.g., deductibles, copayments, coinsurance, out-of-pocket expenses, and annual limits) and treatment, number of visits, days of coverage.

A

Mental Health Parity and Addiction Equity Act (MHPAEA) (2008)

Module 4

73
Q

Creates a rilling frame for filing wage discrimination claims; retains the 180-/300-day time frame outlined in the Title VII but allows the clock to renew each time employees receive compensation that is based on a discriminatory decision y the employer.

A

Lilly Ledbetter Fair Pay Act (2009)

Modules 2, 4

74
Q

Includes significant changes to COBRA continuation coverage rules and imposes new requirements regarding HIPAA.

A

American Recover and Reinvestment Act (ARRA) (2009)

Module 4

75
Q

Requires covered entities, business associates, and vendors of personal health records to notify, in the event of a breach of any protected health information, each individual whose protected health information has been disclosed (or is reasonably believed by the covered entity to have been disclosed) without authorization.

A

Health Information Technology for Economic and Clinical Health (HITECH) Act (2009)

Module 4

76
Q

Requires contractors entering into contracts with the federal government to post notices informing employees about their rights under federal labor law and include provisions in their contracts that require their subcontractors to post the same employee notice.

A

Executive Order 13496 (2009)

Module 5

77
Q

Starting in 20014, requires virtually all citizens and legal residents of the U.S. to have “affordable, minimum health coverage” (an exception is made for lower income individuals). Failure to do so results in an excessive tax penalty. Also, mandates that employers with more than 50 employees provide health-care coverage or pay a $2,000 per employee penalty and establishes a broad array of minimum benefit requirements for new plans.

A

Patient Protection and Affordable Care Act (PPACA) (2010)

Module 4 and 6

78
Q

Wide range of mandates for public companies in the financial industry, including non binding vote for shareholders on executive compensation and golden parachutes return of executive compensation based on inaccurate financial statements, ratio of CEO pay to average employee compensation, and financial rewards for whistleblowers.

A

Dodd-Frank Wall Street Reform and Consumer Protection Act (2010)

Modules 1, 2, and4

79
Q

Includes measures that amend the Railway Labor Act to change union certification election processes in the railroad and airline industries and impose greater oversight of the regulatory activities of the Nationals Mediation Board.

A

FAA Modernization and Reform Act (2012)

80
Q

This act establishes the same standard for hostile work environment claims on account of military status as that governing Title VII and other employment discrimination laws.

A

Veterans Opportunity to Work (VOW) to hire Heroes Act amending USERRA.
2011

81
Q

Provides a percentage of recovered damages to anyone who identifies a claim that the federal government may have against a contractor (whistleblower rewards). Dodd-Frank Wall Street Reform and Consumer Protection Act extended this concept to violations of securities laws.

A

False Claim Act (1863)

Module 1

PHR/SPHR Certification Preparation (12 decks)

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