ONE or More Employees Flashcards
This legislation modified the Sherman Anti-Trust Act by prohibiting mergers and acquisitions that would lessen competition. It also prohibited a single person from being a director of two or more competing corporations. This act also restricts the use of injunctions against labor and legalized peaceful strikes, picketing, and boycotts.
The Clayton Act (1914)
Congress expressed limits to the amount of wages that can be garnished or withheld at any one week by employer to satisfy creditors. This law also prohibits employee dismissal because of garnishment for any one indebtedness.
The Consumer Credit Protection Act (1968)
This act precludes a federal contractor or subcontrator from inducing an employee to give up any part of his or her waves to the employer for the benefit of having a job
The Copeland “Anti-Kickback” Act (1934)
The act that offers protection of “original works” for authors so others may not print, duplicate, distribute, or sell their work.
The Copyright Act (1976)
This act further extended the copyright protection to the duration of the author’s life plus 70 years for general copyrights and to 95 years for works made for hire and works copyrighted before 1978. If anyone in the organization writes technical instructions, policies and procedures, manuals or even e-mail responses to customer inquiries, it would be a good idea to speak with your attorney and arrange some copyright agreements to clarify whether the employer or the employee who authored those documents will be designated the copyright owner. Written agreements can be helpful in clearing any possible misunderstandings.
The Copyright Term Extension Act (1998)
This law requires contractors and subcontractors on certain federally funded or assisted construction projects worth more than $2,000 in the US to pay wages and fringe benefits at least equal to those prevailing in the local area where the work is performed. This law applies to ONLY laborers and mechanics. It also allows trainees and apprentices to be paid less than the predetermined rates under certain circumstances.
The Davis-Bacon Act (1931)
This law offers a wide range of mandates affecting all federal financial regulatory agencies and almost every part of the nation’s financial services industry. It includes a nonbinding vote for shareholders on executive compensation, golden parachutes, and return of executive compensation based on inaccurate financial statements. Also included are requirements to report chief executive officer (CEO) pay compared to the average employee compensation and provision of financial rewards for whistle-blowers. Watch your federal law resources for updates on regulations implementing changes to this law.
The Dodd-Frank Wall Street Reform and Consumer Protection Act (2010)
Here are the modifications to the Internal Revenue Code that adjust pension vesting schedules, increasing retirement plan limits, permitting pretax catch-up contributions by participants older than 50 in certain plans (which are not tested for discrimination when made available to the entire workforce), and modifying distribution and rollover rules.
The Economic Growth and Tax Relief Reconciliation Act (EGTRRA) (2001)
This is a unique law composed of two pieces of legislation, the Wiretap Act and the Stored Communications Act.
Combined, they provide rules for access, use, disclosure, interpretation and privacy protections of electronic communications and they provide the possibility of both civil and criminal penalties for violations. They prohibit interception of -mails in transmission and access to e-emails in storage. the implications for HR to have to do with recording employee conversations. Warnings such as “This call may be monitored or recorded for quality purposes” are intended to provide the notice required by this legislation. Having cameras in the workplace to record employee or visitor activities also covered, and notices must be given to anyone subject to observation or recording.
Recording without such a notice can be a violation of this act. If employers make observations of employee activities and/or record telephone and other conversations between employees and other and proper notice is given to employees, employers will have no expectation of privacy during this time they are in the workplace.
The Electronic Communications Privacy Act (ECPA) (1986)
Before 1988, it was common for employers to use “lie detectors” as tools in investigation of inappropriate employee behavior. That changed when this act prohibited the use of lie detector tests for job applicants and employees of companies engaged in interstate commerce. Exceptions are made for certain situations, including law enforcement and national security. There is a federal poster requirement. Note: many state laws also prohibit the use of lie detector tests.
The Employee Polygraph Protection Act (1988)
This law doesn’t require employers to establish pension plans but governs how those plans are managed once they have been established. It establishes uniform minimum standards toe 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 closing, bankruptcies, or mismanagement, and protects plan beneficiaries. It covers most employers engaged in interstate commerce. Public-sector employees and many churches are not subject to ERISA. employers that offer retirement plans must also conform with the IRS code in order to receive tax advantages.
The Employee Retirement Income Security Act (ERISA) (1974)
Equal pay requirements apply to all employers. The act is an amendment to the Fair Labor Standards Act (FLSA) and is enforce by the Equal Employment Opportunity Commission (EEOC). It prohibits employers from discriminating on the basis of sex by paying wages to employees at a rate less than the rate paid to employees of the opposite sex for qual work on jobs requiring equal skill, effort and responsibility which are performed under similar working conditions. It does not address the concept of comparable worth.
The Equal Pay Act (an Amendment to the FLSA) (1963)
Congress took these actions in 2012 to 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 National Mediation Board(NMB). This law requires the Government Accountability Office (GAO) initially to evaluate the NMB’s certification procedures and then audit the NMB’s operations every 2 years.
The FAA Modernization and Reform Act (2012)
The financial privacy of employees and job applicants was enhanced in 2003 with these amendments to the Fair Credit Reporting Act, providing for certain requirements in third-party investigations of employee misconduct charges. Employers are released from obligation to disclose requirements and obtain employee consent if the investigation involves suspected misconduct, a violation of the law or regulations, or a violation of preexisting written employer policies. A written plan to prevent identity theft is require.
The Fair and Accurate Credit Transactions Act (FACT) (2003)
This was the first major legislation to regulate the collection, dissemination, and use of consumer information, including consumer credit information. It requires employers to notify any individual in writing if a credit report may be use in making an employment decision. Employers must also get a written authorization from the subject individual before asking a credit bureau for a credit report. This act also protects the privacy of background investigation information and provides methods fo ensuring that information is accurate. Employers who take adverse action against a job applicant or current employee based on information contained in the prospective or current employees consumer repot will have additional disclosures to make to that individual.
The Fair Credit Reporting Act (FCRA) (1970), as Amended in 2011
