SHRM Laws

Question 1

Consumer Credit Protection Act (1968)

Answer 1

• Applies to companies with at least one employee
• Limits the amount of wages that can be garnished
• Creditors can only garnish up to 25% of your disposable wages (after deduction wages)
• Child Support: up to 50% garnishment if you have dependents, 60% if you don’t
• Student loans: up to 15%
• Back taxes: high, employer gives you minimum, the rest goes to the IRS
• Employers cannot retaliate unless you have more than 1 garnishment
• Protections decrease once you have 2 or more garnishment

Question 2

Davis Bacon Act

Answer 2

• Applies to companies with at least one employee
• Require all laborers and mechanics employed by contractors and subcontractors to pay prevailing wages to those employed to do physical/manual labor

Question 3

Employee Retirement Income Security Act of 1974 (ERISA)

Answer 3

• Applies to companies with at least one employee
• Protects employees covered by employer-sponsored retirement plans (pensions, 401ks) from losses in benefits

Question 4

Health Insurance Portability and Accountability Act (HIPAA)

Answer 4

• Applies to companies with at least one employee
• Provides protections for coverage under group health plans that prohibit discrimination against employees and dependents based on their health status
• Individuals who leave/lose their jobs can obtain health coverage even if they or someone in their family has a serious injury/illness or is pregnant
• Provides privacy requirements related to medical records

Question 5

Fair Labor Standards Act (FLSA)

Answer 5

• Applies to companies with at least one employee
• Established minimum wage, overtime pay (one and half times), recordkeeping, youth employment standards

Question 6

FLSA Safe Harbor Policy

Answer 6

• Applies to companies with at least one employee
• Protects against deductions to salaried employees
• Salaried employees must be paid their predetermined amount

Question 7

Compensatory time (comp time)

Answer 7

• Applies to companies with at least one employee
• public sector employers may grant comp time
• does not apply to nonexempt private sector employees
• public employees can accumulate comp time
• Also known as comp time, compensatory time off is an optional way of paying employees who occasionally work overtime. A company with a compensatory time-off policy credits employees in the form of paid time off (PTO) rather than providing time and a half in overtime pay.

Question 8

Labor Management Relations Act (LMRA) or Taft-Hartley Act

Answer 8

• Applies to companies with at least one employee
• Restricts the activities and power of labor unions

Question 9

National Labor Relations Act or Wagner Act (NLRA)

Answer 9

• Applies to companies with at least one employee
• Protects unions
• Gives employees the right to join unions and negotiate wage and hour issues with employers
• Grants employees the right to organize, join unions, and engage in collective bargaining
• Protects against unfair labor practices by employers

Question 10

Landrum-Griffin Act

Answer 10

• Applies to companies with at least one employee
• Helps employees in unions
• Protects the rights of employees in unions from corrupt or discriminatory labor unions
• Promotes democratic procedures within labor organization

Question 11

Norris-LaGuardia Act

Answer 11

• Applies to companies with at least one employee
• Removed legal barriers to labor organization
• Banned yellow dog contracts (contract that employees where made to sign to agree not to join a union)

Question 12

Sherman Anti-trust act

Answer 12

• Applies to companies with at least one employee
• Promote competition and restrict unfair monopolies
• Prohibits: conspiracies (contracts between competitors to fix prices, etc.), monopolization, and exclusive contracts

Question 13

Wagner Peyser act

Answer 13

• Applies to companies with at least one employee
• Provides job seeks with assistance in their job search through a system of public employment offices, now known as Employment Service

Question 14

Americans with Disabilities Act

Answer 14

• Applies to companies with 15 or more employees
• Employers are required to provide accommodations for qualified individuals
• Not required to provide an accommodation if it was not requested
• Prevents employers from asking candidates to self-identify disability status prior to receiving a job offer
• An employer is not required to make an accommodation if it would impose an “undue hardship” on the operation of the business

Question 15

Civil Rights Act (Title VII)

Answer 15

• Applies to companies with 15 or more employees
• Relates to employment discrimination and cites six protected classes: Race, color, national origin, sex, sexual orientation/ gender identity
• Does not cover disability (ADA) or age (ADEA)
• As of 6/15/2020, sexual orientation and gender identity are included as a protected class

Question 16

Drug Free Workplace Act

Answer 16

• Applies to companies with 15 or more employees
• Only applies to federal contractors and all organizations receiving grants from the federal government

Question 17

Genetic Information Non discrimination act (GINA)

Answer 17

• Applies to companies with 15 or more employees
• Prohibits employees from using genetic information to make employment decisions