Study Guide Flashcards
Davis Bacon Act
Contractors/subcontractors have to pay prevailing wages to their laborers/mechanics
Consumer Credit Protection Act (1968)
Applies to companies with at least 1 employee
Limits the amount of wages that can be garnished
Creditors can only garnish 25% of disposable wages
Child support up to 50% with dependents 60% without
Student loans up to 15%
Back taxes - employer pays minimum, rest to taxes
Employers cannot retaliate unless you have more than 1 garnishment
Protections decrease once you have 2 or more garnishments
Employee Retirement Income Security Act
Protects employees covered by a pension plan from losses in benefits due to job changes, plant closings, bankruptcies, or mismanagement
Health Insurance Portability and Accountability Act
Individuals who leave/lose their jobs can obtain health coverage even if they or someone in their family has a serious illness/injury or is pregnant
Provides privacy requirements related to medical records
Limits exclusions for preexisting conditions and guarantees renewability of health coverage to employers and employees
Fair Labor Standards Act
Mainly related to how people are paid (min wage/overtime)
Helps determine whether a job is exempt or nonexempt from overtime pay
Requires employers to keep a record of employee information
How much they are paid, as well as basic identifying information
Overtime calculation (1.5x normal pay rate, for all hours worked over 40)
Five main types of exempt status under FLSA
Executive
Administrative
Professional
Computer Systems
Outside Sales
What three standards must an exempt employee meet under FLSA?
Minimum salary
Paid on a salary basis without improper deductions
Perform exempt duties
What is a primary duty according to FLSA
A primary duty is the main or most important duty and is an important part of exemption. Employees who spend more than 50% of their time performing a specific duty will generally satisfy the primary duty requirement
Executive Exemption
Have a primary duty of managing an enterprise, department, or subdivision
Have the authority of the employer to hire and fire
Direct the work of at least two full-time employees or their equivalent
Affect promotion decisions
Administrative Exemption
Requires performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers
Includes the exercise of discretion and independent judgement related to “matters of significance”
Professional Exemptions
Learned Professionals
Requires advanced knowledge in a field of science or learning that
is acquired by prolonged instruction
Work is intellectual in nature and requires exercise of discretion and judgement
Creative Professionals
Must meet minimum salary requirements
Perform work that requires invention, imagination, originality or talent Perform in a recognized field of creative or artistic endeavor
Highly Compensated Exemption
Make an annual salary of $100k or more that includes at least $455 per week paid on a salary or fee basis
Perform one of the duties of an exempt executive, administrative, or professional employee
Computer Employees Exemption
Must meet the salary minimum
Employee’s pay cannot be subject to deductions inconsistent with the salary basis requirement
Primary duties must fall into on of four categories
Application of systems analysis techniques and procedures
Design, development, documentation, etc of computer systems Design, documentation, testing of computer programs related to machine operating systems A combination of these duties
Outside Sales Exemption
Have a primary duty involving making sales or obtaining orders and contracts
Be customarily and regularly engaged away from the employer’s place of business
Outside sales employees are not subject to the minimum salary requirements of other exemptions
Safe Harbor
A safe harbor provision prevents an employer from losing an overtime exemption for improper pay deductions - regardless of the reason for the improper deductions where:
The employer has a clearly communicated policy prohibiting improper pay deductions
Employees are reimbursed for any improper deductions
The company makes a good-faith effort to comply in the future
Compensatory Time
Overtime usually must e paid in cash
Public sector employers may grant compensatory time off
Does not apply to nonexempt private sector employees
Public employees can accumulate comp time
Labor Management Relations Act (LMRA)
AKA Taft Hartley Act
Helps employers
Prohibits unfair labor practices by unions and outlaws closed shops, where union membership is required in order to get and keep a job
National Labor Relations Act (NLRA)
AKA Wagner Act
Helps unions
Provides employees the right to form unions and negotiate wage and hour issues with employers
Grants employees the right to organize, join unions, and engage in collective bargaining and other concerted activities
Protects against unfair labor practices by employers
Landrum-Griffin Act
Helps employees in unions
Protects the rights of union members from corrupt or discriminatory labor unions, and applies to all labor organizations
Taft-Hartley and Landrum Griffin both aim to protect individuals from unions
Norris-LaGuardia Act
Prohibits yellow-dog contracts
Agreements where employees promise employers that they would not join unions
Sherman Anti-Trust Act
Prohibits attempts to restrict competition or fix prices
Prohibits restraint of trade
Wagner-Peyser Act
Assists the unemployed
Provides job seekers with assistance in their job search, and recruitment services for employers
Americans with Disabilities Act
15 or more employees
Employers are required to provide job accommodations for qualified individuals
Job accommodations: If there is no request for accommodation, no action is required by the employer
Prohibits employers from inviting job applicants to identify their 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 employer’s business.
Civil Rights Act (Title VII)
Relates to employment discrimination and cites six protected classes (race, color, religion, national origin, sex, sexual orientation/gender identity)
Drug Free Workplace Act
Only applies to federal contractors and all organizations receiving grants from the federal government.
What is through the Drug-Free Workplace Act?
Under the Drug-Free Workplace Act of 1988, federal workplaces and non-federal workplaces with a federal contract of $100,000 or more or a federal grant in any amount must implement a Drug-Free Workplace Program, which includes drug testing requirements.
Genetic Information Nondiscrimination Act
Prohibits employers from using genetic information to make employment decisions.
Lilly Ledbetter Fair Pay Act
Clock will begin running anew each time an illegal act of discrimination is experienced by an employee
Statute of limitations for filing an equal pay lawsuit prior to the LLFPA was 180 days
New statute of limitations for filing a claim under the Fair Pay Act with the EEOC is two years from the time the discriminatory paycheck was received
Age Discrimination in Employment Act (ADEA)
Prohibits discrimination for employees 40 years old or older
COBRA
Requires employers to offer terminating employees the opportunity to continue their health plan coverage after they leave the company or no longer qualify for benefits
Update general and qualifying event notices
Provide notice within 90 days of employee leaving
Establish reasonable notification procedures and communicate them to alle employees
Provide a notice of unavailability to continuation of coverage within 14 days of the date you are informed of the qualifying event
Notify individuals whose coverage ends before the maximum continuous coverage period allowed
Affirmative Action
Federal contractors are required to have an AA program
Equal employment opportunities and establish outreach programs for minorities and women
Family Medical Leave Act
50 or more employees
Applies to all public schools and agencies, regardless of size
Provides leaves lasting up to 12 weeks in a 12-month period
To qualify, employees must have been employed for at least 12 months, and have at least 1250 hours of service during the 12-month period
Covers childbirth/adoption, care for illchild/spouse/parent, care for employee’s own serious illness
Employee is guaranteed return to work on the same job, same pay, under the same conditions as prior to the leave of absence
Affordable Care Act
Employers must provide full-time employees with iminimum health insurance coverage
Employers with fewer than 25 employees will receive a tax credit if they provide health insurance to their workers
Worker Adjustment and Retraining Notification (WARN)
100 or more full time employees at a single facility
Mass layoff - at least 500 employees laid off from workforce of 500 or more; or when at least 33 percent of the workforce are going to be laid off where there is a total of 50 to 499 workers before the layoff
Requires 60 days advance notice to employees of plant closing or mass layoffs (any employment loss of 50 or more people, excluding part time workers, is considered a trigger event to activate the requirements)
Systems Theory
Systems theory is widely applied in organizational development interventions and is essential to the quality movement. A system ios composed of interacting parts that work together to achieve an objective. A system is intended to absorb inputs, process them, and produce outputs.
Eli Goldratt’s Theory of Constraints
Focused on identifying constraints and eliminating them, thus resulting in continuous improvement
Every organization faces constraints
The greatest constraints come from policies and not from physical entities such as resources or materials
TOC uses five steps to concentrate improvement effects on the components most capable of producing the most positive impact on a system
Six Sigma
Data-driven methodology for eliminating defects
A process must not produce more than 3.4 defects per million opportunities
Total Quality Management (TQM)
TQM is a strategic management system for achieving customer satisfaction that involves all managers and employees, and uses quantitative methods to continuously improve an organization’s processes
Key word is continuous improvement. It highlights the importance of organizational learning
Gantt Chart
A Gantt chart is a graphical depiction of a project schedule. it’s a type of bar chart that shows the start and finish dates of several elements of a proejc that includes resources, milestones, tasks, and dependencies. Mainly used in project management.
Pert Chart
A PERT chart is a project management tool that provides a graphical representation of a proejct’s timeline. It is a visual representation of a series of events that must occur within a project’s timeline.
It uses circles or rectangles called nodes to represent project events or milestones. These nodes are linked by vectors or lines that represent various tasks.
A PERT chart allows managers to evaluate the time and resources necessary to manage a project
The use of a PERT chart is highly subjective, and its success depends on the management’s experience. These charts can include unreliable data or unreasonable estimations for cost or time for this reasons.
Considered preferable to Gantt charts, because they identify task dependencies.
PESTLE Analysis
Method of environmental scanning - used to gather data typically before conducting a business venture such as opening another branch
Political
Economic
Social
Technological
Legal
Environmental
SWOT Analysis
Strengths (internal)
Weaknesses (internal)
Opportunities (external)
Threats (external)
Job Description
A series of statements describing the role, responsibility, duties, and scope of a particular job
Summarizes the most important features of a job
Describes the work that details the required tasks, KSA, responsibilities, and reporting structure
Include the physical requirements of the job for ADA considerations
Include duties that support exempt status
Job Analysis
Determining the level of responsibility embedded in the job and how it impacts the overall organization
Job Analysis Methods
Observation: Works best for short-cycle jobs in production
Interview: Good for professional jobs
Open-ended questionnaire: Good when a large number of jobs must be analyzed and there are insufficient resources to do it.
Highly-structured questionnaire: Defines job with a relatively objective approach, which also enables analysis to be performed using computer models.
Essential Job Functions
Fundamental job-related duties necessary to the position
Essential functions are distinguished from nonessential or marginal functions that are part of the job but are incidental to the purpose and nature of the job
Job Analysis Outcomes
Job Description: Written description and job requirements (title and duties)
Job specification: Written statements of the necessary job qualifications (education and experience)
Job Evaluation
A systemic determination of the relative worth of jobs within the organization and is concerned with the value of a job to the organization. The process establishes a relative worth of jobs by establishing a hierarchy of jobs
Follows job analysis, which focuses on job description and specification
Supports the need for the total rewards system to further the organization’s strategic objectives and is intertwined with the organizatoin’s concern for pay equity
Job Competencies
These represent the KSAs and personal characteristics that work together to produce outstanding performance, they are the critical success factors needed to perform in a job or functional area.
Staffing
Identifies human capital needs
Provides qualified individuals for jobs in the organization
Workforce Planning
Organization analyses its workforce and prepares for future needs
Forecasts future conditions and identifies gaps between current and future staff
Staffing Needs Analysis Process
Supply Analysis
Demand Analysis
Budget Analysis
Strategic Analysis
Trend and Ratio Analysis
The use of statistics to determine whether relationships exist between two variables
Trend Analysis
Plots the number fo employees for the last six years and projects the trend out for two more years.
Organizational Approach to International Business
Ethnocentric
Poly centric
Regio-centric
Geocentric
Ethnocentric
Headquarters maintains tight control over international operations
Polycentric
Each international operation is treated as a distinct national entity
Regio-centric
Operations are managed regionally
Geocentric
Organization is viewed as a single international business rather than a collection of individual headquarters-country and international operations
Reliability
Ability of an instrument to measure with a high degree of consistency
