U.S. Employment Law & Regulations Flashcards

Question

Americans with Disabilities Act (ADA)

Answer 1

US act that prohibits discrimination against a qualified individual with a disability because of his/her disability

Answer 2

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.

Answer 3

US court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

Answer 4

First comprehensive US law making it unlawful to discriminate on the basis of race, color, religion, sex, or national origin.

Answer 5

US act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial.

Answer 6

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.

Answer 7

US act that provides individuals and dependents who may lose health-care coverage with opportunity to pay to continue coverage.

Answer 8

US 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.

Answer 9

US 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 US Supreme Court

Answer 10

Physical or mental impairment that substantially limits one's major life activities

Answer 11

Type of discrimination that results when a policy that appears to be neutral has a discriminatory effect; also known as adverse impact.

Answer 12

Type of discrimination that occurs when an applicant or employee is treated differently because of his or her membership in a protected class.

Answer 13

US law that requires federal contractors with contracts of $100,000 or more as well as recipient of grants from federal government to certify that they are maintaining a drug-free workplace.

Answer 14

US act that made it unlawful to intercept messages in transmission, access stored information on electronic communication services, or disclose any of this information.

Answer 15

US 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.

Answer 16

US act that established uniform minimum standards to ensure that employee benefit and pension plans are set up and maintained in a fair and financially sound manner.

Answer 17

Individuals who exchange work for wages or salary; in the US, workers who are covered by FLSA regulations as determined by the IRS.

Answer 18

Principle of employment in the US that employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and that employees have the right to quite a job at any time.

Answer 19

Type of liability insurance covering an organization against claims by employees, former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated.

Answer 20

US act that amended Title VII and gave the Equal Employment Opportunity Commission authority to "back up" its administrative findings and conduct its own enforcement litigation.

Answer 21

US act that prohibits wage discrimination by requiring equal pay for equal or "substantially equal" work performed by men and women.

Answer 22

Primary job duties that a qualified individual must be able to perform, either with or without accommodation.

Answer 23

Amends Executive Orders 11478 and 11246 to include gender identity and sexual orientation

Answer 24

Employees who are excluded from US Fair Labor Standards Act minimum wage and overtime pay requirements

Answer 25

US act that frees employers who use third parties to conduct workplace investigations from the consent and disclosure requirements of the Fair Credit Report Act in certain cases.

Answer 26

US act that protects privacy of background information and ensures that information supplied is accurate.

Answer 27

U.S act that establishes minimum wage, overtime pay, youth employment, and record-keeping standards affecting full- and part-time workers in the private sector and in federal, state, and local governments.

Answer 28

U.S. act that provides employees with up to 12 weeks of unpaid leave to care for family members or because of a serious health condition of the employee.

Answer 29

U.S. court ruling that distinguished between supervisor harassment that results in tangible employment action and supervisor harassment that does not.

Answer 30

Refers to one’s internal, personal sense of being a man or a woman (or boy or girl), which may or may not be the same as one’s sexual assignment at birth.

Answer 31

Statement in U.S. Occupational Safety and Health Act that requires employers subject to the act to provide employees with a safe and healthy work environment

Answer 32

U.S act that prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance

Answer 33

U.S. case that set the standard for determining whether discrimination based on disparate impact exists.

Answer 34

Occurs when sexual or other discriminatory conduct is so severe and pervasive that it interferes with an individual’s performance; creates an intimidating, threatening, or humiliating work environment; or perpetuates a situation that affects the employee’s psychological well-being.

Answer 35

U.S. act that prohibits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring undocumented workers.

Answer 36

Self-employed individuals hired on a contract basis for specialized services.

Answer 37

U.S. act that imposed regulations on internal union affairs and the relationship between union officials and union members.

Answer 38

U.S. act that imposed several restrictions and requirements on unions.

Answer 39

1992 case in which the U.S. Supreme Court ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property.

Answer 40

2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination charges were not filed with the EEOC within the required 180-day time frame.

Answer 41

U.S. act that creates a rolling time frame for filing wage discrimination claims and expands plaintiff field beyond employee who was discriminated against.

Answer 42

Case that established criteria for disparate treatment

Answer 43

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.

Answer 44

U.S. acts that expanded FMLA leave for employees with family members who are covered members of the military

Answer 45

U.S. Supreme Court ruling that Patient Protection and Affordable Care Act requirement that individuals purchase health insurance was constitutional but requirement that states expand Medicaid was not.

Answer 46

U.S. act that protected and encouraged the growth of the union movement; established workers’ rights to organize and bargain collectively with employers.

Answer 47

Refers to the country (including those that no longer exist) of one’s birth or of one’s ancestors’ birth.

Answer 48

Landmark 1975 U.S. labor relations case that dealt with the right of a unionized employee to have another person present during certain investigatory interviews.

Answer 49

Employees covered under U.S. Fair Labor Standards Act regulations, including minimum wage and overtime pay requirements.

Answer 50

Medical condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment.

Answer 51

Injury that results from a work-related accident or exposure involving a single incident in the work environment.

Answer 52

U.S. act that established the first national policy for workplace safety and health and continues to deliver standards that employers must meet to guarantee the health and safety of their employees.

Answer 53

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.

Answer 54

Required for nonexempt workers under U.S. Fair Labor Standards Act at 1.5 times the regular rate of pay for hours over 40 in a workweek.

Answer 55

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

Answer 56

1971 U.S. case that stated that an employer may not, in the absence of business necessity, refuse to hire women with preschool-aged children while hiring men with such children.

Answer 57

U.S. act that defines what is included as hours worked and is therefore compensable and a factor in calculating overtime.

Answer 58

U.S. act that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.

Answer 59

People who are covered under a particular federal or state antidiscrimination law.

Answer 60

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.

Answer 61

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a superior’s sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment.

Answer 62

Modifying a job application process, a work environment, or the circumstances under which a job is performed to enable a qualified individual with a disability to be considered for the job and perform its essential functions.

Answer 63

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.

Answer 64

Sexual, romantic, or emotional/spiritual attraction that one feels for persons of the opposite sex or gender, the same sex or gender, or both sexes and more than one gender

Answer 65

Procedural document designed to assist employers in complying with federal regulations prohibiting discrimination.

Answer 66

U.S. act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services.

Answer 67

Process by which a retirement benefit becomes nonforfeitable.

Answer 68

Legal doctrine under which a party can be held liable for the wrongful actions of another party.

Answer 69

U.S. act that prohibits discrimination against specified categories of veterans; applies to federal government contractors and subcontractors.

Answer 70

U.S. act that establishes a minimum wage, maximum hours, and health and safety standards for contracts to manufacture or furnish materials, articles, or equipment to the U.S. government or the District of Columbia.

Answer 71

Union employees’ right in U.S. to have a union representative or coworker present during an investigatory interview

Answer 72

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.

Answer 73

Any fixed, recurring period of 168 consecutive hours (7 days times 24 hours = 168 hours).

Answer 74

US Citizenship and Immigration Services, a special branch of the Department of Homeland Security

Answer 75

F-1 Thee visas are reserved for full-time university, college, high school, or elementary students who study at a school approved by the USCIS. Generally, prior to graduationsstudents must not accept employment, except for on-campus employment and employment directly related to their curriculum

Answer 76

J-1. J-1 visas apply to aliens in government-approved exchange visitor programs. These visas are managed by the Department of State.

Answer 77

TN visas are available only to citizens of Canada and Mexico whose occupations appear on a NAFTA schedule and who have the necessary education or experience.

Answer 78

O visas are temporary visas available for persons of extraordinary ability in the arts, sciences, education, business, or athletics that has been demonstrated by sustained national or international acclaim.

Answer 79

Q visas are used by cultural exchange visitors who come to the U.S. to work temporarily.

Answer 80

False, the US employer must petition for entry of the employee. H-1B petitions are submitted by employers based on their need for a non-US resident employee in a professional-level position that requires at least a bachelor's degree or equivalent

Answer 81

To pay the H-1B worker at least the higher of the wage paid to similar workers in the same organization or the "prevailing wage" (as determined by US department of Labor) for the occupation in the are in which the worker will be employed. To ensure that the recruitment of the H-1B nonimmigrant will not adversely affect the conditions of the employer's US-resident employees in similar jobs To ensure that there is no strike or lockout occurring at the time the LCA is submitted and that the approved LCA will not be used to support petitions for H-1B aliens to be employed at the site of any subsequent strike or lockout To give the H-1B worker and the bargaining representative of employees in similar occupations a copy of the LCA form. (If there is no bargaining representative, the LCA must be posted in two conspicuous locations for at least ten days in the location in which the H-1B alien will be working). To maintain records of the LCA and the H-1B alien's employment for inspection by the US department of Labor LCA = Labor Condition Application

Answer 82

H-1B nonimmigrants may be admitted for a period of up to three years. The time period may be extended but generally cannot go beyond a total of six years.

Answer 83

- Written notice and authorization - An employer must clearly and conspicuously notify the individual in writing, in a document consisting solely of that notice, that a report may be used. The notice cannot be incorporated into an employment application. With limited exceptions, the employer must also get the person’s written authorization before asking a CRA for a report. - Pre-adverse action - If an employer decides not to hire an applicant or to take some other adverse action with regard to a current employee based in whole or in part on the consumer report, the applicant or employee must be provided with a copy of the report and given “a reasonable period of time” to present evidence challenging the information contained in the report. - Adverse action procedures - After the employer has taken adverse action based in whole or in part on the consumer report (as well as any information that the individual submitted in response to the pre-adverse action notice), the employer must give the applicant or employee notice that such action has been taken. FCRA provisions stipulate several inclusion requirements regarding this notification. - Certifications to credit bureaus - Credit bureaus will require employers to certify that they are in compliance with the FCRA and that they will not misuse any information in the report in violation of federal or state laws. - Penalties - Plaintiffs who prove willful noncompliance with the act can recover actual damages (between $100 and $1,000), punitive damages, and costs— including attorneys’ fees. Negligent noncompliance subjects an employer to actual damages, costs, and attorneys’ fees.

Answer 84

It amended the FCRA in 2011. Employers who take adverse action against a prospective or current employee or an independent contractor based on information contained in the individual's consumer report have additional disclosures to make to the affected individual. Whenever any adverse action is taken against an individual, either partly or wholly because of information contained in a consumer report, the employer must provide the individual with oral, written, or electronic notice of the adverse action as well as specific credit score information used and the name of the consumer reporting agency or person that furnished the credit score

Answer 85

As a general rule, a claim under Title VII of the 1964 Civil Rights Act must be filed within 180 days after the commission of the alleged discriminatory practice. However, an exception to the 180-day rule is provided in states and localities that have their own agencies that process and/or investigate charges of discrimination.W

Answer 86

A protected activity includes actions such as filing a complaint, threatening to file a complaint, refusing to obey an order that can be reasonably believed to be discriminatory or unsafe, engaging in concerted activity with other employees to obtain changes in employment terms or conditions, or picketing to protest the terms and/or conditions of employment.

Answer 87

Acts of retaliation can be any adverse employment action that is taken because of the employee’s engagement in a protected activity, including: Firing, demoting, or disciplining the employee or treating the employee in a discriminatory manner. Threatening action against the employee. Criticizing the employee. Discussing the complaint with the employee. Discussing the complaint and the employee with any external parties. Discussing the complaint and the employee with any internal parties that do not have a business “need to know.”

Answer 88

Most private employers and state and local governments that have 15 or more employees Educational institutions Federal government agencies Public and private employment agencies Labor unions with 15 or more members Joint (labor-management) committees for apprenticeships and training.

Answer 89

gave the EEOC authority to “back up” its administrative findings and conduct its own enforcement litigation. Expanded Title VII coverage to include educational institutions, state and local governments, federal executive agencies, and defined units of the other branches Reduced the number of employees needed for a private employer to be covered by the act (from 25 to 15). Expanded the period of time charging parties have to file their charges with the commission (180 or 300 days rather than 90 or 210 days). Expanded the period of time charging parties have (90 days rather than 30 days) to file a lawsuit after the EEOC has informed them that it is no longer working on their charge (allowing charging parties a better chance to find a lawyer if they wish to pursue their charges in court).

Answer 90

Analyze the data more rigorously to determine whether there is in fact adverse impact. This may include both statistical and practical analyses. Use another procedure that has been demonstrated to have lesser adverse impact. Modify the procedure to eliminate adverse impact. Validate the job-relatedness of the selection procedure (using, for example, validation studies, detailed records, and fact finding about alternatives with less adverse impact). Justify the procedure as a business necessity.

Answer 91

If age is a bona fide occupational qualification The employer is adhering to a genuine seniority or benefit plan The employer is disciplining or firing a person for reasonable factors other than age. The employee is a top executive or policy maker.

Answer 92

The term "substantially limits" is to be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the ADA. An impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people. An impairment does not need to prevent or significantly restrict a major life activity to be considered "substantially limiting." However, not every impairment will constitute a disability. The determination of disability should not require extensive analysis Determining whether an impairment substantially limits a major life activity requires an individualized assessment that is simple and straightforward. The comparison of an individual's performance of a major life activity to that of most people usually will not require scientific, medical, or statistical analysis. However, nothing prohibits the presentation of scientific, medical, or statistical evidence to make such a comparison where appropriate. With one exception (eyeglasses or contact lenses), the determination of whether an individual has a disability shall be made without regard to the ameliorative effects of mitigating measures. In other words, employees will be evaluated without regard to the hearing aids, medication, prosthetic devices, and other measures they use to manage their impairments. Impairments that are episodic (such as epilepsy) or in remission (such as cancer) are disabilities if they would substantially limit a major life activity when active. An impairment that substantially limits one major life activity need not substantially limit other major life activities to be considered a substantially limiting impairment. While there is no minimum duration in determining whether an impairment substantially limits a major life activity, disabilities under the ADA must be conditions that are not both transitory and minor. Thus, impairments that last only a short period of time may be covered if sufficiently severe. conversely, those that are minor but last longer than six months, for example, may also be a covered disability.

Answer 93

When enduring offensive conduct becomes a condition of continued employment. When the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive When an individual is harassed in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit.

Answer 94

The program should Be in writing Define what constitutes harassment and declare that it will not be tolerated Establish a complaint procedure that encourages employees to come forward. Involved training and education programs to focus on the specific culture and needs of a particular workplace Provide workplace civility and bystander intervention training Include a prompt and thorough investigation of every complaint and ensure that employees have confidence in the process Provide for an investigation that results in corrective action if it is determined that unlawful harassment has occurred. Use a variety of methods to communicate the policy to management and employees. include concrete examples of inappropriate behaviors.

Answer 95

Behavioral Control Financial control Relationship of the parties

Answer 96

Facts that show whether the organization has a right to direct and control how the worker does the task for which the worker is hired; include type and degree

Answer 97

Facts that show whether the organization has a right to control the business aspects of the worker's job.

Answer 98

Facts that show the parties' type of relationship

Answer 99

Short-notice deployment Military events and related activities Child-care and school activities Financial and legal arrangements Counseling; rest and recuperation Post-deployment activities Additional activities agreed to by the employer and the employee

Answer 100

The employer failed to keep the workplace free of a hazard The hazard was recognized either by the cited employer individually or by the employer's industry generally The recognized hazard was causing or was likely to cause death or serious physical harm. There was a feasible means available that would eliminate or materially reduce the hazard.

Answer 101

Log of work related injuries and illnesses

Answer 102

Summary of work-related injuries and illnesses

Answer 103

Injury and Illnesses Incident Report

Answer 104

Developing a policy that prohibits the unlawful manufacturing, distribution, possession, or use of a controlled substance in the workplace. Specifying the actions that will be taken against those who violate the policy. Providing a copy of the policy and the consequences of violating the policy to employees, including employees having to inform the employer within five days if they are convicted of a criminal drug offense occurring in the workplace. Establishing a drug-awareness program that informs employees about the dangers of drug use in the workplace, the availability of drug treatment and counseling, and the employer's drug-free policy and penalties for drug violations.

Answer 105

Wagner Act of the Wagner-Connery Act

Answer 106

Taft-Hartley Act

Answer 107

Landrum-Griffin Act

Answer 108

Faltering company - this exception covers certain situations where an organization has actively sought new capital or business in order to stay open and where giving notice would ruin the opportunity to get new capital or business. The faltering company exception is narrowly construed and applies only to plant closings. Unforeseeable business circumstances - This exception applies to closings and layoffs that were sudden and were not reasonably foreseeable at the time notice would otherwise have been required (such as the sudden and unpredicted loss of a key business client that severely impacts the organization's financial stability) Natural disaster - this exception applies where a closing or layoff is the direct result of a natural disaster, such as a flood, earthquake, drought, or storm.

Answer 109

A. The male employee may file a lawsuit against the employer. If the EEOC does not find reaosnable cause, the complainant is notified of the finding and of a right to sue the employer the EEOC's involvement ends here.

Answer 110

Researching what laws apply, the records required, and the retention period. HR must first identify its obligations (and risks) by defining the laws under which the employer is covered, what documents are required, and how long they must be retained. Establishing a framework and auditing practices cannot be performed until the requirements are identified. Documenting efforts and securing documents require attention but are later steps.

Answer 111

90 days. Employees can expect OSHA to complete investigations of employer discrimination within 90 days.

Answer 112

Department of Labor's "Final Rules" To follow specified protocols, employers may use guidelines that the Department of Labor has published called "Final Rules Relating to Use of Electronic Communication and Recordkeeping Technologies by Employee Pension and Welfare Benefit Plans," shortened to "Final Rules." OSHA Form 300A is used to report workplace injuries and illnesses. The other options do not exist.

Answer 113

GINA The Genetic Information Nondiscrimination Act (GINA) makes it unlawful to discriminate against an employee based on genetics. The other three answer choices do not deal with discrimination based on medical conditions.

Answer 114

Phillips v. Martin Marietta Corporation In Phillips v. Martin Marietta Corporation, the U.S. Supreme Court ruled unanimously that it is contrary to Title VII for a company to refuse to hire a woman because she has preschool-aged children when it does not impose a similar restriction on men.

Answer 115

Security guard contractors must be paid at least time and a half for all hours worked over 40 hours during a workweek. The U.S. McNamara-O’Hara Service Contract Act of 1965 requires contractors and subcontractors on prime contracts in excess of $100,000 to pay laborers and mechanics, including guards, at least time and a half for all hours worked during a workweek by the contractor or subcontractor.

Answer 116

When a manager asks only female applicants questions about child care Disparate treatment discrimination occurs when employees in protected classes are intentionally treated differently from other employees or are evaluated by different standards. Examples include a manager who automatically rejects Mexican-American applicants on the grounds that they might be illegal aliens and having different entry requirements for women than for men.

Answer 117

Union representative adding information supporting the employee's case The union representative must be allowed to add information supporting the employee’s case at the end of the interview. The employer is not required to bargain with the representative during an investigative interview. The union representative cannot tell the employee what to say during the interview. The employee may be prohibited from bringing an attorney or a relative to the interview.

Answer 118

Apply to OSHA for a temporary variance from the standard due to the unavailability of required equipment. Employers may apply for a temporary variance from a standard due to the unavailability of materials, equipment, or personnel needed to make necessary changes. This would potentially allow the organization to avoid postponing the opening of the new factory, and it does not carry the risk of penalties due to noncompliance with OSHA standards. Permanent variances are allowable where an employer can furnish proof that the facilities or the method of operation provides employee protection at least as effective as that required by the standard.

Answer 119

21 years of age working at least 12 months The minimum eligibility requirement under ERISA is the attainment of 21 years of age and 12 months of service. An employer can lower the requirement (for example, to 19 years of age or ten months of service), but it cannot raise the minimum.

Answer 120

Overtime pay Commonly referred to as the Wage and Hour Law, the FLSA governs employee status, overtime pay, and minimum wage. Employee benefits, sales commissions, and equal pay are not governed by the FLSA.

Answer 121

NLRB The National Labor Relations Board (NLRB) investigates possible employee rights violations by employers or unions. WARN, the Worker Adjustment and Retraining Notification Act, is a piece of legislation, not an agency. The Equal Employment Opportunity Commission (EEOC) is an agency, but it investigates possible violations of antidiscrimination laws. The Occupational Safety and Health Administration (OSHA) investigates possible occupational safety and health violations.

Answer 122

Common Law Common law is the source of law that establishes legal precedent. The other responses also offer legal protection but are not derived from court decisions.

Answer 123

Report an occupational injury to OSHA within 24 hours of learning about the event. A fracture is an occupational injury, and OSHA requires that occupational injuries be reported within 24 hours of learning about the event. Although the event occurred off-site, it was a company-sponsored outing and the person was there in his role as an employee; therefore, it is considered an extension of the traditional workplace.

Answer 124

Notes from interviews done at the attorneys request Attorney work product includes reports and notes from investigations and interviews done at the attorney’s request. Attorney work product is not subject to discovery (disclosure to the other side in a complaint). Conversations are not work product but are covered under attorney-client privilege and are excluded from disclosure. Preexisting materials identified and preserved as the result of an attorney request for litigation hold are discoverable.

Answer 125

The federal contractor was involved in national security. Federal contractors working on national security and counterintelligence are exempt from the EPPA. Policy violation, reasonable suspicion, and not receiving an EEOC claim are not reasons for exclusion from EPPA provisions for federal contractors working in these areas.

Answer 126

Electrician Blue-collar workers, such as electricians, are considered nonexempt employees regardless of how highly they are compensated. Insurance adjustors who interview witnesses, make claim recommendations, and negotiate settlements are considered exempt employees, as are human resource managers who formulate, interpret, and implement employment policies. Salaried executives are also exempt, based on their job duties under the white-collar exemptions, which include executive, administrative, professional, or outside sales positions.

Answer 127

Presence of a union representative in the interview Under the Weingarten ruling, the employee may request the presence of a union representative in the interview. The employee does not have to be allowed his or her personal attorney or the ability to respond in writing to questions or to review video evidence prior to an interview.

Answer 128

Opinion letter An opinion letter is a form of guidance issued by a government enforcement agency in response to a question from the public. It provides an interpretation of a regulation or statute. A public comment is a suggestion or concern provided by the public to a government agency for its consideration during the rule-making process.

Answer 129

It usually covers legal costs regardless of the outcome of the case EPLI usually covers legal costs, no matter what the outcome of the case is. It typically does not cover punitive damages or civil or criminal fines. It usually does not cover compensation, consistent with relevant state laws. It is designed to cover cases arising at any point in the employment life cycle, from recruitment to termination.

Answer 130

Easier storage and access for records that span many years. In the event that a claim is asserted, HR needs to be able to access documents even remotely related to the claim. Because of Department of Labor guidelines, electronic record-keeping systems should be capable of indexing, retaining, preserving, retrieving, and reproducing all electronic records stored in the system with relative ease. This represents the best reason to maintain records electronically

Answer 131

Terminating an employee with satisfactory performance Employment at-will is a common-law principle stating that employers have the right to hire, fire, demote, and promote whomever they chose for any reason unless there is a law or contract to the contrary.

Answer 132

Marijuana remains illegal under the federal Controlled Substances Act. Marijuana is legal in multiple states for medical or recreational use, but it remains illegal under the federal Controlled Substances Act. This act does not feature an exemption for medicinal use. Both firing employees following a failed drug test and accommodating employees’ use of medicinal marijuana may depend on current state regulations.

U.S. Employment Law & Regulations Flashcards

(160 cards)