US Law

Question 1

Source of law issued to interpret how laws and regulations will be enforced

Answer 1

Agency Guidelines

Question 2

What are executive orders

Answer 2

Directive by the president that has the same weight as a law

Question 3

What are statutes

Answer 3

Enacted by legislative orders - often called an act

Question 4

What is common law

Answer 4

Based on court decisions

Question 5

EPLI

Answer 5

Employment practices liability insurance - transfer the risk of loss

Question 6

What are the the two ways to mitigate compliance risk?

Answer 6

Either use outside counsel or EPLI

Question 7

What should HR do in prepration for an HR compliance audit

Answer 7

Use a compliance checklist

Question 8

ICRA

Answer 8

Immigration Reform and Control Act

Question 9

What act is associated with I-9s

Answer 9

IRCA

Question 10

What is another word for immigrant visas?

Answer 10

Green cardsHw

Question 11

Where should the I9 be kept

Answer 11

Separate from all other employee files

Question 12

Are nonimmigrant visas permanent or temporary

Answer 12

temporary

Question 13

How long is a H1b visa

Answer 13

3 years

Question 14

OWBPA

Answer 14

Older Workers Benefits Protection Act is an amendment for the ADEA - anyone over 40 needs 21 days to review it and 7 days to revoke it

Question 15

What are the exceptions to Employment at Will

Answer 15

Public Policy Exemptions - cannot violate laws
Implied Contract exemptions
Covenant of good faith & fair dealing exemption

Question 16

What is FCRA?

Answer 16

Fair Credit Reporting Act - ensure background info supplied is accurate

Question 17

What did the FACT act do

Answer 17

An amendment to FCRA - employer no longer needs consent from employee before starting investigations if its misconduct, violation of law or pre-existing policies of employer

Question 18

National Labor Relations Act

Answer 18

Workers have the right to organize and bargain collectively with employers

Question 19

What are ULPs?

Answer 19

Unfair Labor Practices

Question 20

Weingarten rights

Answer 20

Unionized employees can have someone else from the union present during investigatory interviews

Question 21

WARN

Answer 21

Worker Adjustment Retraining Notification act - must give at least 60 days written notice if mass layoffs will occur to search for a new job, must have more than 100 people

Question 22

ECPA

Answer 22

Electronic Communications Privacy Act - Employer can only monitor messaging AFTER its been sent

Question 23

NLRB

Answer 23

National Labor Relations Board created to enforce self-organization rights of employees to collective bargain, form / join / assist labor orgs, engaged in concerted activities

Question 24

Why do unions file ULPs against the union

Answer 24

Because the union has failed to fairly represent its members

Question 25

How many OSHA standards are there

Answer 25

9 OSHA standards

Question 26

What is another term for PPACA?

Answer 26

Obamacare - required to have minimum essential healthcare coverage

Question 27

What does USERRA do

Answer 27

Enacted to protect employment, reemployment and retention rights of those who have served in the uniformed services

Question 28

What does USERRA stand for

Answer 28

Uniformed Services Employment and Reeemployment Rights Act

Question 29

Lilly Ledbetter Fair Pay Act

Answer 29

Statute of limitations resets as employer issues each discriminatory paycheck; ad family members can sue post death

Question 30

What is the Sarbanes Oxley Act related to?

Answer 30

Reduce possibility of corporate fraud -- Blackout periods must have at least 30-60 days notice for 401k contributions or defined contributions

Question 31

What is cliff vesting

Answer 31

All or nothing for vesting

Question 32

Graded vesting

Answer 32

incremental vesting

Question 33

What is ERISA

Answer 33

Employee Retirement Income Security Act - establish minimum standards to ensure retirement plans are set up and maintained in a fair and financially sound manner

Question 34

What is EPA

Answer 34

Equal Pay Act - equal pay does not address comparable worth;

Question 35

Portal to Portal Act

Answer 35

Amended FLSA and defined additional rules for hours worked - for example, Disney actors getting ready for their work; less freedom = more likely for payment

Question 36

What is a "workweek"?

Answer 36

Any fixed, recurring period of 168 consecutive hours - must be consistent week to week

Question 37

What is disparate treatment

Answer 37

Employees in protected classes are intentionally treated differently from other employees or are evaluated by different standards.

Question 38

What is disparate treatment

Answer 38

Intentional direct discrimination of someone in a protected class

Question 39

What is disparate or adverse impact

Answer 39

Unintentional discrimination that’s indirect

Question 40

How long does someone have to file with the EEOC

Answer 40

Equal Employment Opportunity Commission 180 days

Question 41

BFOQ

Answer 41

Bona fide occupational qualification- religion sex or national origin is an exception to Title VII - for example you can mandate someone be catholic to be a catholic priest

Question 42

What can never be a BFOQ

Answer 42

Race

Question 44

What is the 80% or 4/5 rule

Answer 44

When the selected rate of a protected class is less than 80% of the class of highest selection rates

Question 45

What’s the outcome of the 4/5 rule

Answer 45

Calls into question company’s hiring ethics

Question 46

What is ADEA

Answer 46

Age Discrimination in Employment Act - 40+ is a protected class

Question 47

What is OWBPA

Answer 47

Older Workers Benefit protection Act Benefits offered to older workers must be equal to benefits, offered to younger workers and you must have 21 days to review waivers of claims 

Question 48

What are the two categories of sexual harassment

Answer 48

Quid pro quo Hostile environment

Question 49

What is a hostile environment

Answer 49

Sexual or discriminatory behavior is so severe it interferes with EE performance

Question 50

What is vicarious liability

Answer 50

ER is legally responsible for discriminatory acts of sups and managers

Question 51

As of January 1, 2025, what is the salary threshold for exempt employees

Answer 51

58656

Question 52

What are the three requirements for being exempt

Answer 52

Minimum salary, paid on the salary basis, and primary duties

Question 53

What is the Davis-Bacon act

Answer 53

 requires contractors and subcontractors to pay laborers no less than the local prevailing wage for construction project more than $2000

Question 54

How often do OSHA inspections occur

Answer 54

Randomly or whenever a complaint is filed