US Laws & Regulations Flashcards

Question

What is the Immigration Reform and Control Act (IRCA) (1986)?

Answer 1

The first law to require new employees to prove both their identity and their right to work in the US. (i.e. I-9 process)

Answer 2

These rules allow the IRS to impose penalties when it is determined that top officials have received excessive compensation from their nonprofit organizations.

Answer 3

Prohibits unfair labor practices by unions and outlaws closed shops where union membership is required in order to get and keep a job. Employers may not form closed-shop agreements with unions. Requires both parties to bargain in good faith.

Answer 4

The Taft-Hartley Act

Answer 5

Outlines procedures for redressing internal union problems, protects the rights of union members from corrupt or discriminatory labor unions, and applies to all labor organizations.

Answer 6

The Landrum-Griffin Act

Answer 7

Unions must conduct secret elections, the results of which can be reviewed by the Department of Labor

Answer 8

Convicted felons and members of the Communist Party

Answer 9

Annual financial reporting from unions to the DOL is required

Answer 10

Converted the existing Mine Enforcement Safety Administration (MESA) to the Mine Safety and Health Administration (MSHA). Brought all coal, metal, and nonmetal mining operations under the same DOL jurisdiction. Regulations and safety procedures were not altered, just carried into the new agency for oversight.

Answer 11

This law requires the secretaries of labor and health, education, and welfare to create regulations governing the countries mines. All mines are covered if they are involved in commerce (any active mining operation would be). Among the regulations it is specified that employees must be provided with certain protective equipment while working. Devices relate to respiration and fire prevention among other protection. Black lung disease is a key concern.

Answer 12

Employers engaged in mining operations must inspect their work sites and document the results, reflecting hazards and actions taken to reduce or eliminate the hazards. Employees are to be given access to information related to accident prevention, fatal accident statistics for the year, and instructions on specific hazards they will face while working in the mine. Individual employee exposure records must be maintained. Information must be made available to MSHA inspectors if they request it.

Answer 13

The OSHA Agency

Answer 14

Safety standards that involve ventilation, chemical exposure, noise, forklifts, and other mining equipment, mine shoring, and more.

Answer 15

Has a team of federal inspectors who conduct on-site audits of mining operations. Inspectors have the authority to cite mine operators for violations of regulations and citations carry a $1,000 per day penalty in some circumstances.

Answer 16

Proposed the creation of "Codes of Fair Competition" where every business would have to identify with and belong to a trade association. Failure to do so would be a result in suspension/ending of operations.

Answer 17

The National Labor Relations Act

Answer 18

It was declared unconstitutional by the US Supreme Court in 1935 and replaced by the National Labor Relations Act

Answer 19

Grants employees the right to organize, join unions, and engage in collective bargaining and other "concerted activities". Also protects against unfair labor practices by employers.

Answer 20

The Wagner Act

Answer 21

Helps define fair labor practices. Has the power to accept and investigate complaints of unfair labor practices by either management or labor unions. It plays a judicial role within an administrative setting.

Answer 22

1. The right of workers to organize into unions for collective bargaining 2. The requirement of employers to bargain in good faith when employees have voted in favor of a union to represent them 3. Requirement that union represent all members equally 4. Covers nonmanagement employees in private industry who are not already covered by the Railway Labor Act

Answer 23

Provides rules related to handling and disposing of sharps, puncture devices, scalpels and other tools that can harm the person using them or someone else. Also encourages the invention of new devices that will reduce or eliminate the risk associated with injury due to sharps. Reducing the amount of injury and subsequent illness due to puncture, stab, or cut wounds is a primary objective. Blood-borne pathogens and transmission of human blood-borne illness such as AIDS/HIV and hepatitis are key targets.

Answer 24

On the OSHA 300 log with "privacy case" listed and not the employee's name.

Answer 25

1. Prohibited "Yellow-Dog" Contracts (agreements which employees promised employers that they would not join unions). Declared such contracts to be unenforceable in any federal court. 2. Prohibited federal courts from issuing injunctions of any kind against peaceful strikes, boycotts, or picketing when used by a union in connection with a labor dispute. 3. Defined labor dispute to include any disagreement about working conditions

Answer 26

Administrative agency within the US Department of Labor.

Answer 27

Employers shall furnish each employee with a place of employment free from recognized hazards that are likely to cause death or serious injury. It also holds employees responsible for abiding by all safety rules and regulations in the workplace.

Answer 28

All employers regardless of the employee population size.

Answer 29

It is necessary to document and make available to employees records about hazardous materials and how they must be properly handled.

Answer 30

Employers with 10 or more people on the payroll must summarize all injury and illness instances and post that summary in a conspicuous location within the workplace. The report must remain posted from February 1 - April 30 of each year.

Answer 31

A full incident report must be prepared by the employer and maintained in the safety file. These records must be maintained for a minimum of 5 years from the data of the incident.

Answer 32

Includes a record of each incident resulting in medical treatment (other than first aid), loss of consciousness, restriction of work or motion, or transfer or termination of employment.

Answer 33

Inspectors can walk into any place of employment and request that you permit an inspection. You don't have to agree unless the inspector has a search warrant. In the absence of a warrant, you can delay the inspection until an attorney is present.

Answer 34

Depending on the urgency of the hazard and agreement of the person filing the complaint, inspectors may telephone or fax inquiries to employers. The employer has 5 working days to respond with a detailed description of inspection findings, corrective action taken, and additional action planned.

Answer 35

Situations where death or serious injury are highly likely. Compliance officers will ask employers to correct the conditions immediately or remove employees from danger

Answer 36

Incidents that involve a death or the hospitalization of three or more employees. Employers must report these incidents to OSHA within 8 hours.

Answer 37

Allegations of workplace hazards or OSHA violations. Employees may request anonymity when they file complaints with OSHA

Answer 38

Other federal, state, or local agencies; individuals; organizations; or the media can make referrals to OSHA so the agency may consider making an inspection

Answer 39

Checks for abatement of violations cited during previous inspections are also conducted by OSHA personnel in certain circumstances

Answer 40

OSHA can conduct inspections aimed at specific high-hazard industries or individual workplaces that have experienced high rates of injuries and illnesses.

Answer 41

Normal Standards and Emergency Temporary Standards

Answer 42

If OSHA determines that a specific standard is needed, any of the several advisory committees may be called upon to develop specific recommendations

Answer 43

Under certain limited conditions, OSHA is authorized to set emergency temporary standards that take effect immediately.

Answer 44

OSHA must determine that workers are in grave danger due to exposure to toxic substances or agents determined to be toxic or physically harmful or to new hazards and that an emergency standard is needed to protect them. Then OSHA publishes the emergency temporary standard in the Federal Register, where it also serves as a proposed permanent standard. It is then subject to the usual procedure for adopting a permanent standard except that a final ruling must be made within 6 months.

Answer 45

Reduces compensation limits in qualified retirement programs and triggers increased activity in nonqualified retirement programs. It also calls for termination of some plans.

Answer 46

Requires employers that have underfunded pension plans to pay a higher premium to the Pension Benefit Guarantee Corporation (PBGC). It also requires employers that terminate pension plans to provide additional funding to those plans.

Answer 47

Requires all states to establish and maintain a new hire reporting system designed to enhance enforcement of child support payments. It requires welfare recipients to begin working after 2 years of receiving benefits. States may exempt parents with children younger than 1 from the work requirements. Parents with children younger than 1 may use this exemption only once; they cannot use it again for subsequent children. These parents are also still subject to the 5 year time limit for cash assistance.

Answer 48

This law defines "hours worked" and establishes rules about payment of wages to employees who travel before and/or after their scheduled work shift. Minimum wages and overtime are not required unless there is a custom or contract to the contrary.

Answer 49

Law originally created to allow railway employees to organize into labor unions. Has expanded in coverage to include airline employees.

Answer 50

Created support for states to create vocational rehabilitation programs.

Answer 51

Requires nondiscrimination and affirmative action in hiring disabled workers by federal agencies within the executive branch

Answer 52

Requires nondiscrimination and affirmative action by federal contractors and subcontractors with contracts valued at $10K or more

Answer 53

Requires employers subject to the law to provide reasonable accommodation for disabled individuals who can perform the major job duties with or without accommodation

Answer 54

Provides legal protections for spousal beneficiaries of qualified retirement programs. It prohibits changes to retirement plan elections, spousal beneficiary designations, or in-service withdrawals without the consent of a spouse.

Answer 55

Added two important sections to the Internal Revenue Tax Code relevant to employee benefits: Section 125, Cafeteria Benefit Plans, and section 401(k), originally a pre-tax savings program for private-sector employees known as individual retirement accounts (IRA), subsequently expanded to a second plan opportunity known as "Roth IRA" that permitted funding with after-tax savings.

Answer 56

To address the need for oversight and disclosure of information by publicly traded companies.

Answer 57

Strict oversight to corporate governance and financial reporting for publicly held companies. Holds corporate offices accountable for proper record-keeping and reporting of financial information, including internal control systems to assure those systems are working properly. There are also requirements for reporting any unexpected changes in financial condition, including potential new liabilities such as lawsuits. Lawsuits can involve things such as employee complaints of illegal employment discrimination.

Answer 58

Anyone who reports wrongdoing to a supervisor, appointed company officials who handle these matters, a federal regulatory or law enforcement agency, or a member or committee of Congress. It even extends to claims that prove to be false as long as the employee reasonably believed the conduct is a violation of SEC rules or a federal law involving fraud against shareholders.

Answer 59

Yes, all contractors and subcontractors of publicly (*NOT* privately) held companies are subject to the whistleblower provisions of this law.

Answer 60

The Public Company Accounting Oversight Board (PCAOB). A nonprofit corporation created by the act to oversee accounting professionals who provide independent audit reports for publicly traded companies. It essentially audits the auditors.

Answer 61

A law that provides governance in the "secondary market" which is all trading after the initial public offering.

Answer 62

The Securities and Exchange Commission (SEC) which has oversight authority for the trading of stocks in the US.

Answer 63

This applies to federal contractors (and subcontractors) offering goods and services to the government, this law calls for payment of prevailing wages and benefit requirements to all employees providing service under the agreement. All contractors and subcontractors, other than construction services, with contract value in excess of $2,500 are covered. Safety and health standards also apply to such contracts. Compensation requirements of this law and enforced by the Wage and Hour Division of the DOL. Safety and health requirements are enforced by OSHA.

Answer 64

John Sherman suggested the US needed protections against monopolies and cartels. This law was used by federal prosecutors to break up the Standard Oil Company into smaller units. Case law has developed over time that concludes that attempting to restrict competition or fix prices can be seen as violation of this law. Restraint of trade is also prohibited.

Answer 65

Increased federal minimum wage levels and provided some tax incentives to small business owners to protect jobs and increase take-home pay.

Answer 66

Designed to help senior citizens and support disabled workers. Supported through payroll taxes with contributions from both the employee and the employer.

Answer 67

The Federal Insurance Contributions Act (FICA)

Answer 68

Federal old-age benefits (retirement), survivors benefits (spouse, dependent children, and widow/widower benefits), disability insurance for workers no longer able to work, temporary assistance for needy families, medicare health insurance for aged and disabled, medicaid grants to states for medical assistance programs, supplemental security income (SSI), State Children's Health Insurance Program (SCHIP), and Patient Protection and Affordable Care Act

Answer 69

Social Security Number

US Laws & Regulations Flashcards

(93 cards)