Workplace Domain - US Laws and Regs Flashcards

Question

# workplace knowledge domain specialized knowledge visa | US employment law and regulations ## Footnote employment and authorization to work key concepts

Answer 1

someone has expertise that is among small percentage who have risen to the top of their field represent acheivement in motion pickture, tv productions achievement in the arts

Answer 2

* P1-A individual athletes or athletic teams * P1-B Entertainment groups * P2 Artist or entertainer under reciprocal exchange program * P2-S Essential Support for P2 * P3 Artist or entertainer under a culturally unique program * P3-S Essential supoort for P3

Answer 3

* EB-1 Alien of extraordinary ability * EB-2 Alien of extraordinary ability * EB-3 skilled workers * EB-4 certain special immigrants * EB-5 immigrant investors

Answer 4

* employer must show that alien has EA in sciences, arts, eduation, business or athletics (inter/national acclaim, achievements recognized thru extensive documentation) * ERs must show work to be done in US will continue individual's area of EA * must show that person's entry into US will benefit US

Answer 5

applies to any job that requires advanced degrees and EA

Answer 6

professionals and skilled workers who are sponsored by employers in US

Answer 7

* broadcasters * ministers of religion * employees or former employees of US govt * Iraqi/Afghan interpreters and translators * similar workers

Answer 8

level of expertise among a small percentage who have risen to the top of their field represent EA in motion picture, tv or had EA and distinction in the arts

Answer 9

* You must be enrolled in an "academic" educational program, a language-training program, or a vocational program * Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement * You must be enrolled as a full-time student at the institution * You must be proficient in English or be enrolled in courses leading to English proficiency * You must have sufficient funds available for self-support during the entire proposed course of study * You must maintain a residence abroad which you have no intention of giving up. | https://www.uscis.gov/working-in-the-united-states/students-and-exchange

Answer 10

people who will create new commercial enterprises in US that will provide job creation

Answer 11

green card holders/permanent resident have almost all US citizens' rights and can work/live anywhere in US (but no right to vote or receive federal funding) US visa holder isn't authorized to work in US unless they have a specific type of work visa

Answer 12

* most valid for 10 years * permanent resident card/alien registration card * indicates lawful permanent resident status * can apply to become a US citizen after 5 years of residency, or three years if married to a US citizen; applications can be submitted * family basd immigration is most common way to obtain a green card (over 600k obtain one this way each year)

Answer 13

all US except Montana most countries allow employers to only dismiss for cause At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences.

Answer 14

temporarily delays the deportation of people without documentation who came to the U.S. as children. | https://www.usa.gov/daca

Answer 15

* requires sub/contractors on certain federally funded or assisted construction projects over $2000 in US to pay wages and fringe benefits at least equal to those prevailing in local area where work is performed * applies to laborers and mechanics * allows trainees and apprentices to be paid less than predetermined rates under certain circumstances

Answer 16

- ensure govt paid fair wage to manufacturers and suppliers of goods for fed contracts more than 15k each - OT pay for work done over 8 hours in a day or 40 hours in a week - minimum wage equal to prevailing wage - prohibits employment under age of 16 or convict - defense authorization act (1968) later excluded federal contractors from OT payments in excess of 8 hours a day

Answer 17

overtime pay exempt/non-exempt status minimum wage

Answer 18

* commonly known as fair labor standards act * established minimum wage, OT and child labor standards across US * gives employees right to establish labor unions, conduct strikes, negotiate benefits, working conditions, comp * must earn at least $684/week to be exempt and meet duties test

Answer 19

* applies to federal sub/contractors * requires payment of prevailing wages and benefit requirements to all employees (enforced by wage and hour division of DOL) * all federal sub/contractors other than consturction services, with contract values over $2,500 are covered * safety and health standards apply (enforced by OSHA)

Answer 20

- amendent to FLSA - enforced by EEOC - prohibits on basis of sex by paying wages to employees at a rate less than the rate paid to employees of the opposite sex for equal work on jobs requiring substantially equal skill, effort, and responsibility, and performed under similar working conditions - does not address comparable worth concept

Answer 21

**For one year after the child’s birth**, covered employees may take reasonable break time “each time such employee has need to express the milk.” An employer may not deny a covered employee a needed break to pump. If the space is not dedicated to the nursing employee’s use, it must be available when needed by the employee in order to meet the statutory requirement. | amendment to section 7 of FLSA ## Footnote https://www.dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mothers

Answer 22

amends civil rights act of 1964 - the clock begins running anew with each new paycheck for time to file a charge of an illegal act of discrimination experienced by an employee - her pay was significantly less than that of men doing the same supervisor job. the old law didn't permit her to succeed in her complaint because she failed to file 20 years earlier on the first occasion of receiving a paycheck for less and it didn't matter that she didn't know the pay difference until late in her career - 180 day statute of limitations for filing an equal-pay lawsit resets with each new paycheck affected by discriminatory action

Answer 23

- grants employees right to organize, join unions, engage in collective bargaining or concerted activities - addresses union and employer obligations in labor relations issues - established NLRB (defines fair labor practices and has power to investigate complaints of unfair labor practices by management or labor unions)

Answer 24

- right of workers to organize into unions for collective bargaining - employers required to bargain in good faith when employees vote in favor of a union to represent them - unions required to represent members equally - covers nonmanagement employees in private industry who are not already covered by the Railway Labor Act - established NLRB to oversee elections of unions seeking to represent employees and hear and rule on charges of unfair labor practices

Answer 25

- first national legislation that placed controls on unions - prohibits unfair labor practices by unions and outlaws closed shops where union membership is required to get and keep a job - ERs can't form closed-shop agreements with unions - requires both ER and union bargain in good faith and covers nonmanagement employees in proviate industry who are not covered by Railway Labor Act

Answer 26

- procedurs for redressing internal union probs - protects union members from corrupt/discriminatory labor unions - applies to all labor organizations

Answer 27

- unions must conduct secret elections; results reviewed by DOL - a bill of rights guarantees union members certain rights, including free speech - convicted felons, communist members can't hold office - annual financial reporting from unions to DOL required - all unions have fiduciary responsibility in managing union assets and conducting union business - union power to place subordinate organizations in trusteeship is limited - minimum standards for union disciplinary action against its members are provided

Answer 28

- Wiretap Act and Stored Communications Act - provide rules for access, use, disclosure, interpretation, privacy protections of electronic comms - prohibit interception of emails in transmission and access to emails in storage - civil and criminal penalties for violations

Answer 29

- HR implications have to do w/recording employee conversations - must warn employee to provide notice, which is required by legislation - notices must be provided to anyone subject to observation or recording so that employees have no expectation of privacy during the time they are in the workplace

Answer 30

- related to downsizing in the private sector - prevents employers from closing without any worker benefits - applies to ERs w/ 100 more full-time workers in a single facility who aggregate at least 4,000 hours per week - must provide 60 day advance notice to employees and public officials of plant closing or mass layoffs -any employment loss of 50 or more ppl, excluding part-time workers, is considered a trigger event to activate the requirements - local communicty leaders must be informed and invited to participate in process of finding jobs for laid-off workers - ER can pay 60 days separation if it gives no notice to workers who will be terminated

Answer 31

- notice not required if terminations result from completion of a contract or project that employees understood would constitute their employment (i.e. term classification) - layoff less than 6 months - state and local govt downsizing - fewer than 50 ppl will be laid off or terminated - if 50 - 499 workers lose their jobs and the number is less than 33% of active workforce at a single site

Answer 32

- **plant closing:** permanent or temporary shutdown of single site of employment, or one or more facilities or operating units within a single site of employment - if the shutdown results in employment loss during any 30-day period of 50 or more FTEs - **mass layoff:** reduction in workforce that is not result of a plant closing and results in employment loss at a single site during any 30-day period when 1) at least 500 employees are to be laid off from a workforce of 500 or more - 2) at least 33% FTEs are going to be removed from payroll in layoff w/total of 50 - 499 workers before the layoff

Answer 33

employers can't make job applicants or employees take a polygraph test unless: - part of ongoing investigation of losses suffered by ER - tested employee had access to property in question - ER had reasonable suscpision of EE's involvement - ER provides statement of the basis for preceding conditions - ER can test applicants if its a security firm, manufacturere or distributor of controlled substances - If an EE agrees to polygraph, they can change mind at any time w/out repercussions

Answer 34

Collins was denied union representative (retail clerks union) for theft invesitagion. Collins complained to union organization - filed with NLRB case significantly strengthened protections for employees in unionized workplaces, ensuring they have support during investigations

Answer 35

Charge was that Lechmere violated NLRA by barring non-employee union organizers from its parking lot. - *admin law judge and NLRB ruled in favor of union organizers. 1st circuit court of appeals affirmed* - **Supreme court ruled in favor of Lechmere stating that **NLRA doesn't require employers to allow nonemployee union organizers onto private property unless employees are otherwise inaccessible - **Reasoning**: NLRA confers rights on employees, not on unions or nonemployee organizers to access private property for organizing purposes, reinforcing property rights of employers

Answer 36

- created OSHA within DOL and National Institute of Occupational Safety and Health (NIOSH) within CDC - general duty clause: workplace free from hazards likely to cause death or serious injury - employees must follow safety rules and regulations - notices must be posted and are available to download free of charge

Answer 37

- periodic workplace safety inspections - inury or illness incident reports - annual summary of incidents during previous calendar year - injury and illness prevention program (if required by industry) - employee training on safety procedures - records of training participation - safety data sheets for each chemical used in workplace - post incident report 2/1 - 4/30 each year

Answer 38

* onsite visits without advance notice (you don't have to agree unless inspector has a search warrant; if no warrant you can delay process until attorney is present); most have printers with them * onsite inspections or phone/fax investigations: employer has 5 working days to respond with detailed description of inspection filings, corrective action and additional action planned * highly trained compliance officers

Answer 39

- **imminent danger:** situations where death or serious injury very likely - **fatalities and catastrophes:** incidents involving death/hospitalization of 3 or more EEs; ERs must report to OSHA w/in 8 hours (call them - 800-321-OSHA) - **Worker complaints: **allegations of OHSA violations, unsafe working conditions - **Referrals:** fed and local agencies, inidividuals, orgs, media can make referrals to agency - **Follow ups:** checks for abatement of violations cited during previous inspections - **planned or programmed investigations:** aimed at high-hazard industries or workplaces that experienced high rates of injuries and illnesses aka *targeted investigations*.

Answer 40

- normal standards - **emergency temporary standards**: take effect immediately if workers are in grave danger; posted to Federal Register and serves as proposed permanent standard; final ruling must be made w/in 6 months; may be challenged in appropriate US Court of Appeals

Answer 41

applies to federal contractors and orgs that receive grants from federal govt ensure all employees working on contract are in compliance with its drug free requirements and must have policy that applies to all employees policy must include consequences of failing a drug test of non-compliance supercedes local marijuana laws; drug testing not required

Answer 42

* ensures ppl who leave or lose their jobs can obtain health coverage even if they or someone in family has a serious illness, injury or is pregnant * provides privacy requirements for medical records for ppl as young as 12 years old * limits exclusions for pre-existing conditions and guarantees renewal of health coverage to employers and employees, allowing ppl to change jobs w/out worrying about loss of coverage * restricts ER ability to impose actively-at-work requirements as preconditions for health plan eligibility

Answer 43

- **Scope**: unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature; can include offensive remarks about a person’s gender - illegal when it is so frequent or severe that it creates a hostile work environment or adversely affects the victim’s job, such as being fired or demoted

Answer 44

1) **make a plan.** what is the main question the investigator needs to answer? a) Who will investigate? b) What evidence needs to be collected? c) Who will be interviewed? 2)** you may want to bring in an outside investigator to protect credibility** (i.e. work close with the exec team and the accused is an exec; if the accused has any control over HR, then HR is not a neutral, objective investigator). 3) **remain neutral and non-emotional in responses.** 4)** prepare questions in advance**. Who, what, when, where. were there witnesses? did they talk to family members or friends? ask open-ended questions a) resist urge to fill silent moments 5) **gather evidence that might support or negate the complaint **- voicemails, texts, emails, photos, timecards, business expense reports, social media posts 6) **check past performance evals and prior compliants:** is the person making the allegation seeking retribution for poor eval? complaints on the accused? conact former employees if needed; may detect pattern of questionabel behavior 7) **Document every step** and record who wasn't available and why; written evidence is discoverable 8) **encourage confidentiality**: ask interviewees to help with the investigation by keeping confidentiality but don't mandate it 9) **make a decision:** can you corroberate details of each person's details? does person have a reason to lie? refer to EEOC guidelines to determine credibility. Is it more likely than not that the incident occurred? 10) **write a report** - take as long as it takes to fact find. if allegations are supported, ER should take immediate and appropriate corrective action - range from write up to termination depending on severity, frequency of misconduct. include investigaion process, findings, recommendations and any dsciplinary action imposed and corrective/preventative action | https://www.shrm.org/topics-tools/tools/presentations/sexual-harassment-

Answer 45

ER paid insurance that provides **wage repacement and medical care benefits to employees **who suffer work-related injuries or illnesses in return fo rgiving up the employee's right to sue ER for negligence. Federal law administered by the states Other benefits offered: - **death benefits**: replace portion of lost family income for eligible family members of employees who die on the job - **burial:** pay for som eof deceased employee's funeral expenses

Answer 46

ended segregation in public places banned employment discrimination

Answer 47

Protects 5 protected classes from employment discriminiation: race, color, religion, national origin, sex **Complaints must be filed with EEOC**; right to sue letter given to complaining employee to move the case to federal court if ee desires penalties can result in: **actual damages **up to 2 years in past and unlimited in future **compensatory damages**: pain and suffering caused by illegal discrimination **punitive damages:** dollars assesseed by court to punish employer for maltreatment of EE; thought of as making an example

Answer 48

affirmative action federal contractors must implement equal employment opportunity and establish outreach (and recruiting) programs for minorities and women, vets and disabled OFCCP enforces this EO

Answer 49

used to be anyone younger than 40 and older than 70 not covered. amendments made removed the upper limit of 70; except airlines law bans discrimination on EEs 40 or older. remedies the same as under Civil Rights Act

Answer 50

amendment to civil rights act of 1964 extended coverage reducing threshold from 25 to 15 employees **** EEOC enforces it **Extends to employees of state and local govt** **Religious accommodation**: requires reasonable accommodation for employees' religious practices unless doing so would cause an undue hardship

Answer 51

created support for states to create vocational rehabilitation programs for disabled

Answer 52

requires nondiscrimination and affirmative action in hiring disabled workers by dederal agencies within the executive branch

Answer 53

requires nondiscrimination and affirmative action by federal contractors and subcontractors with contracts 10k or more

Answer 54

**covered veterans include** * disabled vets * vets who served on active duty in US military during war or campaign or expecition for which campaign badge was awarded * vets who, while serving active duty - armed forces service medal was awarded (EO 12985) * recently separated vets (within 36 months of discharge/release from active duty) **requirements apply to federal contractors** w/contracts valued at 25k or more regardless of total # employees **ERs must post job openings with local state employment service ** * jobs that last 3 days or less * jobs that will be filled by an internal candidate * jobs that are senior exec positions

Answer 55

aims to prevent: * disparate adverse treatment (purposely treating a protected class differently) and * adverse or disparate impact - when neutral policies have a statistically adverse impact on specific protected group of people all steps in a hiring process should be validated. VAlidity of a selection device can be determined thru validity study or applying job analysis to demonstrate specific relaiotinhop bt selection device and job requirements. Selection devices: written/oral/physical ability test; interview

Answer 56

amendment to Title VII to ensure pregnant women are not untreated fairly in the workplace requires accommodation, guarantees pregnant woman right to return to work to same or simlar job w/same pay following pregnancy disability

Answer 57

employers can't use genetic info to make employment decisions result of insurance companies using genetic info to determine who would likely have expensive diseases in future - allowed decisions to exclude individuals from hiring or enrollment in insurance plans protections extend to great-grandparents and adopted children

Answer 58

added sexual orientation and gender identity as protected c;ass categories

Answer 59

employers with 50 or more employees must comply

Answer 60

The suit, filed against 24 named subsidiaries of Verizon Communications, said the company unlawfully denied reasonable accommodations to hundreds of employees and disciplined and/or fired them pursuant to Verizon's "no fault" attendance plans largest disability discrimination settlement in a single lawsuit in EEOC history Verizon failed to provide reasonable accommodations for people with disabilities, such as making an exception to its attendance plans for individuals whose "chargeable absences" were caused by their disabilities ## Footnote https://www.eeoc.gov/newsroom/verizon-pay-20-million-settle-nationwide-eeoc-disability-suit

Answer 61

26 states and NFIB sued over ACA constitutionality: * challenged individual mandate and * medicaid expansion provision SC found insurance mandate constitutional as a tax

Answer 62

one of the first entities to address corporate governance - guidelines for multinational enterprises

Answer 63

belief that world business community should play an important role in improving economic and social conditions based on 7 principles. formed by network of business leaders from US, Europe and Japan

Answer 64

world's largest developer of voluntary international standards. the standard helps orgs assess and address social responsibilities relevant to their mission and vision, ops, customers, employees and communities its a quality standard, not a certification

Answer 65

created by Social Accountability International (SAI - ngo) auditable certification standard encouraging orgs to develop, maintain and apply socially acceptable practices in teh workplace focuses on human rights and labor relationsihp based on UN and International Labour Organization (ILO) standards

Answer 66

universally accepted standard for global reporting on a company's sustainability efforts and progress divided into 1) reporting principles and standard disclosures 2) implementation manual (explanation for applying reporting principles)

Workplace Domain - US Laws and Regs Flashcards

(97 cards)