Workplace Knowledge - Employment Law & Regulations

Question 1

What is employment at will?

Answer 1

Employment at will is a legal doctrine which states that an employment relationship may be terminated by the employer or employee at any time and for any or no reason as long as no laws are violated. Some form of employment at will is recognized in all states except Montana and can be nullified by an express or implied employment contract.

Question 2

What are some of the common work visas?

Answer 2

• H-1B (professional)
• H-1B1 (professional from Chile or Singapore)
• H-2B (temporary seasonal/unskilled
• L-1 (transferee)
• TN (North American Free Trade Agreement professional)
• E-1/E-2 (treaty trader/investor)
• E-3 (Australian professional)
• O-1 (extraordinary ability)

Question 3

What is the Fair Credit Reporting Act of 1970 (FCRA)?

Answer 3

The Act (Title VI of the Consumer Credit Protection Act) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report cannot be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports.

Question 4

What is the Immigration Reform and Control Act of 1986?

Answer 4

The Immigration Reform and Control Act (IRCA) prohibits the employment of individuals who are not legally authorized to work in the United States or in an employment classification that they are not authorized to fill.

The IRCA requires employers to certify using the (I-9 form) within three days of employment the identity and eligibility to work of all employees hired.

Question 5

What is DACA?

Answer 5

DACA is the Deferred Action for Childhood Arrivals policy. DACA allows certain individuals who have grown up and gone to school in the United States to remain in the US, attend school, and work legally. Created by the DHS, it allows certain individuals who came to the US the opportunity to request deferred action (protection from removal) for a period of two years, which can be renewed.

Question 6

What is the Davis-Bacon Act of 1931?

Answer 6

“a minimum wage law designed for the benefit of construction workers” - requires the payment of locally prevailing wages and fringe benefits on federal contracts for construction. The law applies to workers on contracts in excess for $2,000 entered into by federal agencies and District of Columbia for the construction, alteration or repair of public buildings or public works. Purpose is to protect local wage standards by preventing contractors from basing their bids on wages lower than those prevailing in the area.

Question 7

What is the Walsh-Healey Public Contracts Act of 1936?

Answer 7

The Walsh-Healey Public Contracts Act of 1936 established minimum wage, maximum hours, and safety and health standards for work on federal contracts. The act required federal purchases of supplies exceeding $10,000 to contain an agreement on the part of the contractor to conform the to the standards prescribed by the act.

Established the eight hour day and the forty-hour week, prohibited child labor, set safety standards and authorized the Secretary of Labor to determine prevailing minimum wages for contract performance

Question 8

What is the Fair Labor Standards Act of 1938 (aka FLSA; Wage-Hour Bill; Wagner-Connery Wages and Hours Act) and amendments

Answer 8

• work classification - FSLA carefully separates employees as exempt or nonexempt from provisions,
• requires that employers calculate overtime for covered employees (at 1.5x regular rate of pay for all hours worked in excess of 40 hrs/week), and defines how a work week should be measured.
• minimum wage standards - ensure a living wage and reduce poverty for low-income families, minority workers, and women
• child labor provisions - protect minors from position that may be harmful or detrimental to their health or well-being and regulates the hours minors can legally work
• outlines requirements for employers to keep records of hours, wages, and related payroll items

Question 9

What is the Equal Pay Act of 1963 (amending FLSA)?

Answer 9

The Equal Pay Act of 1963 (amending FLSA), and which is administered and enforced by the EEOC, prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions

Question 10

What is the McNamara-O’Hara Service Contract Act of 1965?

Answer 10

The McNamara-O’Hara Service Contract Act of 1965 requires government to use its bargaining power to ensure fair wages for workers when it buys services from private contractors. This covers contractors and subcontractors performing services on prime contracts in excess of $2,500.

For contracts equal or less than $2,500, contractors are required to pay the federal minimum wage (FSLA)

Question 11

What is the Employee Retirement Income Security Act of 1974 (ERISA)?

Answer 11

The ERISA was passed to protect employees who are covered under private pensions and employee welfare plans. ERISA ensures that employees receive promised benefits and are protected against early termination, mismanaged funds, or fraudulent activities.

ERISA mandates that employees adhere to eligibility requirements, vesting requirements, portability practices, funding requirements, fiduciary responsibilities, reporting and disclosure requirements, as well as compliance testing.

Question 12

What was the Affordable Care Act’s Break Time for Nursing Mothers (2010)?

Answer 12

The Patient Protection and Affordable Care Act amended the FLSA to require employers to provide a nursing mother reasonable break time to express breast milk after the birth of her child. The amendment also requires that employers provide a place for an employee to express breast milk

Question 13

What was the Lilly Ledbetter Fair Pay Act of 2009 and Ledbetter v. Goodyear Tire & Rubber Co. (2007)?

Answer 13

Ledbetter (2007) ruled that the statute of limitations to make a discriminatory pay claim was 180 days from the first discriminatory paycheck. The Lilly Ledbetter Fair Pay Act of 2009 results in the statute of limitations restarting with each discriminatory paycheck. This act was designed to make employers more proactive in resolving pay inequities.

Question 14

What was the National Labor Relations Act of 1935 (NLRA; Wagner Act; Wagner-Connery Labor Relations Act)?

Answer 14

The NLRA was passed by Congress after a long period of conflict in labor relations. It was intended to be an economic stabilizer and establish collective bargaining in industrial relations.

Section 7 provides employees with the right to form, join, or assist labor organizations as well as the right to engage in concerted activities such as collective bargaining through representatives or other mutual aid. Section 8 identifies five unfair labor practices:

1. Employers shall not interfere with or coerce employees from the rights outlined in Sec 7
2. Employers shall not dominate or disrupt the formation of a union
3. Employers shall not allow union membership or activity to influence hiring, firing, promotion, or related employment decisions
4. Employers shall not discriminate against or discharge an employee who has given testimony or filed a charge with the NLRA
5. Employers cannot refuse bargaining in good faith with employee representatives.

Question 15

Why was the Labor Management Relations Act of 1947 (LMRA; Taft-Hartley Act) passed? What does it prohibit unions from doing?

Answer 15

Many employers felt that the NLRA gave too much power to unions. As a result the Taft-Hartley Act sought to avoid unnecessary strikes and impose certain restrictions over union activities. The act addresses four basic issues: unfair labor practices by unions, the rights of employees, the rights of employers, and national emergency strikes. The act prohibits unions from:

• Restraining or coercing employees from their rights to not engage in union activities
• Forcing an employer to discriminate in any way against an employee to encourage or discourage union membership
• Forcing an employer to pay for work or services that are not needed or not performed
• Conducting certain types of strikes or boycotts
• Charging excessive initiation fees or membership dues when employees are required to join a union shop

Question 16

What is Labor-Management Reporting and Disclosure Act of 1959 (Landrum Griffin Act) and amendments?

Answer 16

The Labor-Management Reporting and Disclosure Act of 1959 and amendments, grants certain rights to union members and protects their interests by promoting democratic procedures within labor organization (internal conduct of labor unions). The LMRDA establishes:

• A Bill of Rights for union members;
• Reporting requirements for labor organizations, union officers and employees, employers, labor-relations consultants, and surety companies
• Standards for the regular election of union officers every five years for national and every three years for local organizations;
• Safeguards for protecting labor organization funds and assets (making embezzlement a federal crime)

Question 17

What was the Electronic Communications Privacy Act of 1986?

Answer 17

The Electronic Communications Privacy Act of 1986 protects wire, oral, and electronic communications while those communications are being made, are in transit, and when they are stored on computers.

Question 18

What was the Worker Adjustment and Retraining Notification Act (WARN) of 1988?

Answer 18

The Worker Adjustment and Retraining Notification Act (WARN) of 1988 offers protect to workers, their families and communities by require employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs. Notice must be provided to either affected workers or their representatives (ie. a labor union); to the state disclosed worker unit; and to the appropriate unit of government.

Employers are covered by WARN if they have 100 or more employees, not counting employees who have worked less than 6 months in the last 12 months and not counting employees who work an average of less than 20 hours a week.

Question 19

What triggers a WARN notice?

Answer 19

• Plant closing: A covered employer must give notice if an employment site will be shut down, and the shutdown will result in an employment loss for 50 or more employees during any 30 day period.
• Mass layoff: A covered employer must give notice if there is to be a mass layoff, which does not result from a plant closing, but which will result in an employment loss at the site during any 30-day period for 500 or more employees (33% of the active workforce for smaller employers)

Question 20

What was the the Employee Polygraph Protection Act of 1988?

Answer 20

The Employee Polygraph Protection Act of 1988 generally prohibits most private employers from using lie detectors, either for pre-employment screening or during the course of employment. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act.

Question 21

What was NLRB v. Weingarten (1975)?

Answer 21

NLRB v. Weingarten (1975) held that employees in unionized workplaces have the right under the National Labor Relations Act to the presence of a union steward during any management inquiry that the employee reasonably believes may result in discipline

Question 22

What was Lechmere, Inc. vs. NLRB (1992)?

Answer 22

Lechmere, Inc. vs. NLRB (1992) forbid nonemployee union organizers from soliciting support on private property unless no reasonable alternatives exist. Preserves the employees’ right to organize.

Question 23

Why was the EEOC created?

Answer 23

The EEOC was created to enforce Title VII of the Civil Rights Act of 1964 and the ADA. Title VII prohibits discrimination based on race, color, religion, sex and national origin. Employers are obligated to furnish any information the EEOC requests, including annual reporting, for employers with 50 or more employees.

Question 24

What was Executive Order 11246 (1965)?

Answer 24

Executive Order 11246 (1965) - Equal Employment Opportunity (EEO)

The Executive Order prohibits federal contractors and federally-assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. The Executive order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.

Question 25

What is Age Discrimination in Employment Act of 1967 (ADEA) and amendments?

Answer 25

The Age Discrimination in Employment Act of 1967 (ADEA) forbids age discrimination against people who are age 40 or older. it does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination.

• Prohibits discrimination in any aspect of employment (ie. hiring firing, pay, job assignments, etc.)
• Unlawful to harass (ie. offensive or derogatory remarks about someone’s age)

ADEA applies to all private employers with 20 or more employees, government agencies, and labor unions with 25 or more members.

Question 26

What was the Equal Employment Opportunity Act of 1972?

Answer 26

The Equal Employment Opportunity Act of 1972 amended Title VII to give the EEOC authority to conduct its own enforcement litigation. It also expanded coverage so that one person could file suit on behalf of many affected individuals for equal damages.

Question 27

What was the Rehabilitation Act of 1973, including sections 501 and 503?

Answer 27

The Rehabilitation Act of 1973 was intended to increase occupational opportunities for disabled individuals and to prohibit discrimination against “handicapped” persons.

• Sections 501 prohibits employment discrimination against individuals with disabilities in the federal sector
• Sections 503 covers discrimination in federal employment and in the employment practice of federal contractors with contracts of more than $10,000; requires affirmative action

Question 28

What was the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRA) of 1974?

Answer 28

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 is a law that prohibits federal contractors and subcontractors from discriminating in employment against protected veterans and requires employers take affirmative action to recruit, hire, promote, and retain these individuals.

Question 29

What is the Uniform Guidelines on Employee Selection Procedures (29 CFR Part 1607) (1978)?

Answer 29

The Uniform Guidelines on Employee Selection Procedures (UGESP) are a collection of principles, techniques, and procedures designed to help employers comply with federal anti-discrimination laws. The primary purpose of these guidelines is to define the specific types of procedures that may cause disparate impact and are considered illegal. The UGESP relates to unfair procedures that make it much less likely than an individual belonging to a protected class would be to receive a particular position.

Question 30

What is the Pregnancy Discrimination Act of 1978?

Answer 30

In short, the Pregnancy Discrimination in Employment Act makes it illegal to fire or refuse to hire or promote a woman because she is pregnant, force a pregnancy leave on women who are willing and able to perform the job, and stop accruing seniority for a women because she is out of work to give birth. There are two main clauses in the Pregnancy Discrimination Act of 1978:

1. applies to Title VII’s prohibition against sex discrimination, which also directly applies to prejudice on the basis of childbirth, pregnancy, or related medical conditions
2. requires that employers treat woman affected by pregnancy the same as others for all employment-related reasons and similarly in their inability to work.

Question 31

What is the Americans with Disabilities Act of 1990 (ADA) and amendments?

Answer 31

The ADA was established to protect individuals with physical or mental impairments from job discriminations. The law requires that all employers with 15 or more employees make reasonable accommodations to employ disabled people who are otherwise qualified. Individuals are considered otherwise qualified if they can perform the essential functions of the job with reasonable accommodations.

Amendments to the act broaden the definition of disability to include anything taht severely limits a major life activity or bodily function (ie. seeing, thinking, reading, or working). Further EEOC has noted that the following impairments will easily be concluded to meet the definitions of a disability: deafness, blindness, intellectual disabilities, partially or completely missing limbs, mobility impairments that require the use of a wheelchair, cerebral palsy, diabetes, autism, epilepsy, HIV/AIDS, cancer multiple sclerosis, muscular dystrophy, major depression, bipolar disorder, PTSD, OCD, and schizophrenia.