2024 APHR Study Kit Exam: Labor Laws and Regulations, Exams of Advanced Education

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Sherman Anti-trust Act (1890) - CORRECT ANSWERS---curbed concentrations of power that interfere with trade and reduce economic competition by regulating monopolies and trade; protects free trade --applied to unions in early days because they were seen as a monopolizing power --forbade any "restraint of commerce" across state lines, and courts ruled that union strikes and boycotts were included Clayton Act (1914) - CORRECT ANSWERS---modified the Sherman Anti-trust Act by making illegal certain business practices that are conducive to the formation of monopolies or that result from them, like anticompetitive mergers and acquisitions. --section 6 specifically exempted labor union and agricultural organizations from the Sherman Antitrust Act which effectively legalized boycotts, peaceful strikes, and peaceful picketing against companies performance improvement plan (PIP) - CORRECT ANSWERS-A detailed document explaining what the employee needs to change and detailed steps on how to accomplish the change. legal strike - CORRECT ANSWERS-when employees are seeking better working environment, benefits or compensation or when employer is using unfair labor practice illegal strike - CORRECT ANSWERS-when employees have signed contract with no-strike clause, are defending a union's unfair labor practice, or there is a significant concern that they will cause property damage or bodily harm turnover rate - CORRECT ANSWERS-percentage of employees who leave he workforce during a period of time, typically a calendaror fiscal year. ]calculate by taking the number of employees who exited and divide it by the average number of employees during the year and multiply by 100 union decertification - CORRECT ANSWERS-30% of employees sign petition and file with the NLRB, petition cannot be filed less than 12 months after certification, if petition is approved a decertification election is held, majority vote of those who voted wins

union deauthorization - CORRECT ANSWERS-process of removing a union's security clause and its authority to negotiate, process is same as decertification Railway Labor Act (1926) - CORRECT ANSWERS---created to allow railway employees to organize into labor unions --amended to include Airlines engaged in interstate commerce in 1936. --covered employees are encouraged to use the National Mediation Board (NMB) --puts limits on strikes; mandated that when disputes arise they must "work now and grieve later". --presidential involvement and cooling off periods if arbitration fails and there is a threat to US economy, trade, transportation needs National Mediation Board (NMB) - CORRECT ANSWERS---Permanent independent agency that coordinates labor-management relations within the U.S. railroads and airlines industries (those covered by the Railway Labor Act) Davis-Bacon Act (1931) - CORRECT ANSWERS---Requires contractors and subcontractors on federally funded/assisted projects worth more than $ in the US to pay wages and fringe benefits at least equal to those in the local area where the work is performed --Allows apprentices to be paid less under certain circumstances Norris-La Guardia Act (1932) - CORRECT ANSWERS---Prohibited and made yellow-dog contracts unenforceable in federal court. --Also 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 which forces employer to openly and fairly discuss any disputes yellow-dog contracts - CORRECT ANSWERS---any contract where a worker had to agree not to be a member of the union before they could be hired labor dispute - CORRECT ANSWERS---any disagreement about working conditions National Industrial Recovery Act, NIRA (1933) - CORRECT ANSWERS--- declared unconstitutional by the Supreme Court in 1935 because it was too far-reaching (Schecter Poultry Case) --replaced by the National Labor Relations Act NLRA in the same year which is still in effect. --Proposed the creation of "codes of fair competition" for each of several different industries. Required every business to identify with and belong to a

trade association and would then be federally licensed. Anti-trust laws would be superseded in favor of the code. If a business refused to participate in the code, its license could be suspended, that business would end all operations immediately. --established that employees could not be required as a condition of employment to join or refrain from joining a union Wagner-Peyser Act (1933) - CORRECT ANSWERS---created a nationwide system of employment offices, known as Employment Service Offices, run by the US Department of Labor's Employment and Training Administration (ETA). --offices provide jobseekers with assistance in their job search, assistance in searching jobs for unemployment insurance recipients, and recruitment services for employers --amended by the Workforce Investment Act (1988) Securities and Exchange Act (1934) - CORRECT ANSWERS---provides for governance in the secondary market, which is all trading after the initial public offering --created the Securities and Exchange Commission Securities Exchange Commission (SEC) - CORRECT ANSWERS---created by the Securities and Exchange Act --has oversight authority for the trading of stocks in America --extends the disclosure doctrine of investigative protection to securities listed and registered for public trading on any of the US exchanges Copeland Anti-Kickback Act (1934) - CORRECT ANSWERS---precludes federal contractors or subcontractors from inducing an employee to giving up any part of their wages to the employer for the benefit of having or keeping the job National Labor Relations Act, NLRA (1935)*** - CORRECT ANSWERS--- aka "The Wagner Act" --grants and protects employees' right to organize, join unions, and engage in collective bargaining and other "concerted activities" --Also protects against any unfair labor practices by employers aimed at employees --Key Provisions:

1. Right of workers to organize into unions for collective bargaining
2. Requirement of employers to bargain in good faith when employees have voted in favor of a union to represent them.
3. Requirement that unions represent all members equally without showing favoritism
4. Covering non management employees in private industry who are not already covered by the Railway Labor Act

--Established the NLRB concerted activities - CORRECT ANSWERS---anytime two or more employees come together and discuss how satisfied they are with their work , their managers, supervisors, whether or not they're safe etc National Labor Relations Board (NLRB) - CORRECT ANSWERS-The agency responsible for administering and enforcing the Wagner Act. Its purpose is to reduce labor-management conflicts. Two primary functions:

1. secret-ballot elections to determine whether employees want to be represented by a union;
2. to prevent and remedy unfair labor practices. Social Security Act (1935) - CORRECT ANSWERS---designed to help senior citizens. Now includes Social Welfare and social insurance programs -supported through payroll taxes with contributions from both the employee and the employer. --programs currently under this umbrella:
3. federal old-age benefits aka retirement
4. survivors benefits, spousal benefits, dependent children and widow / widower benefits
5. disability insurance for workers are no longer able to work
6. Temporary Assistance for Needy Families
7. medical health insurance for aged and disabled
8. Medicaid grants to States for medical assistance programs
9. Supplemental Security Income SSI
10. State Children's Health Insurance Program SCHIP
11. Patient Protection and Affordable Care Act PPACA aka Obamacare Federal Insurance Contributions Act, FICA - CORRECT ANSWERS---sets payroll taxes for social security act Form I-9 - CORRECT ANSWERS---Employment Eligibility Verification -- United States Citizenship and Immigration Services form --must be completed for every new employee on the payroll within the first 3 days --requires proof of identity --uses documents from list of acceptable ones to ID --Mandated by the Immigration Reform and Control Act of 1986 --used to verify the identity and legal authorization to work of all paid employees in the United States --postoffer, prehire document --must be kept for 3 years after hire or 1 year after termination (whichever is later)

Walsh-Healy Public Contracts Act (1936) - CORRECT ANSWERS--- signed by President Franklin Roosevelt --designed to assure the government paid a fair wage to manufacturers and suppliers of goods for federal government contracts in excess of $10, each --provisions:

1. overtime pay required for work done over eight hours in a day or 40 hours in a week
2. a minimum wage equal to the prevailing wage in that area * now federal min wage
3. prohibition on employing anyone under 16 years of age or someone with a criminal conviction
4. the Defense Authorization Act 1968 later excluded federal contractors from overtime payments in excess of eight hours in a day (Lanham) Trademark Act (1946) - CORRECT ANSWERS---created federal protections for trademarks and service marks. --set forth the requirements for registering a trademark or service mark to obtain those legal protections *HR relevance- should train employees on how to properly handle organizational trademarks and the policies that govern those uses Portal-to-Portal Act (1946) - CORRECT ANSWERS---amendment to the FLSA --provides that minimum wages and overtime are not required for normal commute to and from the actual place of employment or for activities which are preliminary to or post-conclusion of the job and, unless there is a contract to the contrary, donning and doffing and preparing certain safety equipment and getting ready for work is not compensable -requires employers to pay employees for time spent traveling to perform job-related tasks if it is outside regular work commute. -must be paid for time spent waiting to start work when requested by employer -must be paid for hours spent training outside normal workday Labor Management Relations Act (Taft-Hartley Act), LMRA (1947) *** - CORRECT ANSWERS---amendment that remedied two major flaws in the Wagner Act/NLRA:
5. identification of behaviors practices that would be considered ULPs on the part of unions.
6. a provision that would allow government to issue an injunction against a strike that threaten national interests --Prohibits unfair labor practices by unions and outlaws closed shops --established a 60-day no-strike and no-lockout notice period requiring unions as well as employers to give 60 days notice to the NLRB --Requires both parties to bargain in good faith

--covers non-management employees in private industry who are not covered by the Railway Labor Act --established the US Conciliation Service and Federal Mediation and Conciliation Service FMCS --authorized president to intervene in strikes that affect national interests closed shop - CORRECT ANSWERS-when a company doesn't allow someone to apply/be hired unless they are a member of the union Immigration and Nationality Act, INA (1952) - CORRECT ANSWERS--- foundation on which all following immigration laws have been built --Addresses employment eligibility and employment verification --Defines conditions for the temporary and permanent employment of aliens in the US --Differentiates aliens as follows:

1. Resident or non-resident alien,
2. Immigrant or non immigrant alien,
3. Documented and undocumented alien alien - CORRECT ANSWERS-any person lacking citizenship or status as a national of the US Labor Management Reporting and Disclosure Act (Landrum-Griffin Act), LMRDA, (1959) - CORRECT ANSWERS---This is the union regulatory act that outlines procedures for redressing internal union problems --Protects the rights of union members from corrupt or discriminatory labor practices and applies to all union organizations:
4. Must conduct secret elections- the results of which can be reviewed by the US Dept of Labor for fairness
5. Bill of rights that guarantees union members the right to free speech and to abide by equal rights for all, and periodic secret elections*
6. convicted felons and members of the communist party cannot hold office in any union
7. requires annual financial reporting from unions to the Dept of Labor
8. all union officials have a fiduciary responsibility in managing union assets and conducting the business of the union
9. union power to place subordinate organizations in trusteeship is limited
10. minimum standards for union disciplinary action against its members are provided Equal Pay Act (1963) - CORRECT ANSWERS---prohibits discrimination in pay, employee benefits, and pensions based on gender for employees doing equal work. --Equal work is defined as jobs that require substantially the same skill, effort, and responsibility under similar working conditions and in the same location.

--Employers do not violate the provisions of the EPA when they base wage differences on anything other than gender such as seniority, merit, or incentive pay plans. --This is an amendment to the Civil Rights Act, Title VII and is administered by the Equal Employment Opportunity Commission (EEOC). Equal Opportunity Employment Commission (EEOC) - CORRECT ANSWERS--- federal agency that administers and enforces civil rights laws against workplace discrimination McNamara-O'hara Service Contract Act (1965) - CORRECT ANSWERS--- applies to federal contractors and subcontractors offering goods and services to the government --calls for payment of prevailing wages and benefits to all employees providing service under the agreement

1. applies to contract values in excess of 2,500*
2. enforced by the wage and hour division in the US Department of Labor
3. the safety and health requirements are enforced by the Occupational Safety and Health Administration also an agency within the Department of Labor Age Discrimination in Employment Act, ADEA (1967) - CORRECT ANSWERS--- covers workers forty years of age or older, no upper age limit --no person may be discriminated against in any aspect of the employment relationship- hiring, firing, seniority, demotions, etc --designed to favor those who are older (ie 57 yr old over 47 yr old) --applies to employers with 20 or more employees Consumer Credit Protection Act (1968) - CORRECT ANSWERS---limits to the amount of wages that can be garnished or withheld by an employer to satisfy creditors --prohibits employee firing because of garnishment from any one factor of indebtedness (limits apply to single creditors individually, not multiple) Fair Credit Reporting Act (FCRA) (1970) - CORRECT ANSWERS---amended in 2011 --regulates the collection, dissemination, and use of consumer information including consumer credit information --Requires employers to notify any individual in writing if a credit report may be used in making an employment decision --Employers must get a written authorization from the individual before asking a credit bureau for a credit report --Protects the privacy of background investigations and provides methods for ensuring that information is accurate and complete --Employers who take adverse action against a job applicant or current employee based on information contained in the prospective or current

employee's consumer credit report will have additional disclosures to make to that individual Equal Employment Opportunity Act, EEOA (1972) - CORRECT ANSWERS--- amendment to Civil Rights Act of 1964 by redefining some terms --required a new employment poster for all subject work locations explaining that equal employment opportunity is the law Rehabilitation Act (1973) - CORRECT ANSWERS---amended 1983 --forerunner of the ADA of 1990 --first law that used the word handicapped, later modified the term to disabled --only applied to federal government workers and contractors with contracts in excess of $10, --3 important sections:

1. section 501: requires non-discrimination and affirmative action in hiring disabled workers by all federal agencies within the executive branch
2. section 503 requires non-discrimination and affirmative action by federal contractors and subcontractors with contracts valued at 10,000 and more
3. section 504 requires employers subject to the law to provide reasonable accommodation for disabled individuals who can perform the major job duties with or without a reasonable accommodation Employee Retirement Income Security Act (1974) - CORRECT ANSWERS--- Governs how pension plans are managed --Establishes uniform minimum standards to ensure that employee benefit plans are established and maintained in a fair and discriminatory-free and financially sound manner --Protects employees covered by plan from losses in benefits due to job changes, plant closings, bankruptcies, or mismanagement --Protects plan beneficiaries --Covers most employers engaged in interstate commerce --Does not cover public employee and churches Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) (1974) - CORRECT ANSWERS---these requirements apply to all federal contractors with a contract valued at $25,000 or more --requires all employers subject to the law to post their job openings with their local state employment service. 3 exceptions to that requirement: jobs that will last three days or less, jobs that will be filled by an internal candidate, and jobs that are senior executive level management --affirmative action outreach in recruiting the veterans are required for federal contractors meeting the contract value threshold

Copyright Act (1976) - CORRECT ANSWERS---offers protection for "original works of authorship fixed in any tangible medium of expression" so that others may not print, distribute, duplicate, or sell works --materials are automatically protected by U.S. copyright law from the moment they are first printed or saved electronically. --may be filed, but is only necessary in order to file a suit for infringement. --1998 extended this law Copyright Term Extension Act (1998) - CORRECT ANSWERS---for duration of author's life plus 70 years for general copyright works, and 95 years for works made for hire and works copyrighted before 1978 --this can impact all written works including emails etc *HR relevance- should have detailed contract on whether employer or employee holds copyright. HR is responsible for all materials that get used, distributed for or by its company. Mine Safety and Health Act, MSHA (1977) - CORRECT ANSWERS---brought all coal, metal, and nonmetal mining operations under the Dept of Labor jurisdiction --Regulations and safety procedures for the coal mining industry were not altered, just carried into the new agency for oversight --All mines are covered if they are involved in commerce --employees must be provided with certain protective equipment while working in a mine, devices related to respiration and fire prevention amongst other protections --Employers must inspect their worksites and document the results reflecting hazards, and actions taken to reduce or eliminate them. --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. Must have written emergency response plans, emergency mappings, exits, and rescue procedures. --Must maintain individual employee exposure records. --Each mine operator is required to conduct surveys of mine exposures and hazards, a plan to deal with those problems, and a record of the results. -MSHA standards: the agency enforces mine safety standards that involve ventilation, chemical exposure, noise, forklifts, and other mining equipment, mine, shoring and much more. Material Safety Data Sheets are heavily emphasized, regulated, and required in mining operations -MSHA enforcement: team of federal inspectors conduct on-site audits of mining operations. Has authority to cite mine operators for violations of its regulations which can carry a $1000/day penalty in some circumstances Pregnancy Discrimination Act (1978) - CORRECT ANSWERS---amended the Civil Rights Act of 1964

--defined pregnancy as protected within the definition of sex for the purpose of coverage under the Civil Rights Act --Prohibits employers from illegally discriminating against an employee because of pregnancy --defines pregnancy as a temporary disability, and requires accommodation on the job if necessary, and guarantees the employee rights to return to work to the same job, same position, with the same pay following her pregnancy --applies to employers with 15 or more employees Uniform Guidelines on Selection procedures, UGESP (1978) - CORRECT ANSWERS---covers employers with 15 or more people on the payroll --details a set of requirements on how to prevent discrimination in the workplace --two types of illegal employment discrimination:

1. adverse or disparate treatment- bad treatment, being singled out, being harassed
2. adverse or disparate impact- results from policies having a statistically adverse impact on a specific group of people. --requires that all steps in a hiring decision be validated. validity of a selection device can be determined through a validity study or by applying a job analysis to demonstrate the specific relationship between a selection device and the job requirements. selection devices include things such as: a written test, an oral test, and interview, a requirement to write something for consideration, or a physical ability test. --prohibits Instituting a test without justification that it is a prerequisite of the job, or BFOQ. --established four-fifths rule ** BFOQ - CORRECT ANSWERS-bona fide occupational qualification, prerequisite of the job Revenue Act (1978) - CORRECT ANSWERS---added two sections to the Internal Revenue tax code relevant to employee benefits :
3. Section 125: cafeteria benefit plans
4. Section 401 K: originally a pre-tax savings program for private sector employees known as IRAs --subsequently expanded to a second plan known as a Roth IRA IRA - CORRECT ANSWERS-individual retirement account Guidelines on Discrimination Because of Sex (1980) - CORRECT ANSWERS--- first attempt at warding off unwanted sexual behavior in the workplace --established very primitive guidelines to help employers understand what constituted harassment

Retirement Equity Act (1984) - CORRECT ANSWERS---amendment to ERISA --provides certain legal protections for spouses in regard to their benefits of qualified retirement plans --prohibits changes to retirement plan elections, spousal beneficiary designations, or in-service withdraws without the consent of the spouse Electronic Communications Privacy Act (1986) - CORRECT ANSWERS---Unique law comprised of two pieces of legislation (Wiretap Act and Stored Communications Act) that provide rules for access, use, disclosure, interpretation and privacy protections of electronic communications and they provide the possibility of civil and criminal penalties for violations. --Prohibit interception of email and transmissions and access to emails and storage. *HR relevance: has to do with recording employee conversations involved in personal business. Warnings and notice must be given. If given employees have no expectation of privacy during the time they are in the workplace Immigration Reform and Control Act, IRCA (1986) - CORRECT ANSWERS--- requires new employees to prove both their identity and their rights to work in this country --Regulations implementing this law created the form I-9 which must be completed by each new employee and employer; Document retention requirements associated with I- --Prohibits discrimination of job applicants on the basis of national origin or citizenship, but establishes penalties for employers who hire illegal aliens knowingly Tax Reform Act (1986) - CORRECT ANSWERS---made extensive changes to the IRS tax code including a reduction in tax brackets, change in tax rates for individuals, payroll withholdings, many passive losses and tax shelters were eliminated, and changes were made to the alternative minimum tax computation --Required all dependent children to have Social Security numbers *HR relevance: answers to employee questions about the number of exemptions to claim on their form w-4 are greatly influenced by this requirement for dependent Social Security numbers Workforce Investment Act (1988) - CORRECT ANSWERS---amended the Wagner-Peyser Act of 1933 --created the "one-stop centers" within employment service offices --federal government contracts with States to run the Employment Services offices and one-stop centers funds are allocated to States based on a complicated formula

Employee Polygraph Protection Act (1988) - CORRECT ANSWERS---Effects job applicants to federal employees and anyone engaged in interstate commerce. --exceptions are made for certain situations including law enforcement and national security. --Many states now prohibit use of lie detector test Americans with Disabilities Act, ADA (1990) - CORRECT ANSWERS---Title I: all workers on the payroll may not discriminate against a physically or mentally disabled individual in recruitment, hiring, promotions, training, pay, social activities, or any other aspects of the employment relationship --qualified individuals with a disability who can perform the essential functions of the job are to be treated as other job applicants and employees are treated. --reasonable accommodation required --effective for employers with 15 or more employees --amended in 2008 Unemployment Compensation Amendments UCA (1992) - CORRECT ANSWERS---established 20% as the amount to be withheld from payment of employee savings account when leaving an employer and not placing the funds, rolling over the funds into another tax approved IRA or 401k Omnibus Budget Reconciliation Act (OBRA) (1993) - CORRECT ANSWERS--- Reduces compensation limits in qualified retirement plans and triggers increased activity in various non qualified retirement plans based on a set of circumstances Uniformed Services Employment and Reemployment Rights Act , USERRA (1994) *** - CORRECT ANSWERS---protects the employment, reemployment, and retention of anyone who voluntarily or involuntarily serves or has served in the uniformed services --Requires that employers continue paying for the employee's benefits to the extent they paid for those benefits before the employee was called to duty for first month, health coverage may be offered at employees expense after that up to 24 months --Requires that employers continue giving credit for length of service including time spent in military service incl seniority benefits (raises, promotions etc) --details parameters for how long after being released from active duty military an employee may wait to engage the employer in return to work conversations --covers all eight US military services and other uniformed services --employees must give 30 days notice if possible, covers for up to 5 yr of unpaid leave

Small Business Job Protection Act (1996) - CORRECT ANSWERS---increased federal minimum wage levels --provided some tax incentives to small business owners to protect jobs and increase take-home pay --amended the portal-to-portal Act for employees who use employer owned vehicles --created the simple 401k retirement plan to make pension plans easier for small businesses --other tax incentives created by this law include:

1. employee education incentives: allowed small business owners to exclude up to 5,250 from an employee's taxable income for educational assistance provided to the employee
2. increased the maximum amount of capital expense allowed for a small business to 7,000 per year
3. replaced the targeted job tax credit with the Work Opportunity Tax Credit
4. provided a tax credit to individuals who adopted a child up to 5,000 per child and a tax credit of up to 6000 for adoption of a child with special needs Health Insurance Portability and Accountability Act, HIPAA (1996) - CORRECT ANSWERS---Ensures that individuals who leave or lose their jobs can obtain health coverage even if they or someone in their family has a serious illness or injury or is pregnant --Provides serious privacy requirements related to medical records for individuals as young as 12 --Limits exclusions for pre-existing conditions and guarantees renewability of health coverage to employers and employees allowing people to change jobs without the worry of loss of coverage --Restricts the ability of employers to impose at-work requirements as preconditions for health plan eligibility as well as other benefits --Very strict emphasis on need of authorization from an employee to share their health information with any third party deemed appropriate by an employer PHI - CORRECT ANSWERS-private health information Personal Responsibility and Work Opportunity Reconciliation Act (1996) - CORRECT ANSWERS---requires all states to establish and maintain a new hire reporting system --the system is designed to get child support payments in order --there's a new hire reporting line locally and federally, and you have about 21 days to report someone when they start to work to ensure that benefits are streamlined Work Opportunity Tax Credit, WOTC (1996) - CORRECT ANSWERS---provides federal income tax credits to employers who hire from certain targeted groups of job seekers who face employment **

--the amount of tax credit is adjusted from time to time, currently it stands at 9600 per employee Tax Payer Relief Act (1997) - CORRECT ANSWERS---Create new savings programs called Roth IRAs and education IRAs to give taxpayers a ways to lower their tax payments during retirement Foreign Corrupt Practices Act, FCPA (1997) - CORRECT ANSWERS---Prohibits American companies from making bribery payments to foreign officials for the purpose of obtaining or keeping business --Any suspicious payments that go overseas to any foreign company or its employees are looked at harshly and suspiciously by the government *HR relevance: Training for employees who are involved with international negotiations should include a warning to avoid anything even looking like bribery to a government official Needlestick Safety and Prevention Act, NSPA (2000) - CORRECT ANSWERS--- Modifies the OSH Act by introducing a new group of requirements in the medical community. --The law provides rules relating to handling sharps, disposing of them, and encouraging invention of new devices that will reduce or eliminate the risk associated with injury due to sharps. --Sharp injuries are to be recorded on the OSHA form 300 log with "privacy case" listed and not the employee's name -Primary objective: reducing the amount or injury and subsequent illness due to puncture, stab, or cut wounds --There are communication requirements associated with employment poster content. sharps - CORRECT ANSWERS-as defined for the Needlestick Safety and Prevention Act: Needles, puncture devices, knives, scalpels, and other tools that can harm the person using them or someone else Economic Growth and Tax Relief Reconciliation Act (2001) - CORRECT ANSWERS---Modifications to the internal revenue code and adjusting pension vesting schedules, increasing retirement plan limits, pretax catch-up contribution by participants older than 50, and modifying distribution and rollover IRS Intermediate Sanctions, 2002 - CORRECT ANSWERS---Guidelines for reasonable compensation for executives of nonprofit organizations --Enacted by the IRS and applied to nonprofit organizations that engage in transaction to the benefit of a disqualified person within the organization --Allows IRS to impose penalties when it determines that top officials have received excessive compensation from their organizations. Intermediate

sanctions may be imposed in addition to or instead of revocation of the exempt status of the organization Sarbanes-Oxley Act, SOX or SARBOX (2002) *** - CORRECT ANSWERS---set new or expanded requirements for all U.S. public company boards, management and public accounting firms --covers executive responsibility for corporate financial reports, adds criminal penalties for certain misconduct, and requires the SEC to create regulations to define how public corporations are to comply with the law --Title VIII provides protections for corporate whistleblowers --created Public Company Accounting Oversight Board which oversees independent auditing Public Company Accounting oversight Board (PCAOB) - CORRECT ANSWERS- nonprofit corporation created by the Sarbanes-Oxley Act to oversee accounting professionals who provide independent audit reports for publicly traded companies. Fair and Accurate Credit Transactions Act, FACT Act (2003) - CORRECT ANSWERS---Financial privacy of employees and job applicants was enhanced with these amendments to the Fair Credit Reporting Act providing for certain requirements in third part investigations of employee misconduct --Employers are released from obligations to disclose requirements and obtain employee consent IF the investigation involves suspected misconduct, a violation of the law or regulations, or a violation of pre-existing employment policies. --A written plan to prevent identity theft is required in all such situations Pension Protection Act, PPA (2006) - CORRECT ANSWERS--- amendment to ERISA -strengthen pension system by increasing minimum funding requirements -Requires employers that have underfunded plans to pay a higher premium to the Pension Benefit Guarantee Corporation (PBGC) Pension Benefit Guarantee Corporation (PBGC) - CORRECT ANSWERS--- federally funded corporation to make sure that all pension plans offered from employers on behalf of employees are funded properly --regulates all aspects of benefit plans --illegal to offer benefits without financial backing to follow through --requires that employers have intact and secured funding Americans with Disabilities Act Amendments Act, ADAAA (2008) - CORRECT ANSWERS---three ways to trigger the ADA to become effective, if a person:

1. has a physical or mental impairment that substantially limits one or more major life activities
2. has a record of being substantially limited, a record in any capacity

3. is regarded by you or someone else in your social circuit as having a disability --need to make reasonable accommodations unless making that reasonable accommodation would present an undue hardship considering all factors involved --Post job offer- employer is required to address and to enter into a mutual dialogue about how they can accommodate a disability --EEOC procedures prohibit employers from inviting job applicants to identify their disability status prior to receiving a job offer --federal regulations related to affirmative action requirements for disabled workers require contractors to invite job applicants to identify their status as disabled and then provide the same invitation to identify themselves once they've been hired and also conduct a survey of the entire employee population every 5 years with an invitation to self-identify as disabled --ADA enforcement: the Equal Employment Opportunity Commission enforces Title I Older Worker Benefit Protection Act, OWBPA (1988) - CORRECT ANSWERS--- amendment to ADEA --prohibits using an employee's age as the basis for discrimination in provision of benefits or in layoffs, targeting older workers during staff reductions, and requiring older workers to waive their rights without the opportunity for review with legal advising --anyone who is a senior citizen cannot be targeted for a layoff --mandates that an older employee sign a release from age discrimination claims. the release has been set up so that employees won't unknowingly sign away their right to sue or to bring an age discrimination claim if they need to. Occupational Safety and Health Act, OSH (1970) - CORRECT ANSWERS-- Created administrative agency within the US Dept of Labor called OSHA -Also created the National Institute of Occupational Safety and Health (NIOSH) which resides in the Centers for Disease Control. Fair Labor Standards Act,FLSA (1938) *** - CORRECT ANSWERS--aka Wage and Hour Law -established employee classification, regulated minimum wage, overtime pay (time and a half, beyond 40 hour 7 day workweek), on-call pay, associated record-keeping, and prohibited most employment of minors "child labor laws" -Employers covered: most government agencies and private sector employers, including companies with employees involved in interstate commerce, employers with $500,000 or more in annual sales, and those caring for physically or mentally ill, aging, and educational institutions -First federal law to require employers to maintain records on employee race and sex identification

-extensive Record keeping requirements: whether a job is exempt or non- exempt from the overtime pay requirement, detailed records of non-exempt employees workday Enforcement: Provisions are enforced by the US Dept of Labor's Wage and Hour Division. Genetic Information Nondiscrimination Act, GINA (2008) - CORRECT ANSWERS---prohibits employers from using genetic information to make employment decisions --prohibited use of genetic information to determine who would likely have expensive diseases in the future to make decisions to exclude applicants/employees from hiring or enrollment in medical insurance program --went into effect January 1st of 2009 --applies to employers with 15 or more employees Health Information Technology for Economic and Clinical Health, HITECH Act (2009) - CORRECT ANSWERS---Anyone with custody of personal health records must send notification to affected individuals if their personal health records have been disclosed to any unauthorized person --Enacted as part of the American Recovery and Reinvestment Act (ARRA) --made several important changes to the HIPAA including the establishment of a federal standard for security breach notifications that require covered entities to take action in the event of a breach of any personal health information to notify each individual whose PHI has been disclosed without authorization. Lilly Ledbetter Fair Pay Act (2009) - CORRECT ANSWERS---President Obama --amended the Civil Rights Act of 1964 --deals with the subject of discriminatory paychecks - statute of limitations was originally 180 days. this law allows that the last discriminatory paycheck you receive extends the deadline of when you can file, so with each discriminatory paycheck the clock starts over Dodd-Frank Wall Street and Consumer Protection Act (2010) - CORRECT ANSWERS---Wide range of mandates effecting all financial regulatory agencies and almost every part of the US financial industry --Include non binding vote for shareholders on executive compensation, golden parachute policies and guidelines, and return of executive compensation based on inaccurate financial statements --requirements to report CEO pay compared to the average employee compensation rate, and provisions of financial rewards for whistleblowers --holds chief level execs accountable based on financial statements and policies as they are applied

FAA Modernization and Reform act (2012) - CORRECT ANSWERS---Amend Railway Labor Act to change union certification election processes in the railroad and airline industries and impose greater oversight of the regulatory activities of the national mediation board --Requires the Government Accountability Office (GAO) initially to evaluate the NMB certification procedures and then audit the NMB's operations every two years (make sure the union dues are being appropriated as intended) Government Accountability Office (GAO) - CORRECT ANSWERS-evaluate the NMB certification procedures and then audit the NMB's operations every two years American Recovery and Reinvestment Act, ARRA (2009) - CORRECT ANSWERS---purpose to create government infrastructure projects in an attempt to reemploy workers who had become unemployed since the Great Recession which began in 2007 going into 2008 --it applied to individuals who experienced involuntary terminations prior to May 31st of 2010 --it modified HIPAA privacy rules a little bit - applies HIPAA Security and Privacy requirements to business associates (defined under ARRA as individuals or organizations who transmit protected medical data , store, process that data or in any way have contact with private medical information). ALL parties are responsible for proper handling and compliance with the HIPAA rules, even individuals, ie file clerks Consolidated Omnibus Budget Reconciliation Act, COBRA (1986 ) - CORRECT ANSWERS---amendment to ERISA --requires employers with large group health insurance plans to offer terminating employees the opportunity to continue their health plan coverage for up to 18-36mos after they are no longer on the payroll or if they no longer qualify for benefits --cost may be at group rates and the employer can add a small administrative service fee, max of 2 percent , to a person's responsibility --many employers turn these programs over to vendors who administer the COBRA benefits for them --applies to employers with 20 or more employees Affirmative Action, Executive Order 11246 (1965) - CORRECT ANSWERS--- aimed to eliminate discrimination in the workplace --1965 President LBJ added implementation that enforced the Civil Rights Act by requiring affirmative action programs from federal contractors -- if a company wanted to receive revenue by contracting with the federal government it would have to implement Equal Employment Opportunity and establish outreach programs for minorities and women --federal contractors must meet several conditions:

1. abide by a set of rules known as the Federal Acquisition Regulation FAR

2. affirmative action for the disabled and veterans --any business that doesn't want to abide by these requirements can make the business decision to abandon federal revenues and contracts Office of Federal Compliance Programs (OFCCP) - CORRECT ANSWERS---law enforcement agency that currently has responsibility for enforcing the executive order 11246 (affirmative action) along with other laws Civil Rights Act (1866) - CORRECT ANSWERS---covers all employers --statute of limitations on it is 4 years as opposed to 2 years under Title 7 of the 1964 Act --specifically targets racial discrimination --enforced only by private lawsuits Civil Rights Act (1871) - CORRECT ANSWERS---all employers acting "under color of law" are covered --those exercising federally protected rights are the targets --this law protects against anyone using the government in a malicious or inappropriate way to discriminate --statute of limitations on it is 4 years as opposed to 2 years under Title 7 of the 1964 Act --enforced only by private lawsuits Civil Rights Act, Title VII (1964) - CORRECT ANSWERS---Five protected classes: race, sex, color, religion, and national origin --some state or local may expand to include sexual orientation --2 yr statute of limitations --applies to employers with 15 or more employees --exceptions: BFOQs, inability to perform essential job functions, seniority systems already in place Family Medical Leave Act, FMLA (1993) - CORRECT ANSWERS-- employers with 50 or more people on their payroll are required to permit FMLA leaves of absences for their workers -provides leaves lasting up to 12 weeks (or 26 for military caregiver) in a 12- month period, unpaid unless an employer has a policy to pay for it. the 12- month period begins on the first day of leave, can be taken intermittently -employees must have one full year of service (and 1250 hours over the last year) to qualify -covers birth, adoption, foster-care, serious illness of self, spouse, child, parent, and qualifying exigency -FMLA provides for light duty assignments upon return. -a medical certification process is part of the new provision Department of Labor regulations -enforced by EEOC

Patient Protection and Affordable Care Act, PPACA (2010) - CORRECT ANSWERS--signed by President Obama -commonly referred to as the Affordable Care Act (ACA) or Obamacare -created health insurance trading centers in each state where employees and those who are unemployed can shop for health insurance coverage. these trading centers are the american health benefit exchanges and Small business Health Options Program (SHOP) -individuals, businesses, and organizations with less than a hundred workers can purchase insurance directly through these exchanges. -applies to employers with 50 or more full-time workers on payroll. employers with fewer than 50 full-time workers are exempt -effective January 1st of 2014, covered employers have been required to provide minimum health insurance coverage to their full-time employees or face a fine of about $2,000 per employee excluding the first 30 days from the assessment. -employers with fewer than 25 employees will receive a tax credit if they provide insurance to their workers -Employees must work 30 hours to be eligible Executive Order 13706 (2015) - CORRECT ANSWERS--paid sick leave for federal contractors -federal contractors are directed to provide up to 56 hours of paid sick leave annually -the leave is accrued at the rate of an hour for every 30 hours worked. it may be carried over from year to year Civil Service Reform Act, Federal Labor Relations Statute (1978) - CORRECT ANSWERS-Title VII: -allows certain non postal federal employees to organize, bargain collectively, and to participate through the labor organizations of their choice in decisions affecting their working lives. -permits covered employees to negotiate working conditions -does not permit negotiation of wages, hours, employee benefits, and classification of job. -does not allow employees to strike, only permits informational picketing --eliminated the u.s. Civil Service Commission and created three new agencies to take its place: The Office of Personnel Management , The Merit Systems Protection Board, The Federal Labor Relations Authority. Office of Personnel Management, OPM - CORRECT ANSWERS-this is the executive branch's Human Resources Department. it handles all HR related issues for agencies reporting to the US president Merit Systems Protection Board, MSPB - CORRECT ANSWERS-prohibits consideration of marital status, political activity, or political affiliation in dealing with federal civilian employees. it also acts as a filter for politically

active employees who are employed with the federal government it also created The Office of Special Counsel Office of Special Counsel - CORRECT ANSWERS-accepts employee complaints and investigates them as they relate to members of the executive branch , subunit of MSPB Federal Labor Relations Authority, FLRA - CORRECT ANSWERS-agency that enforces federal civilian employee rights to form unions and bargain with their agencies. it establishes standards of behavior for union officers and these standards are enforced by the office of labor management standards in the US Department of Labor Congressional Accountability Act (1995) - CORRECT ANSWERS--requires Congress, legislative branch, and its affiliated agencies to abide by 12 specific laws that already applied to other employers in and out of the government: the Americans with Disabilities Act of 1990, the age discrimination and Employment Act of 1967, the employee polygraph Protection Act of 1988, Federal service labor-management relations statute Rehabilitation Act of 1973, the Civil Rights Act of 1964 aka title 7, the Fair Labor Standards Act of 1938, Family and Medical Leave Act of 1993, the Occupational Safety and Health Act of 1970, veterans employment opportunities Act of 1998, worker adjustment and Retraining Notification Act of 1988, Occupational Safety and Health Act of 1970 False Claims Act (1863) - CORRECT ANSWERS--referred to as the Lincoln Law -prohibits such dishonest transactions -prohibits making and using false records to get claims paid -prohibits selling to the government goods that are known to be defective -prohibits forging records of any kind Homeland Security Act (2002) - CORRECT ANSWERS--cabinet-level organization of the Department of Homeland Security -created to consolidate security efforts related to protecting US geography, Immigration and Customs Enforcement aka ICE, as part of the department. -the e-verify system resides here. used by federal contractors as part of their affirmative action obligations and other private employers on a voluntary basis, the system is intended to assist in rapid verification of Social Security numbers and confirm that the individual attached to the social security number has a valid right to work in the US Privacy Act (1974) - CORRECT ANSWERS--provides that governmental agencies must make known to the public their data collection activities and storage practices, and must provide copies of pertinent records to the

individual citizen when an individual requests how their information is being used. -exemptions: law enforcement, congressional investigations, census, or archival purposes use. in all there are 12 statutory exemptions from disclosure requirements "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" Act, The USA Patriot Act (2001) - CORRECT ANSWERS--passed immediately following the 9/11/01 -it gives the government party to intercept wire, oral, and electronic communications relating to terrorism, Computer Fraud, large-scale abuses, and injustices as perceived against the government or the welfare of the people -it also provides the authorization for collecting agencies to share the information they collect in the interests of law enforcement -it protects also the collection and release of personal identifying information about one or more employees when the need arises in the interest of justice Worker Adjustment and Retraining Act, WARN or WARNA, (1988) - CORRECT ANSWERS--required to submit annual reports to the government summarizing their race and sex demographics if employer has 100 or more employees

• qualifying employer: has a hundred or more full-time employees who in the aggregate of the year work at least 4,000 hours per week exclusive of overtime hours. -the law requires 60 days advance notice to employees of plant closings or mass layoffs -any employment loss of 50 or more people, excluding part-time workers, is considered a trigger event to activate the requirements E Visas - CORRECT ANSWERS-Non-immigrant Visas E1 Visa - CORRECT ANSWERS-Treaty Traders Visa -treaty trader is an individual who must be a citizen of the treaty country wherever its coming from there must be substantial trade and the trade must be principally with the treaty country and not as a pretext for another country -the individual must have executive, supervisory, or oversight and managerial skills which he exercises in the treaty and the individual must intend to depart the United States once the treaty trading is done E2 Visa - CORRECT ANSWERS-Treaty Investors Visa -must be a citizen of the treaty country and be invested personally in their enterprise -the business must be a bona fide enterprise and not marginal -the investment must be substantial

-must have executive, supervisory, and managerial skills and must be in exercise of them -must direct and develop the enterprise on a personal level ( they have to have stock in it and they are going to be held responsible if something goes wrong) -must depart the United States when the investment is concluded H Visas - CORRECT ANSWERS-Specialty or Educational Visas -available to employers and employees for specialized talent or educational requirements H1B Visa - CORRECT ANSWERS-Special Occupations and Fashion Models Visa -require a bachelor's or higher degree or its equivalent -job must be so complex that it can be performed only by a person with this degree or certification or skill -employer normally requires a degree for this type of job but it is not required for fashion models because they are the unique irreplaceable package and so it's considered a specialty type of visa H1C Visa - CORRECT ANSWERS-Registered Nurse in Health Shortage Visa -requires a full and unrestricted nursing license in the country where the nursing education was obtained or must have received nursing education and licensing in the United States -requires that you have appropriate authorization from the US State Board of Nursing to practice within the United States -requires that you have passed the examination given by the Commission on Graduates for Florida Nursing Schools, CGFNS, or have a full and unrestricted license to practice as a registered nurse in the state where you work -must have already completed your certification , not in progress H2A Visa - CORRECT ANSWERS-Agricultural Workers Visa -common, temporary agricultural workers visa -employer must be able to demonstrate that there are not sufficient US workers who are able, willing, and qualified to do the temporary seasonal work -employer must also show that the employment of H2A workers will not adversely affect wages and working conditions of similarly employed US workers H2B Visa - CORRECT ANSWERS-Temporary Non-Agricultural Workers Visa -employer must show that there are not enough US workers who are able, willing, and ready, and qualified to do the temporary work -must show that the employment of these workers will not in any way adversely affect the wages and working conditions of similarly situated employees already in the US the employer

-**employers must show that the need for the prospective worker services is temporary in nature regardless of whether the underlying job can be described as temporary H3 Visa - CORRECT ANSWERS-Non-immigrant Trainee Visa -must be trainees receiving training in any field of endeavor, other than graduate medical training, which is not available in their home country or they must be a special education exchange visitor who will participate in a special education training program focused on the education of children with mental physical or emotional disabilities -due to qualified special education personnel in the United States this is a very flexible visa option that a trainee who is learning to deal with the mentally handicapped can use to come and complete their education -employees must be trainees themselves in the field of study with a specialization rather than just as a part of their curriculum L1 Visa - CORRECT ANSWERS-Intracompany Transfer Visa -allows a qualifying organization to move an employee from one qualifying country into the United States for a temporary assignment that is either managerial in nature or that requires some form of specialized knowledge L1A Visa - CORRECT ANSWERS-Managers and Executives Visa -intra-company transferee that is coming to the United States to work in a managerial or executive high-level capacity position -the maximum stay in the United States under this visa is 7 years L1B Visa - CORRECT ANSWERS-Specialized Knowledge Visa -someone with specialized knowledge of the employers product, service, research, equipment, techniques, management, or some other niche or interest, the application of which is somewhat hard to come by -used a lot in international markets or in an advanced level of technology or some field of expertise whereby specialized knowledge is needed -may only stay in the United States for a maximum of 5 years O1 Visa - CORRECT ANSWERS-Alien of Extraordinary Ability Visa -extraordinary ability in arts and sciences, education, business, or athletics -have a level of expertise indicating that they are among the very small percentage of elite performers who have risen to the top of their field -alternatively they represent extraordinary achievement in motion picture or television products -tend to be famous figures and persons like movie stars, radio commentators, and people who are well-known, or they might have extraordinary abilities and distinction in the arts P Visas - CORRECT ANSWERS-seven variations of athletics based or art based visas

P1A Visa - CORRECT ANSWERS-Athletics Visa -individual who is highly competent and skilled in athletics for athletic teams or a part of an athletic team P1B Visa - CORRECT ANSWERS-Entertainment groups Visa P1S Visa - CORRECT ANSWERS-essential support needed for P1A and P1B Visa P2 Visa - CORRECT ANSWERS-Exchange program Visa -artist or entertainer under a reciprocal exchange program P2S Visa - CORRECT ANSWERS-essential support needed for P2 Visa P3 Visa - CORRECT ANSWERS-Artist Sponsored Visa -artist or an entertainer under a culturally unique program P3S Visa - CORRECT ANSWERS-essential support needed for P3 EB Visas - CORRECT ANSWERS-Employment Based Visas -five levels of employment-based visas prioritized so that once the first level immigrant applicants are processed, the next level of priority will be considered and so on until the maximum allotment of visas is reached (in recent years about a 140,000 employment- based visas were permitted each year. there is a regulation on that but it's usually done by industry. it's not something that HR professionals are generally going to be required to have a hand in) EB1 Visa - CORRECT ANSWERS-Extraordinary Ability or Acclaim Visa -employer must demonstrate that the alien has extraordinary abilities in the arts, sciences, the field of education, business, or athletics which has been demonstrated by sustained national or international acclaim, record setters not just celebrity -must be recognized in a field through extensive documentation -the work to be done in the US must continue in the individuals area of extraordinary ability and benefit the US either through publicity or through commerce -28.6% of the total employment base visas are allocated to this category EB2 Visa - CORRECT ANSWERS-Extraordinary Ability (Intellectual) -classification that applies to any job that requires advanced degrees or persons of intellectual exceptional ability EB3 Visa - CORRECT ANSWERS-Skilled workers / Sponsored Workers