US Labor Laws: Comprehensive Questions and Answers for APHR Exam, Exams of Human Resource Management

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CCPA - ✔✔A federal law that protects consumers against lenders. It requires a that lenders reveal the actual cost of borrowing, in a language the consumer understands. GINA - ✔✔Prevents health insurance companies from denying or up-charging coverage because of genetic predisposition to illness. Also prevents employers from using this info to fire, hire, or promote employees. This is enforced by the EEOC. FUTA - ✔✔allocates money paid by employees, collected by employers, and then given to the state to fund unemployment. Allows people to claim unemployment insurance. ERISA - ✔✔enacted to ensure that the money individuals put into retirement is guaranteed. The DOL is responsible for applying and protecting these provisions. Employees are not required to have a retirement plan. HIPAA - ✔✔enacted to protect the confidentiality and security of individuals' health info. Proper shredding of documents is necessary to prevent misuse. WARN - ✔✔Overseen by the DOL, protects workers and families in case of major layoffs. Mandates that businesses operating with over 100+ employees must give no less that 60 days notice before a plant closes or creates layoffs. The only exception would be an unforeseen situation or natural disaster (no notice required) USERRA - ✔✔protects service members from being discriminated against because of military status. Regulated by VETS. Requires that anyone who leaves is able to come back to a job they held and receive the same pay/benefits. PCA PCA - ✔✔enacted and amended to set legal guidelines for contract work. Anything over $15,000 per year sets the minimum wage and the max. hours worked for health and safety standards. OSHA - ✔✔Enacted to federally regulate health and safety standards in the workplace. DOL is responsible for tracking and inspecting workplaces for OSHA compliance.

PPACA - ✔✔Uses both public and private health insurance coverage, and makes provisions to expand eligibility under Medicaid and Medicare. All employers with 50+ employees must offer health insurance by law. LMRDA - ✔✔enacted to protect the money and assets of labor organizations NLRA - ✔✔enacted to define employer/employee rights, including the right to bargain, strike, file grievances, or negotiate. This law allows both employers and employees to rectify unfair wages/compensation or unsafe working conditions. EPPA - ✔✔bans the majority of employers using lie detector tests as part of their hiring process. The law mandates that employees cannot be fired, disciplined, or discriminated against in regards to hiring. EPA - ✔✔enacted to outlaw wage discrimination based on sex as a means of earning equity in the same fields, hold the same positions, similar working conditions and put in similar efforts. FMLA - ✔✔accords job protection for all employees who work 1,250 hours minimum in 12 months if they need to take leave for family/medical reasons. FCRA - ✔✔Regulates the collection and use of consumer credit information. the FTC collects, uses and distributes that info). Anyone requesting this info must prove they are permitted to do so with written consent. FLSA - ✔✔sets the minimum wage/pay for Overtime. Also defines what employees are covered under or exempt from this law. Work hours covered under this law include training, meetings, and on call hours. Work related travel time, rest periods, meals, and legally mandated breaks. FECA - ✔✔sets the laws for workers to receive benefits and comp. if they are injured on the job. They will receive coverage for medical expenses, compensation of any loss in wages, and provide payment to the dependents if they die from work related injury

FICA - ✔✔legally established the taxes that fund Medicare and social security. The law requires that employers withdraw the right amount for social security from the employee paychecks and submit it to the proper government agencies. ADA - ✔✔Prohibits discrimination against individuals w/ disabilities pertaining to application, interviewing, hiring, training, promotions, or firing. Takes place in all areas of employment (private, state, etc.) ADEA - ✔✔prevents discrimination in hiring, application, etc. against those 40 years and up. Does not apply if the person is not well suited for the position Title VII of the Civil Rights Act of 1964 - ✔✔an employer w/ 15+ employees may not discriminate against skin, gender, national origin, pregnancy, race, religion, or sexual orientation. COBRA - ✔✔grants employees w/ the choice to keep health insurance coverage when it would typically be lost due to temporary layoffs, job loss, hour cutbacks, death in family, etc. They can keep those benefits for a set period of time; but they must pay all/part of the premium while gone Clayton Act - ✔✔defines unethical business practices; also makes provisions to regulate business practices such as bans on anti-competitive mergers, price discrimination, and unethical behaviors by companies. Gives employees the right to protest Ohio Pregnancy Discrimination Act - ✔✔entitles females to what is considered a reasonable time for pregnancy and childbirth leave. At the end of this leave, they must be reinstated w/ the same pay, status, and must not lose seniority. Longshore + Harbor Workers Compensation Act - ✔✔a federal law that covers the medical care/compensation of the those working in US waters/harbors/docks. It specifically states that any employee injured will receive compensation, coverage of medical expenses, and rehab. Furthermore, dependents must receive survivor's benefits. Immigration and Nationality Act - ✔✔relates to all immigrant employment issues. It was enacted to prevent employers from discriminating based in immigrant status. requires all employers to have employees + candidates to complete I-9 forms.

Dodd-Frank Wall Street Reform and Consumer Protection Act - ✔✔designed to make publicly traded companies comply with compensation practices. Requires that a public company provides disclosure and shareholder voting rights. The SEC is authorized to make these rules and to keep companies accountable+ transparent. Patent Act - ✔✔enacted to protect the inventory of those who obtaina patent. Prohibits others from producing, using, or selling their product without explicit permission. Overseen by Patent and Trademark offices. Portal-to-Portal Act - ✔✔enacted to ensure that employees receive payment for all the time they work Pregnancy Discrimination Act - ✔✔specifically outlaws discrimination on the basis of pregnancy. Abortions are not protected Railway Labor Act - ✔✔enacted to resolve disputes in the airline and railway industries. The law uses arbitration, mediation and bargaining to solve any workplace disputes. Service Contract Act - ✔✔legally requires that contractors/subcontractors working on contracts greater than $2,500 pay a wage to those performing the services that is equal or greater than the wages that are common to that area. Social Security Act - ✔✔protect and provides for aging and vulnerable populations (elderly and disabled). Provides for child and maternal welfare and public health, manages unemployment benefits and compensation while also establishing a social security board to raise money for such funds. Sherman Antitrust Act - ✔✔prevents monopolies in business. Unlike State and Local governments on the subject, Sherman applies throughout the US.