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Legal Environment of Business Test 2
Terms in this set (47)
Age Discrimination in Employment Act (ADEA) of 1967
This federal law prohibits employment discrimination on the basis of age against persons 40 years of age and older, and mandatory retirement for non-managerial employees.
Americans with Disabilities Act (ADA) of 1990
This federal law prohibits private employers from discrimination in hiring, promotion, and discharge against persons with disabilities, which is somewhat broadly defined in the law. Among other things, it requires, with some exceptions, employers to provide disabled employees the same health insurance benefits as their non-disabled co-workers. The law also provides that if an otherwise qualified disabled job applicant or employee can, with reasonable accommodation, perform essential job functions, the employer must make accommodations. The law also prohibits a covered employer from discriminating against an employee or applicant because that person has, or has tested positive for, AIDS.
Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985
This federal law prohibits the elimination of a worker's medical, optical, or dental insurance coverage on the voluntary or involuntary termination of the worker's employment. It, therefore, extends an employee's right to participate (at the employee's expense) in employer-provided medical, dental, or optical insurance beyond the date of the employee's voluntary or involuntary termination. It generally does not apply to employers: (1) with fewer than 20 workers, (2) who provide no non-wage benefits to their employees, or (3) who completely eliminate non-wage benefits for present employees.
Davis-Bacon Act of 1931
This law requires the payment of "prevailing wages" to employees of contractors and subcontractors working on government construction projects.
Electronic Communications Privacy Act (ECPA) of 1986
This law prohibits the intentional interception of any wire or electronic communication or the intentional disclosure or use of the information obtained by the interception. The law contains a "business-extension exception" that permits an employer to monitor employees' electronic communications in the ordinary course of business.
Employee Polygraph Protection Act (EPPA) of 1988
This law prohibits the use of lie detectors by most employers (not including the government, certain security service firms, and companies making and distributing controlled substances) except when investigating losses attributable to theft.
Employee Retirement Income Security Act (ERISA) of 1974
This federal law regulates operators of private pension funds. Pension vesting requirements are created, such as, employee contributions vest immediately, and employee rights to employer contributions vest after five years of employment. Under this law, pension managers must invest pension funds cautiously (with not more than 10 percent of the fund in the employer's securities).
Equal Pay Act of 1963
This federal law prohibits gender-based discrimination in wages paid for equal work when a job requires equal skill, effort, and responsibility under similar conditions. It is the primary duties of jobs that are compared.
Fair Labor Standards Act (FLSA) of 1938
This federal law covers employers engaged in interstate commerce, regulates child labor, maximum hours, and minimum wages. The law, among other things, specifically prohibits children under the age of 14 from most types of work, making exceptions for, e.g., lawn care, newspaper delivery, and entertainment, and restricts the employment of children between the ages of 15-18 in various ways. It also requires employers to pay employees who agree to work more than 40 hours per week no less than one and a half (1½) times their regular pay for all hours over 40.
False Claims Reform Act of 1986
This law provides an incentive to disclose information relating to fraud perpetrated against the U.S. government by providing the whistleblower with a monetary reward of 15-25% of the proceeds if the government brings a suit against the wrongdoer.
Family and Medical Leave Act (FMLA) of 1993
This federal law requires employers with 50 or more employees to provide their employees with up to 12 weeks of family or medical leave during any twelve-month period. During the leave period, the employer must continue to provide benefits to the employee; however, the employer is not required to pay the employee while on leave. The employer must also guarantee that the worker may return to his or her prior job or to a comparable job unless the employee is a "key employee." This law does not apply to employees who have worked for the employer less than one year, or less than 25 hours per week for the previous year.
Federal Insurance Contributions Act (FICA) of 1935
Under this law, employers and employees contribute to old-age retirement, survivors, disability, and hospital insurance (OASDI) that was created by the Social Security Act of 1935.
Federal Unemployment Tax Act (FUTA) of 1939
Under this federal law, government-assured, short-term income insurance is available for qualified persons who are unemployed. Employers pay into a fund that compensates unemployed individuals.
Genetic Information Nondiscrimination Act (GINA) of 2008
Under this law, employers are prohibited from using the results of genetic tests of employees and applicants to make decisions about hiring, firing, placement, or promotion; using the results to make employment-related insurance decisions is also banned.
Health Insurance Portability and Accountability Act (HIPAA) of 1996
Under this federal law employers who provide health insurance are restricted in whom they can exclude for a "preexisting condition." The collection, use, and disclosure of health information are also regulated, and violations of these provisions are subject to civil and criminal penalties.
Immigration Act of 1990
This law limits the number of legal immigrants into the U.S., and requires employers recruiting workers from other countries to complete a certification process.
Immigration Reform and Control Act (IRCA) of 1986
This law prohibits the hiring of illegal aliens. Employers must complete a Form I-9 for each employee verifying that the employee is either a U.S. citizen or is otherwise entitled to work in this country.
Labor-Management Relations Act (LMRA) of 1947 a/k/a Taft-Hartley Act of 1947
This law allows state right-to-work laws, which makes it illegal to require union membership for continued employment. The law prohibits certain unfair union practices, including a closed shop (which requires union membership as a condition of employment), a union shop (which requires union membership as a condition of continued employment), a union's refusal to bargain with an employer, certain types of picketing, and featherbedding (hiring more employees than necessary).
Labor-Management Reporting and Disclosure Act of 1959 a/k/a Landrum-Griffin Act of 1959
This law, among other things, established an employee bill of rights and reporting requirements for union activities. It strictly regulates unions' internal business procedures, including elections (e.g., it requires unions to hold regularly scheduled elections of officers using secret ballots). Union officials are accountable for union property and funds, and members have the right to attend and to participate in union meetings, to nominate officers, and to vote in most union proceedings. The law also outlawed hot-cargo agreements (ones in which employers voluntarily agree with unions not to handle, use, or deal in goods or other employers produced by nonunion employees).
Lilly Ledbetter Fair Pay Act of 2009
Under this law, each time a person is paid discriminatory wages, benefits, or compensation, a cause of action arises and the victim has 180 days to file a complaint.
National Labor Relations Act (NLRA) of 1935 a/k/a Wagner Act of 1935
This federal law establishes employees' rights to collective bargaining and to strike to protect that right, and prohibits certain unfair labor practices, such as interfering with employees' efforts to organize, discriminating against employees based on union membership or grievances, and refusing to bargain collectively with the employees' chosen representative. It also created the National Labor Relations Board (NLRB) to oversee union elections and to prevent employers from engaging in specific unfair labor practices.
Norris-LaGuardia Act of 1932
This law protects employees' rights to organize, peacefully strike, picket, and boycott.
Occupational Safety and Health Act of 1970
This federal law provides for workplace safety standards. It created the Occupational Safety and Health Administration (OSHA), which is the federal agency empowered to promulgate workplace health and safety standards, to conduct workplace inspections, and to investigate employee complaints. Among other things, the law requires employers to promptly report any workplace accident as a result of which an employee was killed or at least five (5) employees were hospitalized.
Paycheck Fairness Act of 2009
This law prohibits gender-based differentials in assessing an employee's education, training, or experience. The law also provides additional remedies for wage discrimination, including compensatory and punitive damages, which are available as remedies for discrimination based on race and national origin.
Pregnancy Discrimination Act of 1978
This law expanded Title VII of the Civil Rights Act of 1964. Under this law, an employer must treat an employee temporarily unable to perform her job due to a pregnancy-related condition the same way as the employer would treat others similar in ability to work.
Social Security Act of 1935
This federal law provides for old-age retirement, survivors, disability, and hospital insurance (OASDI), including government-assured supplemental income for retired persons, their survivors, and disabled persons. It is funded by non-voluntary employer and employee "contributions" under the Federal Insurance Contributions Act (FICA).
Stored Communications Act (SCA) of 1986
Part of the Electronic Communications Privacy Act (EPCA) of 1986, this law prohibits intentional, unauthorized access to stored electronic communications and sets forth criminal and civil sanctions for violators.
Title VII of the Civil Rights Act of 1964
This federal law and its amendments prohibit job discrimination against employees, applicants, and union members on the basis of race, color, national origin, religion, and gender at any stage of employment. Nearly any employer with 15 or more employees is covered. Enforcement of this law is handled by the Equal Employment Opportunity Commission (EEOC), although private civil actions may also be brought by employees and applicants who believe that an employer has discriminated against them (but only after a claim has been filed with and disposed of by the EEOC). The applicant or employee may file suit only if the EEOC investigates the claim and decides not to file suit on the employee's behalf, or elects not to investigate the claim.
Walsh-Healey Act of 1936
The law saw the beginning of minimum wages, which additionally required overtime pay at 1.5 times regular pay rates to employees of manufacturers or suppliers entering into contract with agencies of the federal government.
Whistleblower Protection Act of 1989
This law protects from retaliation from their employers federal employees who tell upper-management, government officials, or the press that their employers are engaged in some unsafe or illegal activity.
Worker Adjustment and Retraining Notification Act of 1988 a/k/a WARN Act
Under this law, employers with at least 100 full-time workers must provide 60 days' notice before implementing a mass layoff or closing a plant that employs more than 50 full-time workers. The intent is to give the about-to-be unemployed time to look for new jobs and state agencies time to provide them with retraining and other resources.
Equal Pay Act: Protected Characteristic
Equal Pay Act: Prohibited Conduct
Equal Pay Act: Defenses
Seniority, Merit, Quality or Quantity Measures, Any other factor other than gender.
Equal Pay Act: Remedies
Back Pay, Injunction, Liquidated Damages, Attorney's Fees.
Title VII of the Civil Rights: Protected Characteristics
Race, Color, Gender, Religion, National Origin.
Title VII of the Civil Rights: Prohibited Conduct
Terms, Conditions, or Privileges of Employment
Title VII of the Civil Rights: Defenses
Seniority, Ability Test, BFOQ (except for race), Business Necessity (disparate impact only)
Title VII of the Civil Rights: Remedies
Back Pay, Injunction, Reinstatement, Compensatory and Punitive Damages for Intentional Discrimination.
-Unlimited for race
-Limited for all others
Age Discrimination in Employment Act: Protected Characteristic
Age Discrimination in Employment Act: Prohibited Conduct
Terms, Conditions, or Privileges of Employment
Age Discrimination in Employment Act: Defenses
Seniority, BFOQ, any other reasonable act
Age Discrimination in Employment Act: Remedies
Back Pay, Injunction, Reinstatement, Liquidated damages for willful violation, Attorney's fees
Americans with Disabilities Act: Protected Characteristic
Americans with Disabilities Act: Prohibited Conduct
Terms, Conditions, or Privileges of Employment
Americans with Disabilities Act: Defenses
Undue Hardship, Job-related Criteria and Business Necessity, Risk to Public Health and Safety
Americans with Disabilities Act: Remedies
Back Pay, Injunction, Reinstatement, Compensatory and Punitive Damages for Intentional Discrimination (limited), Attorney's Fees
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