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Exam (elaborations)

HRCI aPHR Certification Exam with Accurate Solutions

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HRCI aPHR Certification Exam with Accurate Solutions

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HRCI aPHR Certification Exam with
Accurate Solutions

Professional Certification - ANSWER-based on work experience, education, and require
re-certification

Certificate Program - ANSWER-Does not require work experience, education, or re-
certification

The Clayton Act (1914) - ANSWER-prohibits mergers and acquisitions that would less
competition, a single person cannot be a director of two or more competing
corporations, and restricts use of injunctions against labor, and legalized peaceful
strikes, picketing, and boycotts.

The Consumer Credit Protection Act (1968) - ANSWER-Limits the amount of wages that
can be garnished or withheld in any one week and prohibits employee dismissal
because of garnishments.

The Copeland "Anti-Kickback" Act (1934) - ANSWER-Precludes a federal contractor or
subcontractor from inducing an employee to give up any part of their wages to the
employers for the benefit of having a job.

The Copyright Act (1976) - ANSWER-Protection of "original works" for authors so others
may not print, duplicate, distribute, or sell their work.

The Copyright Terms Extension (1998) - ANSWER-Further extended copyright
protection to the duration of the author's life plus 70 years for general copyrights and to
95 years for works made for hire and works copyrighted before 1978.

The Davis-Bacon Act (1931) - ANSWER-Requires contractors and subcontractors
working on federal government construction projects ($2000+) to pay their employees
"prevailing wages". Only applies to laborers and mechanics. Allows trainees and
apprentices to be paid less.

The Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) - ANSWER-
Regulates the financial markets and protects consumers. Includes a non-binding vote
for stakeholders on executive compensation, golden parachutes, and return of
executive compensation based on inaccurate financial statements.

,The Economic Growth and Tax Relief Reconciliation Act (EGTRRA) (2001) - ANSWER-
Adjust pension vesting schedules, increasing retirement plan limits, permitting pretax
catch-up contributions by participants older than 50.

The Electronic Communications Privacy Act (ECPA) (1986) - ANSWER-Provides rules
for access, use, disclosure, interpretation, and privacy protections of electronic
communications, and they provide the possibility of both civil and criminal penalties for
violations. Ex: monitoring employee emails, messages, recording calls, and cameras in
the workplace. The employer needs to give proper notice.

Employee Polygraph Protection Act (1988) - ANSWER-Federal law that prohibits the
use or suggestion of lie detector tests in most employment situations

The Employee Retirement Income Security Act (ERISA) (1974) - ANSWER-sets
minimum standards for most voluntarily established retirement and health plans in
private industry to provide protection for individuals in these plans.

The Equal Pay Act (1963) - ANSWER-An amendment to the Fair Labor Standards Act,
this act requires equal pay for men and women doing equal work.

The FAA Modernization and Reform Act (2012) - ANSWER-Includes measures that
amend the 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 a Government Accountability Office (GAO)
review and audit of NMB operations every 2 years.

The Fair and Accurate Credit Transactions Act (FACT) (2003) - ANSWER-Amendments
to the Fair Credit Reporting Act to provide financial privacy of employees and job
applicants. Requirements in third part investigations of employee misconduct charges.

The Fair Credit Reporting Act (FCRA) (1970) - ANSWER-This law protects consumers
against inaccurate credit reporting and requires lenders and creditors to correct errors. It
permits consumer credit reporting agencies to issue credit reports to users only for
specified purposes and only under certain circumstances, requires creditors to inform
the consumer if credit has been denied because of information on the consumer's credit
report (and also gives consumers the right to the source of such information), and
provides the consumer with mechanisms by which to request a copy of his or her credit
report and to challenge information contained therein.

The Fair Labor Standards Act (FLSA) (1938) - ANSWER-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.

FLSA: Record Keeping - ANSWER-• Personal information
• Hour & day work week begins
• Total hours worked per work day & per work week
• Regular hourly pay rate for any week involving overtime
• Total overtime pay for work week
• Deductions from or addition to wages
• Total wages paid each pay period
• Date of payment and pay period covered

Child Labor Provisions - ANSWER-Limits hours of work for minors under 16 and lists
hazardous occupations too dangerous for them

Foreign Corrupt Practices Act (FCPA) (1997) - ANSWER-Prohibits American
companies from making corrupt payments to foreign officials for the purpose of
obtaining or keeping business.

The Health Insurance Portability and Accountability Act (HIPAA) (1996) - ANSWER-
Ensures that individuals who leave/lose their jobs can obtain health coverage even if
they or someone in their family has a serious illness, injury, or pregnant. It allows people
to change jobs without loss of coverage.

The Immigration and Nationality Act (INA) (1952) - ANSWER-Fundamental body of US
immigration law. Provisions apply to all employers. Addresses employment eligibility
and employment verification; defines the conditions for the temporary and permanent
employment of aliens in the US

Immigration Reform and Control Act of 1986 - ANSWER-Federal law requiring
employers to verify and maintain records on applicants' legal rights to work in the United
States

The IRS Intermediate Sanctions (2002) - ANSWER-Provides guidelines regarding the
determination of reasonable compensation for executives of nonprofit organizations;
allows the IRS to impose penalties when it determines that top officials have received
excessive compensation from their organizations

The Labor Management Relations Act (LMRA) - ANSWER-Act that provides balance of
power between union and management by designating certain union activities as unfair
labor practices; also known as Taft-Hartley Act.

The Labor Management Reporting and Disclosure Act - ANSWER-A federal law
enacted in 1959 that established a system of reporting and checks intended to uncover
and prevent fraud and corruption among union officials by regulating internal operating
procedures and union matters. Also known as Landrum-Griffin Act.

, The Mine Safety and Health Act (1977) - ANSWER-Established mandatory mine safety
and health standards and created MSHA, brought all coal, metal, and non metal
operations together.

National Industrial Recovery Act - ANSWER-A New Deal legislation that focused on the
employment of the unemployed and the regulation of unfair business ethics. The NIRA
pumped cash into the economy to stimulate the job market and created codes that
businesses were to follow to maintain the ideal of fair competition and created the NRA.

National Labor Relations Act - ANSWER-A 1935 law, also known as the Wagner Act,
that guarantees workers the right of collective bargaining sets down rules to protect
unions and organizers, and created the National Labor Relations Board to regulate
labor-managment relations.

Needlestick Safety and Prevention Act - ANSWER-A law enacted in 2000 requiring
employers to identify, evaluate, and introduce safer medical devices to avoid
needlesticks

Norris-LaGuardia Act - ANSWER-Act that guarantees workers' right to organize and
restricts issuance of court injunctions against nonviolent union activity such as strikes,
picketing, and boycotts.

The Occupational Safety and Health Act (OSHA) - ANSWER-Created to protect worker
and health. Its main aim was to ensure that employers provide their workers with an
environment free from dangers to their safety and health, such as exposure to toxic
chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or
unsanitary conditions.

The Omnibus Budget Reconciliation Act (OBRA) - ANSWER-Reduces compensation
limits in qualified retirement programs and triggers increased activity in non-qualified
retirement programs.

The Pension Protection Act (PPA) (2006) - ANSWER-Changes the laws that affect
defined benefit and contribution plans, individual retirement accounts, and other issues
related to retirement planning.

The Personal Responsibility and Work Opportunity Reconciliation Act (1996) -
ANSWER-Requires states to establish/maintain a new hire reporting system designed
to enhance enforcement of child support payments. Requires Welfare recipients to
begin working after 2 years of receiving benefits.

The Portal-to-Portal Act (1947) - ANSWER-Law defines "hours worked" and establishes
rules about payment of wages to employees who travel before/after and their scheduled
work shift. The act provides that minimum wage and overtime are not required for
traveling to and from the actual place of performance of the principal activity.

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