aPHR Laws Exam with 100% Correct
Solutions
Clayton Antitrust Act - ANSWER-1. Strengthened Sherman Anti-Trust Act
2. Prohibited mergers and acquisitions that would lessen competition
3. Prohibited one person from being a director of two or more competing corporations
4. Restricts use of injunctions against labor strikes, picketing, and boycotts
Consumer Credit Protection Act - ANSWER-1. Act that limits the amount of wages that
can be garnished or withheld in any one week by an employer to satisfy creditors.
2. Prohibits employee dismissal due to wage garnishment
Copeland "Anti-Kickback" Act - ANSWER-prohibits a federal contractor from convincing
an employee to give up his compensation or work for less than the entitled federal law
wage to keep job
Copyright Act - ANSWER-A federal law that protects intellectual property, including
copyrighted material.
1. If anyone writes technical instructions or e-mail responses you should get a written
agreement to reuse
Davis-Bacon Act - ANSWER-Federal legislation that requires the Department of Labor
to set prevailing wages for government-financed construction projects worth more than
$2,000.
Dodd-Frank Wall Street Reform and Consumer Protection Act - ANSWER-Aim to
promote financial stability after 2008 crash.
1. nonbinding vote on: executive compensation, golden parachutes, and return of
compensation if based on inaccurate financial statements
(golden parachute: large amount of money guaranteed to a company executive should
the executive be dismissed as a result of a merger or takeover.)
2. Must report CEO pay compared to average employee
Economic Growth and Tax Relief Reconciliation Act - ANSWER-Act that adjusts
minimum vesting schedules, increases retirement plan compensation and contribution
limits, permits catch-up contributions by participants age 50 or older in certain
retirement plans, and modifies distribution and rollover rules.
Electronic Communications Privacy Act - ANSWER-Regulates the interception of
electronic communications by individuals as well as the government.
1. Must provide notice to employees if they are being recorded (on phone or video)
,Employee Polygraph Protection Act - ANSWER-Prohibits use of polygraph by most
private employers.
Employee Retirement Income Security Act - ANSWER-Act that grants protection (from
mismanagement) to employees for retirement benefits to which they are entitled.
Note: Public-sector employees and many churches are not covered by this
Equal Pay Act - ANSWER-made it illegal for employers to pay female workers less than
men for the same job
Note: this is an amendment of the Fair Labor Standards Act
FAA Modernization and Reform Act - 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
Government Accountability Office required to initially evaluate NMB's certification and
audit every two years
Fair and Accurate Credit Transactions Act - ANSWER-1. Employers don't need
employee consent if investigation involves suspected misconduct
2. Written plan to prevent identity theft is required
Fair Credit Reporting Act - ANSWER-Act that protects privacy of background
information and ensures that information supplied is accurate.
1. Employers must notify an individual in writing if a credit report may be used in making
an employment decision
2. Employers must get written consent from subject before requesting credit report from
bureau
3. Employers must disclose if they take adverse action against an employee due to
information contained on credit report
Fair Labor Standards Act - ANSWER-1. set a minimum wage,
2. defined exempt or nonexempt overtime pay requirements such as time and a half
3. outlawed most child labor
4. Workplace poster required to notify employees of min wage
5. for every nonexempt worker required records of the following:
-Employee name and social security number
-Address
-Birthdate, if younger than 19
-sex
-occupation
-time and day of week when employee's workweek begins
-hours worked each day and total hours worked each workweek (including when they
took lunch)
, -basis on which wages are paid (hourly, weekly, piecework)
-hourly rate
-total daily or weekly earnings
-total overtime earnings for the workweek
-all additions or deductions from employee's wages
-total wages each pay period
-date of payment and pay period covered by payment
6. No limit to amount of hours employee can work
7. Employers must retain all payroll records for at least three years
8. Any timecard, piecework record, wage rate tables, and work and time schedules
should be retained for at least two years
Foreign Corrupt Practices Act - ANSWER-a law that prohibits U.S. corporations from
making illegal payments to public officials of foreign governments to obtain business
rights or to enhance their business dealings in those countries
Health Insurance Portability and Accountability Act (HIPAA) - ANSWER-1. Ensures
those who leave or lose their jobs can obtain health coverage, even if sick or injured
2. Provide privacy requirements related to medical records
3. Limits exclusions for preexisting conditions
Immigration and Nationality Act (INA) - ANSWER-This law made it easier for entire
families to migrate and established "special categories" for political refugees. This act
increased the amount of immigration.
Health Information Technology for Economic and Clinical Health (HITECH) - ANSWER-
Requires anyone with custody of personal health records to send notification to affected
individual if their personal health records may have been disclosed to anyone
unauthorized
Immigration Reform and Control Act (IRCA) - ANSWER-1. prohibits discrimination
against job applicants on the basis of national origin or citizenship
2. establishes penalties for hiring illegal aliens
3. requires employers to establish each employee's identity and eligibility to work (I-9
form)
Uniform Guidelines on Employee Selection Procedures - ANSWER-To avoid illegal
discrimination, guidelines require all steps in hiring decision be validated for the job
being filled. For example, can't do a test on accounting for a public relations job.
Validation studies should be provided by test maker. Employer is liable though.
Age Discrimination in Employment Act - ANSWER-Bans discrimination on employees
over the age of 40, remedies are same as under Civil Rights Act. Reinstatement, back
pay, etc.
Solutions
Clayton Antitrust Act - ANSWER-1. Strengthened Sherman Anti-Trust Act
2. Prohibited mergers and acquisitions that would lessen competition
3. Prohibited one person from being a director of two or more competing corporations
4. Restricts use of injunctions against labor strikes, picketing, and boycotts
Consumer Credit Protection Act - ANSWER-1. Act that limits the amount of wages that
can be garnished or withheld in any one week by an employer to satisfy creditors.
2. Prohibits employee dismissal due to wage garnishment
Copeland "Anti-Kickback" Act - ANSWER-prohibits a federal contractor from convincing
an employee to give up his compensation or work for less than the entitled federal law
wage to keep job
Copyright Act - ANSWER-A federal law that protects intellectual property, including
copyrighted material.
1. If anyone writes technical instructions or e-mail responses you should get a written
agreement to reuse
Davis-Bacon Act - ANSWER-Federal legislation that requires the Department of Labor
to set prevailing wages for government-financed construction projects worth more than
$2,000.
Dodd-Frank Wall Street Reform and Consumer Protection Act - ANSWER-Aim to
promote financial stability after 2008 crash.
1. nonbinding vote on: executive compensation, golden parachutes, and return of
compensation if based on inaccurate financial statements
(golden parachute: large amount of money guaranteed to a company executive should
the executive be dismissed as a result of a merger or takeover.)
2. Must report CEO pay compared to average employee
Economic Growth and Tax Relief Reconciliation Act - ANSWER-Act that adjusts
minimum vesting schedules, increases retirement plan compensation and contribution
limits, permits catch-up contributions by participants age 50 or older in certain
retirement plans, and modifies distribution and rollover rules.
Electronic Communications Privacy Act - ANSWER-Regulates the interception of
electronic communications by individuals as well as the government.
1. Must provide notice to employees if they are being recorded (on phone or video)
,Employee Polygraph Protection Act - ANSWER-Prohibits use of polygraph by most
private employers.
Employee Retirement Income Security Act - ANSWER-Act that grants protection (from
mismanagement) to employees for retirement benefits to which they are entitled.
Note: Public-sector employees and many churches are not covered by this
Equal Pay Act - ANSWER-made it illegal for employers to pay female workers less than
men for the same job
Note: this is an amendment of the Fair Labor Standards Act
FAA Modernization and Reform Act - 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
Government Accountability Office required to initially evaluate NMB's certification and
audit every two years
Fair and Accurate Credit Transactions Act - ANSWER-1. Employers don't need
employee consent if investigation involves suspected misconduct
2. Written plan to prevent identity theft is required
Fair Credit Reporting Act - ANSWER-Act that protects privacy of background
information and ensures that information supplied is accurate.
1. Employers must notify an individual in writing if a credit report may be used in making
an employment decision
2. Employers must get written consent from subject before requesting credit report from
bureau
3. Employers must disclose if they take adverse action against an employee due to
information contained on credit report
Fair Labor Standards Act - ANSWER-1. set a minimum wage,
2. defined exempt or nonexempt overtime pay requirements such as time and a half
3. outlawed most child labor
4. Workplace poster required to notify employees of min wage
5. for every nonexempt worker required records of the following:
-Employee name and social security number
-Address
-Birthdate, if younger than 19
-sex
-occupation
-time and day of week when employee's workweek begins
-hours worked each day and total hours worked each workweek (including when they
took lunch)
, -basis on which wages are paid (hourly, weekly, piecework)
-hourly rate
-total daily or weekly earnings
-total overtime earnings for the workweek
-all additions or deductions from employee's wages
-total wages each pay period
-date of payment and pay period covered by payment
6. No limit to amount of hours employee can work
7. Employers must retain all payroll records for at least three years
8. Any timecard, piecework record, wage rate tables, and work and time schedules
should be retained for at least two years
Foreign Corrupt Practices Act - ANSWER-a law that prohibits U.S. corporations from
making illegal payments to public officials of foreign governments to obtain business
rights or to enhance their business dealings in those countries
Health Insurance Portability and Accountability Act (HIPAA) - ANSWER-1. Ensures
those who leave or lose their jobs can obtain health coverage, even if sick or injured
2. Provide privacy requirements related to medical records
3. Limits exclusions for preexisting conditions
Immigration and Nationality Act (INA) - ANSWER-This law made it easier for entire
families to migrate and established "special categories" for political refugees. This act
increased the amount of immigration.
Health Information Technology for Economic and Clinical Health (HITECH) - ANSWER-
Requires anyone with custody of personal health records to send notification to affected
individual if their personal health records may have been disclosed to anyone
unauthorized
Immigration Reform and Control Act (IRCA) - ANSWER-1. prohibits discrimination
against job applicants on the basis of national origin or citizenship
2. establishes penalties for hiring illegal aliens
3. requires employers to establish each employee's identity and eligibility to work (I-9
form)
Uniform Guidelines on Employee Selection Procedures - ANSWER-To avoid illegal
discrimination, guidelines require all steps in hiring decision be validated for the job
being filled. For example, can't do a test on accounting for a public relations job.
Validation studies should be provided by test maker. Employer is liable though.
Age Discrimination in Employment Act - ANSWER-Bans discrimination on employees
over the age of 40, remedies are same as under Civil Rights Act. Reinstatement, back
pay, etc.
