PHR/SPHR Employment Law Notes (1 or
More)
The Clayton Act (1914) - ANS Prohibited mergers and acquisitions that lessened
competition. Also restricts the use of injunctions against labor and legalized peaceful
strikes, picketing, and boycotts.
The Consumer Credit Protection Act (1968) - ANS Sets limits to the amount that can be
garnished or withheld in any one week, and also prohibits employee dismissal because
of garnishment for any one indebtedness.
The Copeland "Anti-Kickback" Act (1934) - ANS Precludes a federal contractor or
subcontractor from inducing an employee to give up any part of his or her wages to the
employer for the benefit of having a job.
The Copyright Act (1976) - ANS Offer protections of "original works" fo others many not
print, duplicate, distribute, or sell their work. Protected is 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 copyrights before 1978. Clarify what the employee may be the author of in
writing.
The Davis-Bacon Act (1931) - ANS Requires contractors or subcontractors on federally
funded or assisted construction projects over $2000 to pay wages and fringe benefits at
least equal to those paid in the local area where the construction is performed.
The Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) - ANS
Offered variety of mandates including a non-binding vote for shareholders on executive
compensation, global parachutes, and return of executive compensation based on
inaccurate financial statements. Also, CEO pay compared to employee pay must be
reported, and financial rewards are to be offered to whistleblowers.
The Economic Growth and Tax Relief Reconciliation Act (EGTRRA) (2001) - ANS
Modified Internal Revenue Code to adjust pension vesting schedules, increasing
retirement plan limits, permitting pre-tac catch-up contributions by participants over the
age of 50 in certain plans, and modification of distribution and rollover rules.
The Electronic Communications Privacy Act (ECPA) (1986) - ANS Provides rules for
access, use, disclosure, interpretation, and privacy protections of electronic
, communications, and provide the possibility of both civil and criminal penalties for
violations. They prohibit interception of emails in transmission and access to e-mails in
storage. The implications for HR have to do with recording employee conversations.
Warnings such as "This call may be monitored or recorded for quality purposes" are
intended to provide the notice required by this legislation. Having cameras in the
workplace to provide the notice is also required bu this legislation.
The Employee Polygraph Protection Act (1988) - ANS Prohibited the use of lie detector
tests for job applicants and employees of companies engaged in interstate commerce.
Exceptions made for law enforcement and national security, and federal poster
requirement.
The Employee Retirement Income Security Act (ERISA) (1974) - ANS This law does
not require that employers establish pension plans, but governs how those plans are
managed once they are established. It establishes uniform standards to ensure that
employee benefit plans are established and maintained in a fair and financially sound
manner; protects employees covered by a pension plan from losses in benefit due to job
changes, plant closings, bankruptcies, or mismanagement.
The Equal Pay Act (EPA) (Amendment to the FLSA) (1963) - ANS Prohibits employers
from discriminating on the basis of sex by paying wages to employees at a rate less
than the rate paid to employees of the opposite sex for equal work on jobs requiring
equal skill, effort, and responsibility, and which are performed under similar working
conditions.
The FAA Modernization and Reform Act (2012) - ANS Changed union certification
election processes in the railroad an airline industries and imposes greater oversight of
the regulatory activities of the National Mediation Board. This law requires the
Government Accountability Office (GAO) initially to evaluate the NMB's certification
procedures and then audit the NMB's operations every two years.
The Fair and Accurate Credit Transactions Act (FACT) (2003) - ANS Provides
requirements in third-party investigations of employee misconduct charges. Employers
are released from obligations to disclose requirements and to obtain employee consent
if the investigation involves suspected misconduct, a violation of the law or regulations,
or a violation of pre-existing written employer policies. A written plan to prevent identity
theft is required.
The Fair Credit Report Act (FCRA) (1970) - ANS Requires employers to notify any
individual in writing if a credit report may be used in making an employment decision.
More)
The Clayton Act (1914) - ANS Prohibited mergers and acquisitions that lessened
competition. Also restricts the use of injunctions against labor and legalized peaceful
strikes, picketing, and boycotts.
The Consumer Credit Protection Act (1968) - ANS Sets limits to the amount that can be
garnished or withheld in any one week, and also prohibits employee dismissal because
of garnishment for any one indebtedness.
The Copeland "Anti-Kickback" Act (1934) - ANS Precludes a federal contractor or
subcontractor from inducing an employee to give up any part of his or her wages to the
employer for the benefit of having a job.
The Copyright Act (1976) - ANS Offer protections of "original works" fo others many not
print, duplicate, distribute, or sell their work. Protected is 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 copyrights before 1978. Clarify what the employee may be the author of in
writing.
The Davis-Bacon Act (1931) - ANS Requires contractors or subcontractors on federally
funded or assisted construction projects over $2000 to pay wages and fringe benefits at
least equal to those paid in the local area where the construction is performed.
The Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) - ANS
Offered variety of mandates including a non-binding vote for shareholders on executive
compensation, global parachutes, and return of executive compensation based on
inaccurate financial statements. Also, CEO pay compared to employee pay must be
reported, and financial rewards are to be offered to whistleblowers.
The Economic Growth and Tax Relief Reconciliation Act (EGTRRA) (2001) - ANS
Modified Internal Revenue Code to adjust pension vesting schedules, increasing
retirement plan limits, permitting pre-tac catch-up contributions by participants over the
age of 50 in certain plans, and modification of distribution and rollover rules.
The Electronic Communications Privacy Act (ECPA) (1986) - ANS Provides rules for
access, use, disclosure, interpretation, and privacy protections of electronic
, communications, and provide the possibility of both civil and criminal penalties for
violations. They prohibit interception of emails in transmission and access to e-mails in
storage. The implications for HR have to do with recording employee conversations.
Warnings such as "This call may be monitored or recorded for quality purposes" are
intended to provide the notice required by this legislation. Having cameras in the
workplace to provide the notice is also required bu this legislation.
The Employee Polygraph Protection Act (1988) - ANS Prohibited the use of lie detector
tests for job applicants and employees of companies engaged in interstate commerce.
Exceptions made for law enforcement and national security, and federal poster
requirement.
The Employee Retirement Income Security Act (ERISA) (1974) - ANS This law does
not require that employers establish pension plans, but governs how those plans are
managed once they are established. It establishes uniform standards to ensure that
employee benefit plans are established and maintained in a fair and financially sound
manner; protects employees covered by a pension plan from losses in benefit due to job
changes, plant closings, bankruptcies, or mismanagement.
The Equal Pay Act (EPA) (Amendment to the FLSA) (1963) - ANS Prohibits employers
from discriminating on the basis of sex by paying wages to employees at a rate less
than the rate paid to employees of the opposite sex for equal work on jobs requiring
equal skill, effort, and responsibility, and which are performed under similar working
conditions.
The FAA Modernization and Reform Act (2012) - ANS Changed union certification
election processes in the railroad an airline industries and imposes greater oversight of
the regulatory activities of the National Mediation Board. This law requires the
Government Accountability Office (GAO) initially to evaluate the NMB's certification
procedures and then audit the NMB's operations every two years.
The Fair and Accurate Credit Transactions Act (FACT) (2003) - ANS Provides
requirements in third-party investigations of employee misconduct charges. Employers
are released from obligations to disclose requirements and to obtain employee consent
if the investigation involves suspected misconduct, a violation of the law or regulations,
or a violation of pre-existing written employer policies. A written plan to prevent identity
theft is required.
The Fair Credit Report Act (FCRA) (1970) - ANS Requires employers to notify any
individual in writing if a credit report may be used in making an employment decision.
