HRCI APHR Exam 2024 - U.S Laws and Regulations

HRCI APHR Exam 2024 - U.S Laws and Regulations "Engaged in interstate commerce" - Answer ️️ -This is a term used by Congress to identify which employers will be subject to a law's requirements. Shipping/Selling products to customers in states other than the one you are in. Purchasing products from suppliers in a state other than the one the employer is in. The Clayton Act (1914) - Answer ️️ -Modified the Sherman Anti-Trust Act. Prohibiting mergers and acquisitions that would lessen competition. Prohibits a single person from being a director of two or more competing corporations. Restricts the use of injunctions against labor and legalized peaceful strikes, picketing, and boycotts. The Consumer Credit Protection Act (1968) - Answer ️️ -Limits on the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors. This prohibits employee dismissal because of garnishment for any one indebtedness The Copeland "Anti-Kickback" Act (1934) - Answer ️️ -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) - Answer ️️ -Offers protection of "original works" for authors so other may not print, duplicate, distribute or sell their work. The Copyright Term Extension Act (1998) - Answer ️️ -Extension of Copyright Act of 1976. Extended copyright for major works 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 on certain federally funded or assisted projects worth more than $2,000 in the US to pay wages and fringe benefits at least equal to those prevailing in the local area. Applies only to laborers and mechanics. Allows trainees and apprentices to be paid less than the predetermined rate under certain circumstances. The Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) - Answer ️️ -Offers a wide range of mandates affecting all federal financial regulatory agencies and almost every part of the nation's financial services industry. - Nonbinding vote for shareholders on executive compensation, golden parachutes, and return of executive compensation based on inaccurate financial statement. - Requirements to report CEO pay compared to the average employee compensation, and provision of financial rewards for whistle-blowers. The Economic Growth and Tax Relief Reconciliation Act (EGTRRA) (2001) - Answer ️️ - Modifications to the Internal Revenue Code that adjusts pension vesting schedules, increasing retirement plan limits, permitting pretax catch-up contributions by participants older than 50 in certain plans, and modifying distribution and rollover rules. The Electronic Communications Privacy Act (ECPA) (1986) - Answer ️️ -Composed of two pieces of legislation: (1) The Wiretap Act & (2) The Stored Communication Act. Provide 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. Prohibit interception of e-mails in transmission and access to e-mails in storage. Electronic Communications Privacy Act Implications - Answer ️️ -Recording employee conversations. Having cameras in the workplace to record employees or visitor activities are covered, and notices must be given to anyone subject to observation or recording. The Employee Polygraph Protection Act (1988) - Answer ️️ -Prohibits the use of lie detectors for job applicants and employees of companies engaged in inter-state commerce. Exceptions are made for certain situations, including law enforcement and national security. The Employee Retirement Income Security Act (ERISA) (1974) - Answer ️️ -Employers are not required to establish pension plans but this law governs how those plans are managed once they have been established. Established minimum 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 benefits due to job changes, plant closing, bankruptcies, or mismanagement; and protects plan beneficiaries. Public-sector employees and many churches are not subject to ERISA. Employers that offer retirement plans must also conform with Internal Revenue Service (IRS) code in order to receive tax advantages. The Equal Pay Act (an Amendment to the Fair Labor Standards Act (FLSA)) (1963) - Answer ️️ -Equal pay requirements apply to all employers. Enforced by the Equal Employment Opportunity Commission (EEOC). Prohibits employers from discriminating on the basis of sex by paying wages to employees at a less rate than the rate paid to employees of the opposite sex for equal work on jobs requiring equal skill, effort, responsiblity and similar working conditions. The FAA Modernization and Reform Act (2012) - Answer ️️ -Amendment to the Railway Labor Act to change union certification election processes in the railroad and airline industries and impose greater over-sight of the regulatory activities of the National Mediation Board (NMB). Requires the Government Accountability Office (GAO) initially to evaluate the NMB's certification procedures and then audit the NMB's operations every 2 years. The Fair and Accurate Credit Transactions Act (FACT) (2003) - Answer ️️ -Amendments to the Fair Credit Reporting Act, providing certain requirements in third-party investigations of employee misconduct charges. Employers are released from obligations to disclose requirements and obtain employee consent if the investig