aPHR Study Kit Questions and Answers

aPHR Study Ki t Questions and Answers Sherman Anti -trust Act (1890) - Answer ✔️✔️---curbed concentrations of power that interfere with trade and reduce economic competition by regulating monopolies and trade; protects free trade --applied to unions in early days because they were seen as a monopolizing power --forbade any "restraint of commerce" across state lines, and courts ruled that union strikes and boycotts were included Clayton Act (1914) - Answer ✔️✔️---modified the Sherman Anti -trust Act by making illegal certain business practices that are conducive to the formation of monopolies or that result from them, like anticompetitive mergers and acquisitions. --section 6 specifically exempted labor union and agricultural organizations from the Sherman Antitrust Act which effectively legalized boycotts, peaceful strikes, and peaceful picketing against companies Railway Labor Act (1926) - Answer ✔️✔️---created to allow railway employees to organize into labor unions --amended to include Airlines engaged in in terstate commerce in 1936. --covered employees are encouraged to use the National Mediation Board (NMB) --puts limits on strikes; mandated that when disputes arise they must "work now and grieve later". --presidential involvement and cooling off periods if arbitration fails and there is a threat to US economy, trade, transportation needs National Mediation Board (NMB) - Answer ✔️✔️---Permanent independent agency that coordinates labor -management relations within the U.S. railroads and airlines industries (t hose covered by the Railway Labor Act) Davis -Bacon Act (1931) - Answer ✔️✔️---Requires contractors and subcontractors on federally funded/assisted projects worth more than $2000 in the US to pay wages and fringe benefits at least equal to those in the loca l area where the work is performed --Allows apprentices to be paid less under certain circumstances Norris -La Guardia Act (1932) - Answer ✔️✔️---Prohibited and made yellow -dog contracts unenforceable in federal court. --Also prohibited federal courts from issuing injunctions of any kind against peaceful strikes, boycotts, or picketing when used by a union in connection with a labor dispute which forces employer to openly and fairly discuss any disputes yellow -dog contracts - Answer ✔️✔️---any contract wher e a worker had to agree not to be a member of the union before they could be hired labor dispute - Answer ✔️✔️---any disagreement about working conditions National Industrial Recovery Act, NIRA (1933) - Answer ✔️✔️---declared unconstitutional by the Suprem e Court in 1935 because it was too far -reaching (Schecter Poultry Case) --replaced by the National Labor Relations Act NLRA in the same year which is still in effect. --Proposed the creation of "codes of fair competition" for each of several different indu stries. Required every business to identify with and belong to a trade association and would then be federally licensed. Anti -trust laws would be superseded in favor of the code. If a business refused to participate in the code, its license could be suspen ded, that business would end all operations immediately. --established that employees could not be required as a condition of employment to join or refrain from joining a union Wagner -Peyser Act (1933) - Answer ✔️✔️---created a nationwide system of employment offices, known as Employment Service Offices, run by the US Department of Labor's Employment and Training Administration (ETA). --offices provide jobseekers with assistance in their job search, assistance in searching jobs for unemployment insurance recipients, and recruitment services for employers --amended by the Workforce Investment Act (1988) Securities and Exchange Act (1934) - Answer ✔️✔️---provides for governance in the secondary market, which is all trading after the initial public offering --created the Securities and Exchange Commission Securities Exchange Commission (SEC) - Answer ✔️✔️---created by the Securities and Exchange Act --has oversight authority for th e trading of stocks in America --extends the disclosure doctrine of investigative protection to securities listed and registered for public trading on any of the US exchanges Copeland Anti -Kickback Act (1934) - Answer ✔️✔️---precludes federal contractors or subcontractors from inducing an employee to giving up any part of their wages to the employer for the benefit of having or keeping the job National Labor Relations Act, NLRA (1935)*** - Answer ✔️✔️--- aka "The Wagner Act" --grants and protects employees ' right to organize, join unions, and engage in collective bargaining and other "concerted activities" --Also protects against any unfair labor practices by employers aimed at employees --Key Provisions: 1. Right of workers to organize into unions for col lective bargaining 2. Requirement of employers to bargain in good faith when employees have voted in favor of a union to represent them. 3. Requirement that unions represent all members equally without showing favoritism 4. Covering non management employee s in private industry who are not already covered by the Railway Labor Act --Established the NLRB concerted activities - Answer ✔️✔️---anytime two or more employees come together and discuss how satisfied they are with their work , their managers, supervis ors, whether or not they're safe etc National Labor Relations Board (NLRB) - Answer ✔️✔️-The agency responsible for administering and enforcing the Wagner Act. Its purpose is to reduce labor -management conflicts. Two primary functions: 1. secret -ballot el ections to determine whether employees want to be represented by a union; 2. to prevent and remedy unfair labor practices. Social Security Act (1935) - Answer ✔️✔️---designed to help senior citizens. Now includes Social Welfare and social insurance progra ms -supported through payroll taxes with contributions from both the employee and the employer. --programs currently under this umbrella: 1. federal old -age benefits aka retirement 2. survivors benefits, spousal benefits, dependent children and widow / w idower benefits 3. disability insurance for workers are no longer able to work 4. Temporary Assistance for Needy Families 5. medical health insurance for aged and disabled 6. Medicaid grants to States for medical assistance programs 7. Supplemental Security Income SSI 8. State Children's Health Insurance Program SCHIP 9. Patient Protection and Affordable Care Act PPACA aka Obamacare Federal Insurance Contributions Act, FICA - Answer ✔️✔️---sets payroll taxes for social security act Form I -9 - Answer ✔️✔️---Employment Eligibility Verification -- United States Citizenship and Immigration Services form --must be completed for every new employee on the payroll within the first 3 days --requires proof of identity --uses documents from lis t of acceptable ones to ID --Mandated by the Immigration Reform and Control Act of 1986 --used to verify the identity and legal authorization to work of all paid employees in the United States --postoffer, prehire document --must be kept for 3 years after hire or 1 year after termination (whichever is later) Walsh -Healy Public Contracts Act (1936) - Answer ✔️✔️--- signed by President Franklin Roosevelt --designed to assure the government paid a fair wage to manufacturers and suppliers of goods for federal government contracts in excess of $10,000 each --provisions: 1. overtime pay required for work done over eight hours in a day or 40 hours in a week 2. a minimum wage equal to the prevailing wage in that area * now federal min wage 3. prohibition on emplo ying anyone under 16 years of age or someone with a criminal conviction 4. the Defense Authorization Act 1968 later excluded federal contractors from overtime payments in excess of eight hours in a day (Lanham) Trademark Act (1946) - Answer ✔️✔️---created federal protections for trademarks and service marks. --set forth the requirements for registering a trademark or service mark to obtain those legal protections *HR relevance - should train employees on how to properly handle organizational trademarks an d the policies that govern those uses