1
Q
What must HR remember about compliance checklists and HR audits?
A
- Compliance checks are guidelines only
* Audits are discoverable
2
Q
Why should you NOT tell your employees not to discuss an internal investigation?
A
It could violate their Section 7 rights according to the NLRB
3
Q
All questions and decisions about the terms and conditions of employment should concern what?
A
- Essential job functions
(job-related factors)
4
Q
What is disparate impact and what US Supreme Court case established it?
A
- When a facially neutral factor has a disproportional impact on a protected class
(presumption of discrimination if less than 80% of the selection rate of the highest group, presumption can be rebutted by showing validity, proved either predictively or concurrently) - GRIGGS v. DUKE POWER
5
Q
What are the protected classes under Title VII of the Civil Rights Act of 1964?
A
- Race
- Color
- National origin
- Sex
- Religion
- Pregnancy
6
Q
What is the difference between sex, gender, gender identity, and transgender?
A
- Biological; societal-assigned appropriate behavior, internal sense, where internal sense does not match
7
Q
What are the four exceptions of Title VII?
A
- Work-related requirements (example: few women can comply with job-related strength specifications)
- Bona-fide occupational qualifications BFOQ(required to perform the essential job functions hopefully listed on the job descriptions)
- Genuine seniority system
- Affirmative action
8
Q
What is the statute of limitations on discrimination lawsuits?
A
- 180 or 300 days to file a complaint and then 90 days from the date you receive your right to sue letter to file in court
(Exception: Lily Ledbetter Fair Pay Act of 2009, for compensation discrimination, the statute of limitations renews with every paycheck based on the alleged discrimination action.)
9
Q
Under the Pregnancy Act, how must pregnancy be treated?
A
- As a temporary disability
10
Q
Who does the ADEA protect?
A
- Employees 40 and over
11
Q
What must be done to get an employee to waive their ADEA rights?
A
- The Older Workers Benefit Protection Act (OWBPA) requires that the employee be given 21 days to think about it and 7 days to revoke, must be told they should see an attorney, must be given a severance (something not earned already), and the release must specifically address the ADEA
12
Q
Whom does the ADA protect?
A
- Qualified people with disabilities
13
Q
Because of ADAAA and recent court rulings, SHRM suggests that the employer’s focus regarding an employee’s request for accommodation should be on what?
ADAAA (Americans with Disabilities Act Amendment Act 2008)
A
- How an employee should be treated rather than what the employer believes about the impairment (a two way discussion which involves input from the treating physician)
14
Q
When considering whether an employer can make a reasonable accommodation, how should an employee consider a safety threat?
A
- It cannot be an assumption it must be objective, with medical evidence
15
Q
What is workplace harassment?
A
- Conduct that a reasonable person would think placed them in an ongoing offensive, threatening environment
16
Q
What is quid pro quo?
A
- Express or implied promise or threat in return for sexual favors
(Automatic liability of employer of threat is followed out)
17
Q
What is the effect of an employee’s failure to alert management to potential harassment?
A
- Case will not be dismissed but employee will be asked to give specific reasons for not reporting
18
Q
How do you avoid harassment claims?
A
- Have a strong policy with examples on-work time and off-work time behavior, train, and discipline
19
Q
How do you determine if someone is an independent contractor or an employee?
A
- IRS 20 factor test that looks at the amount of control the employer has over the way the employee does the job
20
Q
What are the six exemptions under FLSA
Fair Labor Standards Act
A
- Executive
- Administrative
- Professional
- Highly compensated
- High technology
- Outside sales
21
Q
What do you consider when determining exemptions?
A
- Job duties not titles (primary duties)
22
Q
What is the FLSA’s safe harbor provision?
A
- Removes the penalty of correct exempt for a while classification being removed if there is a policy of correct payment, reimbursement is promptly made, and there is a plan for future compliance
(It isn’t a pattern or practice but the mistake was inadvertent)
23
Q
How do you calculate the overtime premium?
A
- Base pay plus nom-discretionary bonuses, shift premiums, production bonuses, and commissions *1.5
24
Q
What is the statute of limitations for overtime claims?
A
- 2 years
25
What is the equal pay act?
* Men and women receive equal pay for equal work
| does not reach comparable worth
26
What is HR's duty under ERISA when managing other people's retirement funds?
* Act like a prudent investor
| no speculative risks
27
What is the difference between a defined benefit and a defined contribution plan?
* Defined benefit- company promises a certain amount of retirement and bears the risk of loss of the investment
* Defined contribution- company's only obligation is to contribute a certain amount to retirement plan; employee bears risk of loss of the investment
28
What is a qualified plan and what are its advantages?
* Qualified means all employees at least 21 years of age and having been with the company 1 year can participate: contributions are deductible by the company; but not taxed to employees until withdrawn
29
What is the Pension Benefit Guaranty Corporation?
* The insurance plan guaranteeing payment of qualified defined benefit plans
30
Under COBRA, what are the qualifying events and how long does COBRA last for them?
* 18 months for termination or reduction in hours
* 29 months for disabled at time of termination
* 36 months for divorce , death, lack of dependency
31
Explain the Family Medical Leave Act (FMLA)
FMLA applies to employers with 50 or more employees (full or part time) within a 75-mile radius; grants 12 unpaid weeks per year time off for serious medical condition of self, spouse, parent, or child, or loco parentis (in place of parent) Employee must have worked at least 12 months in last 7 years and 1250 hours in the past year
32
How many weeks does the FMLA expansion give for qualified exigency leave and how much for military caregiver leave?
* 12 workweeks, 26 workweeks in a 12 month period
33
What law(s) protect veterans against discrimination and harassment in the workplace?
* USERRA(The United Services Employment and Reemployment Rights Act)
* VOW(Veteran Opportunity to Work) Hire Heroes Act
34
Under the Affordable Health Care Act, penalties can be imposed on employers who do not provide minimum affordable health insurance in organizations with how many FTEs(full time equivalents)
* 50 or more
35
What is the difference between injury and illness in OSHA?
* Injury is a single event whereas illness is a condition from exposure
36
What are the three main forms to be completed for OSHA?
* Form 300 (log)
* Form 300A (year-long summary)
* Form 301 (one report for each incident)
37
To what employers does the NLRA apply?
* Those in interstate commerce
38
What are Section 7 rights under the National Labor Relations Act (NLRA)
* Concerted activities which are protected such as discussing compensation and working conditions to band together to bargain collectively. So do not tell employees to keep their salaries confidential
39
What are Weingarten rights?
* Union workers have the right to have union representative present during an investigatory interview (meaning discipline could result from answers)
40
What did the Lechmere v. NLRB case hold?
* Employer does not have to allow non-employed union organizers on business property
41
When can an employer order a credit report on an applicant or employee?
* According to Fair Credit Reporting Act, on an applicant only upon written consent and if adverse action is going to be taken, must give details about scores under Dodd-Frank Reporting Act.
* For an employee, employer does not have to give advance notice if a third party is conducting an investigation regarding misconduct
42
What two things does an employer have to check for, under the Immigration Reform and Control Act?
* Identity
| * Right to work
43
If possible, how long should an employer issue a WARN notice before the plant closing or mass layoffs occurs?
60 days
44
When May an employer use a lie detector?
* When the employer is government, in security, drug manufacturing, intelligence, or current employee under reasonable suspicion of economic loss, but employer may not discharge solely on test results or failure to test
45
What does Genetic Information Nondiscrimination Act (GINA) prevent?
* Discrimination or request of genetic information about an individual or family member
46
* Sources of Law
* The Constitution- The highest law in the US and the foundation on which all IS law has been built
* Statutes-Actions passed by legislative bodies
* Regulations-Regulations reflect how laws will be implemented. They are proposed, adopted, and enforced by administrative agencies
* Executive Orders- An executive order directed by President
* Agency Guidelines-Administrative agencies issue guidelines that interpret how laws and regulations will be enforced
* Common Law- Based on court decisions
SHRM SCP FLASHCARD
flashcards
Decks in class (9)
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