US Employment Law and Regulations Exams Practice 2025-2026 Guide, Exams of Sociology of Work and Employment

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US Employment Law and Regulations Exams Practice 2025-2026 Guide

Sources of the Law - CORRECT ANSWER—Constitution, statutes, regulations, agency guidelines, executive orders, and common law Amendment - CORRECT ANSWER-A change to the Constitution Bill- ¢ NSWER-a proposed law Public comment period - CORRECT ANSWER Time allowed for the public to express its views and concerns regarding an a ion of an administrative agency. Regulation - CORRECT ANSWER-Rule or order issued by an administrative agency of government, which usually has the force of law. Veto - CORRECT ANSWER-Action of rejecting a bill or statute. Employment practices liability insurance (EPLD Type of liability insurance cavering an organization against claims by omple , former employees, and employment candidates alleging that their legal rights in the employment relationship have been violated. Purpose is to protect business against the risk of heavy financial losses. HR Involvement in Employment Lawsuits - CORRECT ANSWER--Nolificalion, answering complaint, scheduling conforences, discovery n Lo dismiss, summary judgement, and pretrial and trail Civil Rights Act of 1991- CORRECT ANSWER-Allows for the awarding of punitive and compensatory damages, in addition to back pay, in cases of intentional discrimination Protected class - C' ANSWER-People who are covered under a particular federal or state antidiscrimination law. Disparate Treatment - CORRECT ANSWEF-results when employees from protected groups are intentionally treated differentl. to be neutral has a discriminatory effect. Civil Rights Act of 1964 religion, sex, or national origin outlawed discrimination based on race. color, Title VII of the Civil Rights Act of 1964- CORRECT ANSWEF forbids discrimination in all arcas of the employment relationship Exccpuons to Title VI- CO ‘R--Work related requirements -Bona fide occupational qualification (BFOQ) -Bona fide seniority systems -Affirmative action plans Amended additions 1o the EEOC/Title VII - { educational institutions, state and local govs, federal executive agencies, and defined units of ER--Expanded coverage Lo other branches Exceptions to the ADEA - CORRECT ANSWER-1. Employer adhering to genuine seniority system 2. Employer is disciplining or firing a person for a good cause 3. Employer is a top executive or policy maker. (can be forced to retire at $3 if entitled to receive company sponsored retirement benefits of at least $44,000/yr and have held their position for two years prior Lo retirement) Older Workers Benefit Protection Act (OWBPA)- CORRECT ANSWER-US. act that amended the Age Discrimination in Employment Act to include all employee benefits; also provided slandards thal an cmployce’s waiver of the right to suc for age discrimination must meet in order to be upheld by a court. Rehabiliation Act of 1973 - | NSW] contractors and subcontractors. Section 301 applies to federal government as an employer. ‘k- Applies to the federal government, it’s Section 503 apples only to federal contractors and subcontractors with contracts over $ 10,000 Title ] of ADA - CORRECT ANSWER-Medical examinations and inquiries. and drug and alcohol abuse ADA Amendments Act (ADAAA) 2008 - CORRECT ANSWET- broadens the protection offered . thus lain disabilitics as “presumplive’ to persons with disabilitics at work by defining co negating several court cases that had ruled certain persons having disabilities as not qualifying for coverage under the ADA Sexnal Harassment - CORRECT ANSWER--Quid pro quo: this for that vironment: occurs when other discriminatory conduct is so severe it unreasonable 25 with another's work performance Faragher v. City of Boca Raton (1998) and Burlington Industries Inc v. Ellerth (1998) - CORRECT ANSWER-Distinguished bet employment action and supervisor harassment that does nat. een supervisor harassment that results in tangible Effective harassment policies should include: - CORRECT ANSWER--be in writing -define what constitutes harassment and declares what will not be tolerated -Establish a complaint procedure that encourages employees to come forward -involve a training and education programs -provide workplace civility -include prompt and thorough investigation of every complaint -provide for an investigation that results in corrective action -use a variety of methods to communicate the policy Fair Labor Standards Act (FLSA) 1938 - CORRECT ANSWER-Established a minimum wage, overtime pay, youth employment, record keoping standards alfecling all fill and part. Lime employees IRS Factor- Behavioral control Facts that show whether an organization has a right to direct and contral ho worker does the task for which the worker is hired (cx: training the organization gives the worker) IRS Factor- Financial Control - CORRECT ANSWER-Facts that show whether an organization has the right to control the busi the worker) workers Job (ex: how the organization pays IRS Factor-Relationship of these parties - CORRECT ANSWER-Facts that show the parties’ types of relationships (ex: written contracts describing the relationship the parties intended ta communting time - CORRECT ANSWER-Not paid work even when an employee is using an organizations vehicle workday travel - CORRECT ANSWER Employees who travel in the course of a workday, such as from one work location to another, are entitled to compensation for their travel time. Travel to work-related meetings is compensable. Out of Town Travel During the Course of a Day - ‘k-Employer must consider Lime spend traveling Lo and from the airport or other lransportation terminal in the morning and evening to be equivalent of the home-to-work commute and not compensable work time Overnight travel -Any time an employee spends traveling as a passenger on a weekend be counted as normal worktime if the travel cuts across the house that the employee would normally work during the week Seminars or conferences are not compensable time if- CORRECT ANSWER--attendance is voluntary -attendance is outside of the employee's normal work hours -event is not directly job-related -cinployee performs no productive work during this period Equal Pay Act af 1963 - this act requires equal pay for men and women doing equal work. An atnendinen. to the Fair Labor Standards Act, Equal Work Factors - CORRECT ANSWER-1 Skills 2 Efforts 3 Responsibility 4 Working Conditions Employer can defend pay disparity if- CORRECT ANSWER-Based on a seniority system, merit system, difference of quality or quantity of work, geographical differences, any factor other than sex prima facie case - CORK. E'R-A case in which the plaintiff has produced sufficient evidence of his or her claim that the case will be decided for the plaintiff unless the defendant produces evidenee to rebut it. Comparable worth - CORRECT ANSWER-Deals with pay differentials between women and men that perform comparab but not equal work. Employee Retirement Income Security Act (ERISA) of 1974- CORRECT ANSWER Established a uniform minimum slandard to ensure the L omploy ce relirement plans >L up and maintained ro in a fair and financially sound manner. Employers are not required to provide a retirement plans they do. but have to follow these guidelines Department of Labor (DOL) - CORRECT ANSWER Jurisdiction over reporting, disclosure, and fiduciary responsibility IRS - finding and cligibility) Ponsion Benefit Guaranty Corporation (PBC elederal agency that insures retirement benefits and guarantees retirees a basic benefit if the employer experiences financial difficulties Consolidated Omnibus Budget Reconciliation Act (COBRA) - CORRECT ANSWER-Provides individuals and beneficiaries who would lose coverage opportunity to continue receive healthcare coverage under employers plan and at their own expense Patient Protection and Affordable Care Act (PPACA) 2010 - CORRECT ANSWER-Indirectly amends COBRA. Requires group health plans to provide coverage to depend tt children up to the age of 26 Health Insurance Portability and Accountability Act (HIPAA) 1996 - CORR! Made following changes to COBRA: rifies thal. all related qualified bencliciarics cligible for COBRA arc entitled to purchase and additional 11 months of continuation coverage if any are disabled at the time of termination of coverage Coverage cannot be terminated if qualified beneficiary has pre-existing condition -Definition of qualified beneficiary was changed to include children born to or for adoption with a covered employee while COBRA continuation coverage is in effect FMLA (Family and Medical Leave Act) 1993 - CORRECT ANSWER-Provides qualified employees with up to 12 weeks of unpaid leav for caregiving, medical, military, or family needs. Can be used all at once or on an incromental basis Exigency leave Tp to 12 weeks of FMLA leave due to a spouse, kid, or parent being on cov (going to a foreign country) Uniformed Services Employment and Reemployment Rights Act (CSERRA) 1994 T ANSWER-Enacicd to protec! the employment, reemployment, and relention rights of persons who voluntarily or involuntarily serve or have served in the uniformed services Key PPACA Provisions - CORRECT ANSWER-Eliminates lifetime maximum benefit limits on essential health benefits -Eliminates preexisting condition limitations for all participants and beneficiaries -Provides a tax credit for qualifying small employers -Provides first dollar coverage for certain preventative care services for non-grandfathered plans only -Requires coverage of employers adult kids until 26 -Requires employers to provide summary of benefits and coverage prior to enrollment -Requires employers to provide a notice of material changes at least 60 days in advance of the effective date of change -Prohibits annual limits on essential health benefits Creates state run health care marketplace Cadillac plan tax - CORRECT ANSWER-Part of PPACA provisions that places excise tax on high value hoalth plans. Will tax effect after December 31,2022 National Federation of Independent Busines Sebelius 2012 - CO. Supreme Court considered lwo key PPACA provisions: Medic: aid oxpansion and the individual mandate Occupational Safety and Health Administration (OSHA) Act of 1970 Established first national policy for workplace safety and health Key OSHA standards - JORRECT ANSWER--Emergency exit or evacuation procedures -Occupational noise exposure -Machine guarding Unfair labor practice (CLP) - CORRECT ANSWER-occurs when a union or an employer violates Section 8 of the National Labor Relations Act. to interfere with, restrain, or coerce employees” as they exercise their rights NLRB v. Weingarten (1975)- CORRECT ANSWEF-Dealt with the right of a unionized employee to have anather person present during ccrlain investigatory interviews. Known as Lhe Weingarten rights US Supreme Court rulings from NLRB v. Weingarten - CORRECT ANSWER--Management must inform union rep of subject of interview -Rep must be allowed to speak privately with the employee before the interview -Rep can interrupt to clarily a question or to objec! intimidating or confusing tactics -Rep cannot tell an employee what to say but may advise on how to answer a question -AL the end of an interview, rep can add information Lo support Lhe employees case Lechmere, Inc. v. NLRB (1992) - CORRECT ANSWER-The U.S. Supreme Court ruled thal an employer may bar non-employee union organizers from distributing leaflets on private property if the union has other reasonable means of communicating its message to the employees. Fair Credit Reporting Act (FCRA) 1970 - CORR. use of consumer credit information E-Regulates the collection and Fair and Accurate Credit Transactions Act (FACT Act) 2003 - FCRA and provides some rcliof Lo employers using 3rd parties Lo condu Amends | workplace investigations Immigration Reform and Control Act of 1986 - CORRECT ANSWER-Act that prohibits discrimination against job applicants on the bas: of national origin or citizenship; establishes Employee Polygraph Protection Act (EPPA) of 1988 - CORRECT ANSWER-Prohibited the use of lie detector tests except under limited circumstances Worker Adjustment and Retraining Notification Act (WARN) 1988 - C Requires some employers to give a minimum of 60 calendar days of advance notice ifa + plant i is to close or mass layoff will occur. Applies to employers who employ 100 or more or full and part time employees work at least 4000 hours per week at all employment siles WARN exception: Fallcring company - “overs siluation where company has actively sought new capital or business in order to open and where giving notice would ruin the opportunity to get new capital or business WARN e: applies to closings and layoffs that were sudden and not reasonable for eption: Unforeseeable business circumstances - CORRECT ANSWER-Exception ble at the time notice would have been required WARN exception: Natural disaster - CORRECT ANSWEI-Closing or layoff is direct result of a natural disas Lor like a flood, carthquake, drought, or Genetic Information Nondiscrimination Act (GINA) of 2008 - CORRECT ANSWER-Prohibits discrimination against individuals on the basis of their genetic information in both employment and health insurance GINA exceptions - CORR! --Inadvertonl. acquisitions of genetic informauon -For health or genetic services offered by employer on a voluntary basis