SHRM-CP- US Employment Laws and Regulations Exams 2025-2026, Exams of Sociology of Work and Employment

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SHRM-CP- US Employment Laws and Regulations Exams 2025- 2026

The constitution - CORRECT ANSWER-delincs the powers of the different [cderal gov. branches statutes - CORRECT ANSWET-refer to actions passed by the legistative bodies such as nd by local govt unils such as cilics or countrics. oxeentive orders - CORRECT ANSWER-a dircclive by the chief oxectutive of govt unit ( president) telling that go srmmental unit how it will act or interact with members of its community. Agency guidelines - { ‘- includes agency interpretations, policy statements, letters and advisory materials to supplement or explain regulations and statutes Common law - CORRECT ANSWER-Based on court decisions and is recognized on the federal level. cx. omployment al. will Rule making process - CORRECT ANS 2. public comment is invited 3. final rule is issued Amendment - CORRECT ANSWEF-the modification of the constitution or a law Bill- CORRECT ANSWEF-a proposal presented to a legislative body for possible enactment as a statu veto - CORRECT ANSWER-action of rejecting a bill or statute regulations - C eflect how laws will be implemented and often have the force of law. A rule or order issued by an administrative agency. Employment practices liability insurance (EPLI]} type of Liability insurance covering an organization against claims by emplo . former employees and employment candidates alleging that their legal rights in the employment relationship have been violaled. the purpose is Lo protect a business against the risk of heavy financial losses resulting from employment claims and lawsuits. what does EPLI caver - CORRECT ANSWEF-discrimination, breach of contract. and wrongful discharge suits protected class - CORRECT ANSWER-describes people who are covered under a particular federal, state, or local antidiscrimination law. disparate treatment discrimination - CORRECT ANSWE-occurs when an applicant or employee is trealed differently because of his or her membership in a protected class - national orgin, sex or race disparate (adverse) impact ssults when aneutral policy has a discriminatory effect. (ex. nonessential education requirements for certain jobs that impact minorily groups who have limited educational opportunities: cmploymenL sercening requirement|s ) How to check for adverse impact for an organization who interviewed 40 males. males get hired, 6 females get hired. 50% female selection rate 6/30= 20% 2. identify the group with the highest selection rate : males at 50% (majority group) 3. divide the lowest selection rate (minority group by the highest. 20/50 = 40% Griggs vs Duke Power - CO SWER-set the standards for determining whether discrimination based on disparate impact exists.(ex. education required or a test score.) Phillips vs Martin Marietta Corporation - CORRECT ANSWER-an employer many not refuse to hire women with preschool ages chiildren whi with such children Civil Rights of Act of 1991 - CORRECT ANSWER-provides for but limits the damage awards available to victims of international discrimination in violation of Title VII, ACA, section 501 of rchabilitation acl 1973 ( applics Lo [ederal government employees only) ADEA - age discrimination in employment act exceptions - CORRECT ANSWER-if age is a bona fide occupational qualification for reasons that are necessary to the normal operations - the employer is adhering to a genuine seniority or benefit plan - the employer is diciplining or firing a person other than age - the employee is top executive or policy maker , unions with 2 training programs OWBPA- Older worker benefit protection act - CORRECT ANSWER-amended the ADEA to prohibit discrimination in employee benefits and waiver of claims Why a function may be considered essential - CORRECT ANSWER-- the reason the job exists is to perform the function - there are a limited # of employees available among whom performance of the job fimction can be distributed - the function is highly specialized and require specific expertise or ability ADA amendment Act ( ADAAA) of 2008 - ¢ seeking law's protections to demonstrate that they m makes it easier for individuals + the definition of disability identifying a reasonable accommodation (steps) - CORRECT ANSWER-1. individual asks for accommodation, dircetly or indirectly 2. identify the barriers to performance of essential job functions for the individual 3. identify possible accommodations (hal might be helpful in overcoming barriers 4. assess the reasonableness of the accommodations, whether they are the employers responsibility or impose unduc hardship 3. choose an appropiate accommodation for the individual Quid pre quo harassment that occurs when an employee is forced to choose between giving in to a sup as a pay increase or continued employment Faragher v. City of Boca Raton and Burlington Industries v Ellerth - CORRECT ANSWER-US supreme court rullings distinguished between supervisor harrassment that results in tangible employment actions (discharge, failure to promote, demotion) and supervisor harassment that does not. tor's sexual demands and forfeting an economic benefit such work. if more than 50 % of an employees time is spent performing excempt work, the employee is more likely to be considered exempt. However there is no 50% requirement under federal law safe harbor provision - CORRECT ANSWE- prevents an employer from losing overtime exception from improper pay deductions- regardless of the reason for the improper deductions- where the employer has communicated policy that proibils improper pay deductions and includes a complaint mechanism, reimburses employees for any improper deductions, makes a good faith effort to comply in the future Blue collar workers - CORRECT ANSWER those who perform work involving repel’ operations with their han¢ s, physical skill and energy. These positions will nat be excempt no matter how highly they are compensated. Mechanics, plumbers, electricians, maintenance workers, productions workers, and constructions workers. workweek - CORRECT ANSWER-any fixed, recurring period of 168 consecutive hours ( 7days x 24 hours = 168 hours) child labor provisi ER-The FLSA restricts the hours and conditions of employment for minors and protcets children under the age of 18 from opressive employment conditions Exceptions to the minimum wages - CORRECT ANSWER- employees younger than 20, during their 1si 90 conscculive calendar days of employment - tipped employees - full timme students who ale omployed in retail, service ostablishmonts, argiculture, or institutions of higher education - student leamers who are a student at an accredited school at least 16 yrs old and employed parttime - workers whose earning or productive capacity is impaired by physical or mental disability Portal to Portal Act - CORRECT ANSWER--employers may not be required to pay wages or OT when an emploee s off premise and on-call -employee must be paid for changing time if they are required to change at work. - does not require an employer to provide rest or meal breaks to nonminors -commuting is not paid work time attendance is voluntary Training time does not have be paid if - attendance is outside of the employees regular work hours - the event is not directly job related - the employee performs no productive work during this period Equal Pay act - C and women Equal pay act exceptions - ¢ eniority system, merit system, difference in the qualily or quantity of work, gcographie work differentials, any factors olher than sex comparable worth - CORRECT ANSWER-Concept that jobs filled primarily by women that require skills, effort, responsibility, and working conditions comparable to similar jobs filled primarily by men should have the same classifications and salaries. Blackout notice - CORRECT ANSWEF-must include: -reasons for the blackout period, -identification of the investment and partipant rights that are affected, -expected beginning date and length of blackout period, -statement that individuals should evaluate the appropiateness of their current investment to direct of diversify their accounts fined can be up to $100 per day per affected participant who did not receive notice Ledbetter v. goodyear tire - CORRECT ANSWERthe US supreme court ruled against this claim of sex discrimination because the t! i the 180 day time frame Lilly Ledbetter Fair Pay Act aceur wronged employees can rcecive fair compensation by extcnding the period in which they ensures that when discrimination does may file a chargo/claim PPACA- Patient Protection and Afforable care act requires group health plans to provide coverage to dependent children up to age 26. All US citizens and idents are required to have affordable minimum coverage ( exception is made to lower income re individuals). Requires employers with more than 50 full time employees to provide health coverage NDAA- National Defense Authorization Act - of FMLA leave for employees with family mem! provided the Ist expansion rs who are co d members of the military. the act added 2 new qualifying events: qualifying exihency leave and military care giver Quilaified Exigency leave - CORRECT ANS due to a spouse, son, daughter, or parent being on covered act: duty or having been notified of an impending call or order to covered active duty in the armed forces. Military caregiver leave - CORRECT ANSWER-provides up to 26 workweeks of unpaid FMLA leave during a single 12 month period for an cligible employee who is the spous on, daughter, parent or next of kin of a covered service member with a serious injury or illness. USERRA- Uniformed services employment and reemployment rights act - CORRECT ANSWER-Lo protect the employment, reomployment|. and retontion rights of pe $s wha voluntarily or in voluniarilty scrve or have served in the uniformed services RR Medicaid and expansion of the individual mandate. Medicaid offers federal funding to states to National Federation of Independent Business v. Sebelius - -considered assist with pregnant women, children, needy families, the blind, elderly, and the disabled in obtaining medical care. the individual mandate requires to purchase private health insurance coverage if not received through an employer government. program General duty clause sach omployec has the right lo a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm An employer can sLill be cited under OSHAs general duty clause for employee injuries where - { ‘e- the employer failed to keep workplace free of a hazard - the hazard was recognized either by the cited employer or employers industry ~ the hazard was causing or was likely to cause death or serious physical harm - there was a feasible means available that would eliminate or materially reduce the hazard LMRDA- Labor Management Reporting and Disclosure Act AKA Landrum-Griffin Act - ‘-deals with the relationship between a union and its members NLRB- National Labor Relations Board - CORRECT ANSWER-an independent agency from the NLRA. created to enforce the self organization rights of employees to: -form, join or assist labor organizations -bargain collecti through representatives of their own choosing -engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection refrain from any or all such activities. ates charges of unfair labor practi -They determine standards for the union and inv unionized employees had a right to to have a union represeniative present during inv atory inlerviows Limits of the Weigarton ruling - CORRECT ANSWER. mocury it docs not apply to other types of s such as where the employer is merely informing the employee of a decision it has already made to impose discipline -an omployee can be prohibited from having an atlarney present - the employer is not required to bargain with the representative or permit to disrupt the proper conduct of the interview Lechmere Inc v NLRB - CORRECT ANSWER-ruled that an employer cannot be compelled to allow nonemployee organizers onto the business property. Fair Credit Reporting Act -FCRA - CORRECT ANSWEF-regulated the collection and use of comsumer credit info. to protect the privacy of background info and to ensure that the info supplied is accurate Fair and Accurate Credit Transactions Act (FACT) - CORRECT ANSWER-an employer who uses a 3rd party to conduct a workplace investigation no longer needs to follow the consent. and disclosure requirements of lhe FCRA belore commencing the investigation if Lhe investigation. involves suspected misconduct, violation of law, violation or preexisting written policies of the employer Dodd-Frank Wall street reform and consumer protection act - CORRECT ANSWERemployers who take adverse action against a prospective or current employee or independent contractor based on info contained in the consumer report have to provide the individual notice as well as specilic credil. score info used. Immigration Reform and Control Act- IRCA - CORRECT ANSWER-prohbits discrimination against job applicants on the basis of national origin or citizenship and establishes penalties for hiring undocumented workers with cerLain exeepLions Worker Adjustment and Retraining Notification Aci. WARN) - CORRECT ANSWER-rcquires employers to give a minimum of 60 days of advance written notice if a plant is to close or if mass layoffs will occur. Applies to employers who employ 100 or more full time employees or full time and part time employees who work at least 4000 hours per week Exceptions to the 60 day WARN noti acti CORRECT ANSWER-- covers where an org has sly sought new captial or business in orde to stay open and where giving notice: ruin the opportunity Lo gel a new capital or business - closings and layoffs that were sudden - layolfis the direct resull. of a nauural disaster - divorce or death of spouse (up to 36 months) -dependent child loses eligibility status (up to 36 months) Employees must make election within 60 days ADA- Americans with Disabilities Act coverage - state, and local government employers with 15 or more employees. Does not cover federal governments when it acts as an employer. Covers Medical examinations, drug and alcohol abuse