SHRM-CP Certification (Laws) Exam with Complete Solutions

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The USA Patriot Act (2001) - ANSWER Legislation passed shortly after the terrorist attacks of September 11, 2001, that granted broad surveillance and detention authority to the government. The Clay... ton Act (1914) - ANSWER This legislation modified the Sherman Anti-Trust Act by prohibiting mergers and acquisitions that would lessen competition. It also prohibited a single person from being a director of two or more competing corporations. This act restricts the use of injunctions against labor and legalized peaceful strikes, picketing, and boycotts. The Consumer Credit Protection Act (1968) - ANSWER Act that limits the amount of wages that can be garnished or withheld in any one week by an employer to satisfy creditors. The Copeland "Anti-Kickback" Act (1934) - ANSWER This act 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 a law that recognizes the rights of an individual creator (in any medium) from the time he or she has created a work and that protects a creative work for the lifetime of that author plus 70 years. Copyright Term Extension Act of 1998 - ANSWER life of author + 70 years The Davis-Bacon Act (1931) - ANSWER covers construction contractors that receive more than $2,000 in federal money The Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) - ANSWER 1. Created the Consumer Financial Protection Bureau (CFPB) within the Federal Reserve 2. Oversees the relationship between consumers and providers of financial products and services 3. Can enforce against "abusive acts and practices" The Economic Growth and Tax Relief Reconciliation Act (EGTRRA) (2001) - ANSWER Adjusts vesting schedules, increases retirement plan limits, permits catch-up contributions by participants over age 50 in certain plans, and modifies distribution and rollover rules. The Electronic Communications Privacy Act (ECPA) (1986) - ANSWER Federal law that extended employees' privacy rights to electronic forms of communication including e-mail and cell phones; outlaws the intentional interception of electronic communications and the intentional disclosure or use of the information obtained through such interception. The Employee Polygraph Protection Act (1988) - ANSWER Prohibited the use of lie detector tests except under limited circumstances The Employment Retirement Income Security Act (ERISA) (1974) - ANSWER Establishes uniform 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 closings, bankruptcies, or mismanagement. Protects plan beneficiaries. The Equal Pay Act (EPA) (Amendment to the FLSA) (1963) - ANSWER Prohibits employers from discriminating on the basis of sex by paying wages to employees at a rate less than the rate paid to employees of the opposite sex for equal work on jobs requiring equal skill, effort, and responsibility, and which are performed under similar working conditions. The FAA Modernization and Reform Act (2012) - ANSWER Includes measures that amend the Railway Labor Act to change union certification election processes in the railroad and airline industries and impose greater oversight of the regulatory activities of the National Mediation Board. This law 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 Transaction Act (FACT) (2003) - ANSWER Provided certain requirements in third-party investigations of employees misconduct charges. Employers are released from obligations to disclose requirements and obtain employee consent if the investigation involves suspected misconduct, a violation of the law or regulations, or a violation of preexistían written employer policies. The Fair Credit Reporting Act (FCRA) (1970) - ANSWER Required employers to notify candidates that credit reports may be obtained; required written authorization by the candidate and that the employer provide a copy of the report to the candidate before taking an adverse reaction. The Fair Labor Standards Act (FLSA) (1938) - ANSWER This federal law covers employers engaged in interstate commerce, regulates child labor, maximum hours, and minimum wages. The law, among other things, specifically prohibits children under the age of 14 from most types of work, making exceptions for, e.g., lawn care, newspaper delivery, and entertainment, and restricts the employment of children between the ages of 15-18 in various ways. It also requires employers to pay employees who agree to work more than 40 hours per week no less than one and a half (1½) times their regular pay for all hours over 40. The Foreign Corrupt Practices Act (FCPA) (1997) - ANSWER Prohibits American companies from making bribery payments to foreign officials for the purpose of obtaining or keeping business. The Health Information Technology for Economic and Clinical Health Act (HITECH) (2009) - ANSWER Effectively immense hippo, designed to promote the adoption and meaningful use of Health Information Technology, including electronic prescribing and medical records. Also addressed privacy and security concerns by strengthening the enforcement of the HIPAA rules and expanding HIPAA mandates to include business associates of covered entities The Health Insurance Portability and Accountability Act (HIPAA) (1996) - ANSWER Under this federal law employers who provide health insurance are restricted in whom they can exclude for a "preexisting condition." The collection, use, and disclosure of health information are also regulated, and violations of these provisions are subject to civil and criminal penalties. The Immigration and Nationality Act (INA) (1952) - ANSWER Fundamental body of US immigration law. Provisions apply to all employers. Addresses employment eligibility and employment verification; defines the conditions for the temporary and permanent employment of aliens in the US Immigration Reform and Control Act (IRCA) (1986) - ANSWER This law prohibits the hiring of illegal aliens. Employers must complete a Form I-9 for each employee verifying that the employee is either a U.S. citizen or is otherwise entitled to work in this country. The IRS Intermediate Sanctions (2002) - ANSWER Provides guidelines regarding the determination of reasonable compensation for executives of nonprofit organizations; allows the IRS to impose penalties when it determines that top officials have received excessive compensation from their organizations The Labor-Management Relations Act (LMRA) (1947) - ANSWER Also called the Taft-Hartley Act, this is the first national legislation that placed controls on unions. It prohibits unfair labor practices by unions and outlaws closed shops, where union membership is required in order to get and keep a job. It requires both parties to bargain in good faith and covers nonmanagement employees in private industry who are not covered by the Railway Labor Act. Labor-Management Reporting and Disclosure Act (1959) - ANSWER Also known as the Landrum-Griffin Act, outlined a Bill of Rights for union members and established procedures for union elections, discipline, and financial reporting. Mine Safety and Health Act (1977) - ANSWER Established mandatory mine safety and health standards and created MSHA The National Industrial Recovery Act (1933) - ANSWER Set by FDR to aide the recovery of the economy from the Great Depression. Supported and some cases enforced an alliance of industries. Called for industrial self regulation and declared codes of fair competition. The Needlestick Safety and Prevention Act (2000) - ANSWER Mandated recordkeeping for all needlestick and sharp injuries; required employee involvement in developing safer devices The Norris-LaGuardia Act (1932) - ANSWER This law marked the beginning of the era of strong encouragement of unions and guaranteed to each employee the right to bargain collectively "free from interference, restraint, or coercion." The Occupational Safety and Health Act (OSHA) (1970) - ANSWER federal law setting and enforcing guidelines for protecting workers from unsafe conditions and potential health hazards in the workplace The Omnibus Budget Reconciliation Act (OBRA) (1993) - ANSWER reduced compensation limits in qualified retirement programs The Pension Protection Act (PPA) (2006) - ANSWER Changes the laws that affect defined benefit and contribution plans, individual retirement accounts, and other issues related to retirement planning. This law requires employers that have underfunded pension plans to pay a higher premium to the Pension Benefit Guarantee Corporation (PBGC). The Personal Responsibility and Work Opportunity Reconciliation Act (1996) - ANSWER In 1996, this act transformed the welfare system in the U.S. It ended the federal guarantee of assistance to families with dependent children and allocated greater flexibility to the states in administering welfare. The act required the welfare recipient to work within 2 years, limited the time one can receive welfare to 5 years, required mothers to name the biological father of her children and seek child support from him, and permitted the welfare recipient to remain home to care for children only in two-parent families. This was significant because it promoted family stability and moved adults into the work force permanently. The Portal-to-Portal Act (1947) - ANSWER Clarified definition of 'hours worked' for the FLSA The Railway Labor Act (1926) - ANSWER This law was created to allow railway employees to organizase into labor unions. Over the years, it has been expanded in coverage to include airline employees. The Rehabilitation Act (1973) - ANSWER Extended protection to those with physical or mental handicaps The Retirement Equity Act (REA) (1984) - ANSWER Provides certain legal protections for spousal beneficiaries of qualified retirement programs The Revenue Act (1978) - ANSWER Adds two important sections to the Tax Code relevant to employee benefits: Sections 125 and 401(k) Sarbanes-Oxley Act (SOX) (2002) - ANSWER A federal statute that establishes rules to improve corporate governance, prevent fraud, and add transparency to corporate operations. The Securities and Exchange Act (1934) - ANSWER An act that regulates the trading of securities such as stocks and bonds in the secondary market The Service Contract Act (SCA) (1965) - ANSWER This law calls for payment of prevailing wages and benefit requirements to all employees providing service under the agreement. All contractors and subcontractors, other than construction services, with contract value in excess of $2,500 are covered. The Sherman Anti-Trust Act (1980) - ANSWER A law that would protect against monopolies and cartels, this law was created and subsequently used by federal prosecutors to break up the Standard Oil Company into smaller units. The Small Business Job Protection Act (SBJPA) (1996) - ANSWER This law increased federal minimum wage levels and provided some tax incentives to small business owners to protect jobs and increase take-home pay. It created the SIMPLE 401(k) retirement plan to make pension plans easier for small businesses. The Social Security Act (1935) - ANSWER The greatest victory for New Dealers; created pension and insurance for the old-aged, the blind, the physically handicapped, delinquent children, and other dependents by taxing employees and employers. The Tax Reform Act (1986) - ANSWER simplify the income tax code, broaden the tax base and eliminate many tax shelters and other preferences The Taxpayer Relief Act (1997) - ANSWER This act was passed to create new savings programs called Roth IRA's and Education IRA's. The Trademark Act (1946) - ANSWER "Lanham Act" Created federal trademark law, giving criteria necessary under law The Unemployment Compensation Amendments Act (UCA) (1992) - ANSWER This law established 20% as the amount to be withheld from payment of employee savings accounts when leaving an employer and not placing the funds (rolling over) into another tax-approved IRA or 401(k). The Uniformed Services Employment and Reemployment Rights Act (USERRA) (1994) - ANSWER Protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services. The Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) (1974) [as amended by the Jobs for Veterans Act (JVWA (2008)] - ANSWER This veteran support legislation requires all employees subject to the law to post their job openings with their local state employment service. The Wagner-Peyser Act (1933) [as amended by the Workforce Investment Act (WIA) (1998)] - ANSWER Created a nationwide system of employment offices known as Employment Services Offices, which provided job seekers with assistance in their job search, assistance in searching jobs for unemployment insurance recipients, and recruitment services for employers. The Walsh-Healey Act (Public Contracts Act) (1936) - ANSWER Guarantees prevailing wages to employees of government contractors with contracts of $10,000 or more. The Work Opportunity Tax Credit (WOTC) (1996) - ANSWER Authorized by the Small Business Job Protection Act of 1996; encourages employers to hire targeted groups of job seekers by reducing employers' federal tax liability. Labor-Management Reporting and Disclosure Act (1959) - ANSWER also known as the Landrum-Griffin Act, outlined a Bill of Rights for union members and established procedures for union elections, discipline, and financial reporting Americans with Disabilities Act (ADA) (1990) - ANSWER Protects individuals with disabilities from being discriminated against in the workplace. Prohibits discrimination based on disability in all employment practices. Employers must take steps to accommodate individuals covered by the act. The Civil Rights Act (Title VII) (1964) - ANSWER prohibits discrimination in employment on the basis of race, religion, color, sex, or national origin The Civil Rights Act (1991) - ANSWER U.S. act that expands the possible damage awards available to victims of intentional discrimination to include compensatory and punitive damages; gives plaintiffs in cases of alleged discrimination the right to a jury trial. Drug-Free Workplace Act (1988) - ANSWER requires specific government related groups to ensure that their workplace is drug free The Equal Employment Opportunity Act (EEOA) (1972) - ANSWER Amends Title VII of Civil Rights Act of 1964; increases enforcement powers of EEOC; adds employees of state and local government and educational institutions. [Show More]

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