SHRM-SCP Laws
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1. Clayton Act (1914): Modified Sherman Anti-Trust act by
prohibiting mergers and acquisitions that would lessen
competition. It also prohibited a single person from being a
director of 2 or more competing corporations. Restricts the
use of injunctions against labor and legalized peaceful strikes,
picketing, and boycotts.
2. Consumer Credit Protection Act (1968): Limits the amount of
wages that can be garnished or withheld in any one week by
an employer to satisfy creditors. Law prohibits employee
dismissal because of garnishment for any one indebtedness.
3. The Copeland "Anti-Kickback" Act (1934): This act precludes a
federal contractor or subcontractor from inducing an
employee to give up any part of their wages to the employer
for the benefit of having a job.
4. Copyright Act (1976): Protection of "original works" for authors
so others may not print, duplicate, distribute, or sell their
work.
5. Copyright Term Extension (1998): extended copyright
protection to the duration of the author's life plus 70 years for
general copyrights and to 95 years for works made for hire
and works copyrighted before 1978.
6. Davis-Bacon Act (1931): Requires contractors and
subcontractors on certain federally funded or assisted
construction projects over $2,000 in the US to pay wages and
fringe benefits at least equal to those prevailing in the local
area where the work is performed. ONLY APPLIES TO
LABORERS AND MECHANICS.
7. Dodd-Frank Wall Street Reform and Consumer Protection
Act (2010): Wide range of mandates affecting all federal
financial regulatory agencies and almost every part of the
nation's financial services industry.
8. Economic Growth and Tax Relief Reconciliation Act
(EGTRRA) (2001): Modifications to the Internal Revenue code
that adjust pension vesting schedules, increasing retirement
plan limits, permitting pre-tax catch-up contributions by
participants over the age of 50 in certain plans, and
modification of distribution and rollover rules.
9. Electronic Communications Privacy Act (ECPA)(1986): Unique
law with two pieces of Legislation: Wiretap Act an Stored
Communications Act. Combined they provide rules for access,
use, disclosure, interpretation, and privacy protections of
electronic communications, and they provide the possibility of
both civil and criminal penalties for violations. EX: Saying this
call may be recorded or monitored.
10. Employee Polygraph Protection Act (1988): Prohibits the use
of lie detector tests for job applicants and employees of
companies engaged in interstate commerce. EXCEPT for law
enforcement and national security.
11. Employee Retirement Income Security Act (ERISA):
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; and
protects plan employee and plan beneficiaries.
12. Employee Retirement Income Security Act (ERISA)(1974):
DOESN'T require employers to establish pension plans but
governs how those plans are managed once they are
established.
13. Enacted as part of the American Recovery and
Reinvestment Act (ARRA), this law made several changes
to the Health Insurance Portability and Accountability Act,
including:: the establishment of a federal standard for security
breach notifications that requires covered entities, in the event
of a breach of any personal health records (PHI) information,
to notify each individual whose PHI has been disclosed
without authorization. This is the HITECH
14. Equal Pay Act (EPA) (1963): APPLIES to ALL EMPLOYERS. It's
an amendment to the FLSA and is enforced by the EEOC.
Prohibits employers from discriminating on the basis of sex by
paying wages to employees at a rate less that 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.
15. FAA Modernization and Reform Act (2012): Amends 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 (NMB).
16. FAA Modernization and Reform Act requires:: the
Government Accountability Office (GAO) initially to evaluate
the NMB's certification procedures and then audit the NMB's
operations every 2 years.
17. Fair and Accurate Credit Transactions Act (FACT) (2003):
Amendment to the Fair Credit Reporting Act, providing for
certain requirements in third party investigations of employee
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 preexisting written employer
policies. A written plan to prevent identity theft is required.
18. Fair Credit Reporting Act (FCRA): Federal law giving
consumers the right to view and correct their credit
information.
19. Fair Labor Standards Act (FLSA)(1938): this law is the first
federal law to require employers to maintain records on
employee race and sex identification.
20. FLSA provision for employers to: retain all payroll records,
collective bargaining agreements, sales, and purchase records
for at least 3 years.
Any time card, piecework record, wage rate tables, and work
and time schedules should be retained for at least 2 years.
A workplace poster is required to notify employees of the
federal minimum wage.
21. FLSA: Record Keeping for Non-Exempt Employees include::
Employee's full name and SS
Address, including ZIP code
Birth date, if younger than 19
Sex
Occupation
Time and Day of week when employee's workweek begins.
Hours worked each day and total hours worked each week
(including meal breaks)
Basis on which employees wages are paid (hourly, weekly,
piecework).
Regular hourly pay rate.
Total daily or weekly straight-time earnings
\Total overtime earnings for the workweek
All additions or deductions from the employees wages.
Total wages paid each pay period.
Date of payment and the pay period covered by the payment.
22. Foreign Corrupt Practices Act (FCPA)(1997): Prohibits
American companies from making bribery payments to foreign
officials for the purpose of obtaining or keeping business.
23. Health Information Technology for Economic and Clinical
Health Act (HITECH) (2009): Requires that anyone with
custody of personal health records send notification to
affected individuals if their personal health records have been
disclosed, or the employer believes they have been disclosed,
to any unauthorized person.
24. Health Insurance Portability and Accountability Act (HIPAA)
(1996): Ensures that people who leave or lose their jobs can
obtain health coverage even if they or their family has a
serious illness or injury or is pregnant.
25. Immigration and Nationality Act (INA) (1952): The first law
that pulled together all of the issues associated with
immigration and is considered the foundation on which all
following immigration laws have been built.
Addresses employment eligibility and employment
verification.
It defines the conditions for the temporary and permanent
employment of aliens in the US.
26. Immigration and Reform and Control Act (IRCA)(1986): First
law to require new employees to prove both their identity and
their right to work in this country. Regulations implementing
this law created the form I-9.
Law prohibits the discrimination against job applicants on the
basis of national origin or citizenship.
27. The INA defines alien as:: any person lacking citizenship or
status as a national of the US.
28. The INA differentiates an alies as:: Resident or nonresident
Immigrant or non immigrant
Documented and undocumented.
29. IRS Intermediate Sanctions (2002): Guidelines for determining
reasonable compensation for executives of nonprofit
organizations.
Enacted by the IRS and applied to nonprofit organizations that
engage in the transactions that inure to the benefit of a
disqualified person within the organization.
Rules allow the IRS to impose penalties when it determines
that top officials have received excessive compensation from
their organizations.
Intermediate sanctions may be imposed either in addition to or
instead of revocation of the exempt state of the organization.
30. The need to curtail illegal immigration led to the enactment
of:: the Immigration Reform and Control Act (IRCA)

Provides privacy requirements related to medical records for

individuals as young as 12 years old.

Limits exclusions for preexisting conditions and guarantees

renew-ability of health coverage to employers and employees,
allowing people to change jobs without the worry of loss of
coverage.

Restricts the ability of employers to impose actively-at-work

requirements as preconditions for health plan eligibility, as
well as a number of other benefits.
 SHRM-CP - US Laws and Regulations
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1. $134.004 per year: highly compensated employee (HCE) salary
threshold
2. $913 per week: minimum salary level for exempt status
3. 18 months: maximum length of COBRA coverage for
employees terminated for any reason other than gross
misconduct or as a result of reduction in hours
4. 29 months: maximum length of COBRA coverage for
employees disabled at the time of reduction in hours or
termination
5. 36 months: maximum length of COBRA coverage for divorce or
death of employed spouse or dependent child that loses
eligibility
6. 180 days: a claim under Title VII of Civil Rights Act of 1964
must be filed within how many days of the alleged
discriminatory practice?
7. 300 days: if a state or locality (deferral states) have their own
agencies that process and/or investigate charges of
discrimination, charges must be filed within how many days?
8. ADA Amendments Act (ADAAA) of 2008: expanded the
interpretation of the definition of disability; made it easier to
establish coverage under the "regarded as" portion of the
disability definition
9. Age Discrimination in Employment Act (ADEA): passed to
prohibit discrimination in the workplace on the basis of age;
protects employees and applicants age 40 and above
10. Agency guidelines: issued guidelines that interpret how laws
and regulations will be enforced
11. Americans with Disabilities Act (ADA) of 1990: a landmark
civil rights law protecting qualified individuals with disabilities
from discrimination
12. blackout period: any period of more that 3 consecutive
business days during which participants or beneficiaries
cannot direct or diversify assets credited to their accounts or
obtain loans or distributions; typically occur when there is a
new plan provider or a change in investment options
13. blue-collar workers: those who perform work involving
repetitive operations with their hands, physical skill, and
energy; will not be exempt no matter how highly compensated
14. Bona fide occupational qualification (BFOQ): factor - religion,
sex, or national origin - that is reasonably necessary to carry
out a particular job function; race cannot be included
15. child labor provisions: FLSA restricts the hours and conditions
of employment for minors and protects children under 18
years of age from "oppressive" employment conditions
16. Civil Rights Act of 1964: landmark piece of US legislation; the
first comprehensive federal law making it unlawful to
discriminate in employment on the bases of race, color,
religion, sex, or national origin
17. Civil Rights Act of 1991: allowed employees who win
discrimination cases to collect punitive and compensatory
damages; allows for jury trials in cases where plaintiff is
seeking these damages
18. Color discrimination: treating someone unfavorably because of
skin color
19. Common law: law based on court decisions and the concept of
precedent, rather than statutory law, and is recognized on the
federal level; at-will employment is an example
20. comparable worth: deals with pay differentials between
women and men who perform comparable - but not equal -
work
21. Compensatory damages: awarded to make an injured person
"whole" - compensation for damaged property, lost wages,
medical expenses, etc.
22. conflict of interest final rule or fiduciary rule: rule intended
to help ensure that Americans saving for retirement get
investment advice that is in their best interest
23. The Consititution: the highest law in the country and the
foundation on which all US law has been built
24. Consolidated Omnibus Budget Reconciliation Act (COBRA)
of 1985: provides individuals and their dependent who
otherwise would lose their coverage due to a qualifying event
with an opportunity to pay to continue receiving health-care
coverage under the employer's group health plan; employees
must pay the full premium for the coverage and potentially a
2% administration fee
25. Direct threat standard: standards that exclude individuals who
pose a significant risk of substantial harm to the health or
safety of the individual him/herself or others if that risk cannot
be eliminated or reduced by reasonable accommodation
26. Disability: an impairment that substantially limits one or more
major life activity
27. Disparate (adverse) impact: when a neutral policy has a
discriminator effect (intentional or otherwise)
28. Disparate treatment: when an applicant or employee is
treated differently because of his or her membership in a
protected class
29. Dodd-Frank Wall Street Reform and Consumer Protection
Act (2011): amended the FCRA; states that employers who take
adverse action against a prospective or current employee as a
result of a information contained in a consumer report must
provide an oral, written, or electronic notice of the adverse
action as well as specific credit score information used and the
name of the consumer reporting agency
30. DOL: Has jurisdiction over reporting, disclosure, and fiduciary
responsibility for ERISA
31. DOL, IRS, and the Pension Benefit Guaranty Corporation
(PBGC): enforcement and jurisdiction for ERISA is split across...
32. Drug-Free Workplace Act of 1988: federal contractors with
contracts of $100,000 or m ore as well as recipients of grants
from the federal government must follow requirements to
certify that they are maintaining a drug-free workplace
33. Employee Polygraph Protection Act (EPPA) of 1988:
generally prevents most private employers from requiring
applicants or employees to take a polygraph test for
preemployment screening or during the course of employment
34. Employee Retirement Income Security Act (ERISA) of 1974:
establish uniform minimum standards to ensure that employee
benefit and pension plans are set up and maintained in a fair
and financially sound manner; designed to protect the interests
of participants in the plans and their beneficiaries
35. Employment practices liability insurance (EPLI): type of
liability insurance covering an organization against claims by
employees, former employees, and employment candidates
alleging that their legal rights in the employment relationship
have been violated
36. EPLI: structured as gap insurance for a company; covers things
like discrimination, breach of contract, and wrongful discharge
suits
37. EPLI reimbursements: reimburse the costs of defending a
lawsuit in court and for judgement and settlements; covers
legal costs regardless of outcome; does not cover punitive
damages or civil or criminal fines
38. Equal Employment Opportunity Act of 1972: amendment to
Title VII that gave the EEOC authority to "back up" its
administrative findings and conduct its own enforcement
litigation
39. Equal Employment Opportunity Commission (EEOC):
established by Title VII of the Civil Rights Act of 1964 to
enforce anti-discrimination provisions
40. Equal Pay Act (EPA) of 1963: Technically an amendment to the
FLSA; prohibits unequal pay for equal or "substantially equal"
work performed by men and women
41. Equal work: Equal skills, effort, responsibilities, working
conditions as defined by the Equal Pay Act of 1963
42. Essential functions: the primary job duties that a qualified
individual must be able to perform, either with or without
accommodation
43. Exceptions to EPPA: 1) employees who are reasonably
suspected of involvement in crime involving the business
2) prospective employees of armored car, security alarm, and
security guard firms
3) prospective employees of pharmaceutical and other firms
authorized to work with controlled substances
44. Executive orders: a directive by the chief executive of a
governmental until (e.g. POTUS) telling a governmental unit
how it will act or interact with members of its community
45. Exempt employee: an employee that is excluded from the
minimum wage and overtime pay requirements of the law -
executive, administrative, professional, and outside sales
positions
46. Fair and Accurate Credit Transaction Act (FACT) of 2003:
amendment to FCRA; provides some relief to employers using
third parties to conduct workplace investigations; allows
employers to move forward with investigations that may
involve misconduct, a violation of law or regulations, or
violation of any preexisting written policy without consent or
disclosure requirements of the FCRA
47. Fair Credit Reporting Act (FCRA) of 1970: regulates the
collection and use of consumer credit information; purpose is
to protect the privacy of background information and to
ensure that the information supplied is accurate; requires full
disclosure of consumer reports by consumer reporting
agencies (CRAs) so that individuals subject to them can
dispute the accuracy, wrongful use, or interpretation of the
information
48. Fair Labor Standards Act (FLSA) of 1938: establishes minimum
wage, overtime pay, youth employment, and record-keeping
standards affecting full-time and part-time workers in the
private sector and in federal, state, and local governments;
sometimes referred to as "wage and hour law"
49. Family and Medical Leave Act (FMLA) of 1993: requires
employers to allow employees to take time off for certain
caregiving, medical, military, and family needs
50. Faragher v. City of Boca Raton (1998) and Burlington
Industries, Inc. v. Ellerth (1998): Two U.S. Supreme Court
ruling distinguishing between supervisor harassment that
results in tangible employment action (such as discharge,
failure to promote, or demotion) and supervisor harassment
that does not.
51. Fiduciary duties: plan must be operated for the exclusive
benefit of the participants and their beneficiaries
52. Form 5500: annual report filed with the IRS and made available
for participants to inspect; required for employers that
sponsor qualified retirement plans and/or that have at least
100 employees participating in health and welfare plans
53. Gender: social constructed system that associates masculinity
or femininity with certain roles, behaviors, activities, and
attributes
54. Gender identity: one's internal, personal sense of being a man
or a woman
55. General Duty Clause: states that each employee has the right
to a place of employment which is free from recognized
hazards that are causing or are likely to cause death or serious
physical harm
56. Genetic Information Nondiscrimination Act (GINA) of 2008:
prohibits discrimination against individuals on the basis of their
genetic information in both employment and health insurance
57. Griggs v. Duke Power 1971: set the standard for determining
whether discrimination based on disparate impact exists;
determined that employment discrimination need not be overt
or intentional to be unlawful and may still be unlawful even if
it is a practice applied to all employees
58. Health Portability and Accountability Act (HIPAA) of 1996:
part of this act created changes to the rules regarding COBRA
including continuation of coverage if 18 month period has been
exhausted but new coverage is gained within 63 days,
allowance for an additional 11 months of coverage if the
employee is disabled at the time of qualifying event or
disabled within the first 60 of COBRA coverage, and the
preexisting condition limitation to COBRA was cut off
59. Hostile environment: when sexual or other discriminatory
conduct is so severe and pervasive that it unreasonably
interferes with an individual's performance; creates an
intimidating, threatening, or humiliating work environment; or
perpetuates a situation that affects the employee's
psychological well-being
60. Immigration Reform and Control Act (IRCA) of 1986:
designed to accomplish two divergent purposes -
prohibits discrimination against job applicants on the basis of
national origin or citizenship and at the same time establishes
penalties for hiring undocumented workers
61. IRS: Has jurisdiction over tax-related matters involving benefit
plan (funding, eligibility, etc.)
62. Labor-Management Relations Act (LMRA) of 1947:
significantly amended the NLRA and imposed several
restrictions and requirements on unions; known as the Taft-
Hartley Act
63. Labor Management Reporting and Disclosure Act (LMRDA)
of 1959: further amended the NLRA and imposed regulations
on internal union affairs and the relationship between union
officials and union members; known as the Landrum-Griffin Act
64. Lechmere, Inc. v. NLRB (1992): U.S. Supreme Court ruled that it
is not an unfair labor practice to bar nonemployee union
organizers from company property
65. Ledbetter v. Goodyear Tire and Rubber Co. 2007: U.S.
Supreme Court ruling against claims of sex discrimination in
pay under Title VII because claims were "not timely" and
charges were not filed with the EEOC in the 180-day time frame
which is a prerequisite for bringing a discrimination case
66. Lilly Ledbetter Fair Pay Act of 2009: This act overturned the
2007 U.S. Supreme Court decision; under this Act the statute of
limitations resets as the employer issues each allegedly
discriminatory paycheck
67. living wage: stipulate pay rates that exceed both state and
federal minimums
68. major life activies: according to the ADA - walking, seeing,
hearing, breathing, thinking, communication, operation of major
bodily functions, transferring/mobility, toileting/personal
hygiene, bathing and dressing, and caring for oneself
69. meals and breaks: rest period of five to 20 minutes that are
considered hours worked
70. Military Caregiver Leave: this benefit provides up to 26
workweeks of unpaid FMLA leave during a single 12-month
period for an eligible employee who is the spouse, son,
daughter, or parent, or next of kin of a covered service
member with a serious injury or illness
71. minimum wage: FLSA requires employers to pay covered
nonexempt employees at least this federal wage for all hours
worked up to 40 in a workweek
72. National Defense Authorization Act (NDAA) of 2008:
expansion to FMLA which provided leave for employees with
family members (spouse, son, daughter, or parent) who are
covered members of the military
73. National Federation of Independent Business v. Sebelius of
2012: U.S. Supreme Court ruling the Patient Protection and
Affordable Care Act requirement that individuals purchase
health insurance was constitutional but requirement that states
expand Medicaid was not
74. National Labor Relations Act (NLRA) or 1935: passed with the
purpose of protecting and encouraging the growth of the
union movement; established worker's rights to organize and
bargain collectively with employers; known as the Wagner Act
or Wagner-Connery Act
75. National origin: the country of one's birth or of one's ancestors'
birth
76. NLRB v. Weingarten (1975): a landmark labor relations case;
dealt with the right of a unionized employee to have another
person present during certain investigatory interviews
77. Nonexempt employee: an employee that is not excluded from
minimum wage pay requirements and is entitled to overtime
pay
78. occupational illness: a medical condition or disorder, other
than on resulting from an occupational injury, caused by
exposure to environmental factors associated with
employment
79. occupational injury: an injury such as a cut, fracture, sprain, or
amputation that results from a work-related accident or
exposure involving a single incident in the work environment
80. Occupational Safety and Health Act (OSH Act ) of 1970:
federal law that requires employers to provide safe and
healthful working conditions for employees
81. Occupational Safety and Health Administration (OSHA):
created with the federal DOL to administer and enforce the
OSH Act; mission is to heal employers and employees reduce
on-the-job injuries, illnesses, and deaths
82. Occupational Safety and Health Review Commission
(OSHRC): commission created to hear appeals under the OSH
Act
83. Offensive conduct: offensive jokes, slurs, epithets or name
calling, physical assaults or threats, intimidation, ridicule or
mockery, insults or put-downs, offensive objects or pictures,
and interference with work performance
84. Older Workers Benefit Protect Act of 1990: amendment to
the ADEA to prohibit discrimination in employee benefits and
waivers of claims
85. on-call/standby time: If the employer restricts an employee's
activities and does not allow any personal business, then these
hours are included as time worked
86. Patient Protection and Affordable Care Act (PPACA) of
2010: requires that virtually all citizens and legal residents of
the US are required to have "affordable, minimum health
coverage" or face tax penalties; one of the largest US health-
care reforms since Medicare legislation in 1965
87. Patient Protection and Affordable Care Act (PPACA) of
2010: amendment responsible for increasing coverage to
children up to age 26
88. Pension Benefit Guaranty Corporation (PBGC): insures
payment of certain pension plan benefits in the event that a
private-sector defined benefit pension plan lacks sufficient
funds to pay the promised benefits
89. Phillips v. Martin Marietta Corporation 1971: one of the first
cases to apply the sex discrimination provisions of Title VII to
employment decisions; employer may not, in the absence of
business necessity, refuse to hire women with preschool-aged
children while hiring men with such children
90. Portal-to-Portal Act of 1947: amended the FLSA and defined
additional hours worked including on-call/standby time,
preparatory/concluding activities, waiting time, meals and
breaks, travel time, and training time
91. Pregnancy Discrimination Act (PDA) or 1978: amendment to
Title VII that prohibits discrimination on the basis of pregnancy,
childbirth, or related medical condiditons
92. preparatory/concluding activities: an activity that is
performed at the start or end of job; performed solely for the
employer's benefit and is a indispensable part of the
employee's job activities (e.g. putting on safety gear)
93. prima facie: the minimum amount of evidence an employee
must demonstrate in order to state a claim as a matter of law
94. Primary duties: main or most important duty of the position
95. Protected class: people who are covered (or perceived to be
covered) under a particular federal, state, or local
antidiscrimination law
96. prudent person rule: rule that states that an employer cannot
take more risks than a reasonably knowledgeable investor
would under similar circumstances
97. Punitive damages (exemplary damages): requested in a
lawsuit in an attempt to punish when a defendant's willful acts
were malicious, violent, oppressive, fraudulent, wanton, or
grossly reckless
98. Purpose of an EPLI policy: to protect a business against the
risk of heavy financial losses resulting from employment
claims and lawsuits
99. Quid pro quo: when an employee is forced to choose between
giving in to a superior's sexual demands and forfeiting an
economic benefit such as a pay increase or continued
employment; "this for that"
100. Race discrimination: treating someone unfavorably because
he or she is of a certain race or because of personal
characteristics associate with race
101. Reasonable accommodation: modifying or adjusting a job
application process, work environment, or the circumstances
under which a job is usually performed to enable a qualified
individual with a disability to be consider for the job and
perform its essential functions
102. Regulations: reflect how laws will be implemented and often
have the force of law
103. Requirements for FLSA exemptions: 1) minimum salary
2) paid on a salary basis (without improper deductions)
3) primary duties
104. safe-harbor provision: prevents an employee from losing an
overtime exemption for improper pay deductions
105. Sarbanes-Oxley Act (SOX) of 2002: act requires that all
publicly held companies establish internal controls and
procedures for financial reporting to reduce the possibility of
corporate fraud
106. Sex: classification of people as male or female; includes
gender and gender identity
107. Sexual orientation: sexual, romantic, or emotional/spiritual
attraction that one feels for another - opposite, same, or both
sex or gender
108. SOX blackout period requirement: requires administrators of
401(k) and other defined contribution plans to provide notice
to affected participants and beneficiaries at least 30 days in
advance of covered blackout period
109. Statutes: actions passed by legislative bodies, such as
Congress and state legislatures, and by local government
units, such as cities and counties
110. Title VII of the Civil Rights Act of 1964: passed to bring
about equality in hiring, transfers, promotions, compensation,
access to training, and other employment-related decisions
111. unfair labor practice (ULP): when a union or an employer
violates Section 8 of the National Labor Relations Act;
commonly file against the union because the union failed to
fairly represent its members or against union leaders for
intimidation, coercion, violence, or other labor law violations
112. Uniformed Services Employment and Reemployment Rights
Act (USERRA) of 1994: enacted to protect the employment,
reemployment, and retention of persons who voluntarily or
involuntarily serve or have served in the uniformed services
113. Uniform Guidelines of Employee Selection Process: adopted
in 1978 - procedural document that covers all aspects of the
selection process, including recruiting, testing, interviewing,
and performance appraisals
114. vesting: the process by which a retirement benefit becomes nonforfeitable, that is, when the employee is permanently entitled to a
portion or all of his or her benefit
115. Veterans Opportunity to Work (VOW) to Hire Heroes Act of 2011: amended USERRA to recognize claims of a hostile work
environment on account of an individual's military status
116. Vicarious liability: legal doctrine under which a party can be held liable for the wrongful actions of another party; because of this
doctrine, employers are legally responsible for the discriminatory acts of the employees
117. Waiting time: when an employee does work while waiting for their shift to begin
118. Worker Adjustment and Retraining Notification Act (WARN Act ) of 1988: requires some employers to give a minimum of 60 days
notice if a plant is to close or if mass layoffs will occur
119. workweek: any fixed, recurring period of 168 consecutive hours (7 days x 24 hours = 168 hours)

: Three exceptions to WARN Act

Faltering Company-when company has actively sought new capital or business to stay open and giving notice would ruin the opportunity to get that
.
Unforeseeable business circumstances - sudden and not foreseeable ie the sudden loss of a key client

Natural Disaster - when closing/layoff is direct result of an ND