early 2000s
Financial privacy of employees & job applicants was enhanced in 2003 w/ these amendments to Fair Credit Reporting Act, providing for certain requirements in 3rd party investigations of employee misconduct charges. Employers are released from obligations to disclose requirements & obtain employee consent if investigation involves suspected misconduct, violation of law or regulations, or violation of pre-existing written employer policies. Written plan to prevent identity theft is required.
What is Fair and Accurate Credit Transactions Act (FACT) (2003)?
Requires that anyone w/ custody of personal health records send notification to affected individuals if their personal health records have been disclosed or employer believes they have been disclosed, to any unauthorized person. Enacted as part of American Recovery & Reinvestment Act (ARRA), this law made several changes to HIPAA, including establishment of federal standard for security breach notifications that requires covered entities, in event of breach of any personal health records (PHI) information, to notify each individual whose PHI has been disclosed w/o authorization.
What is Health Information Technology for Economic and Clinical Health Act (HITECH) (2009)?
All contractors and subcontractors of publicly held companies are subject to the Sarbanes-Oxley Act, even if they are not publicly held. Take away: nearly everyone is subject to whistleblower provisiosn of SOX.
What is Lawson v. FMR LLC. (No. 12–3)in a 6-3 decision?
Employer voluntarily recognizes union as bargaining unit's representative. The election bar is in place for reasonable amount of time to allow parties to negotiate contract.
What is Voluntary-Recognition Bar?
USERRA protects members of all uniformed services, employee pension rights are protected, temporary employees don't have reinstatement rights
What are USERRA rights?
Guidelines for determining reasonable compensation for executives of nonprofit organizations, enacted by IRS & applied to non-profit organizations who engage in transactions that inure to benefit of disqualified person w/i organization. These rules allow IRS to impose penalties when it determines that top officials have received excessive compensation from their organizations. May be imposed either in addition to or instead of revocation of exempt state of organization.
What is IRS Intermediate Sanctions (2002)?
Focused solely on pensions, this law requires employers that have under-funded pension plans to pay higher premium to PBGC & requires employers that terminate pension plans to provide additional funding to those plans, impacting nearly all aspects of retirement planning, including changes to rules about IRAs.
What is Pension Protection Act (PPA) (2006)?
NLRB has certified bargaining representative & election will not be ordered for at least one year
What is Certification-Year Bar?
details such as what, when & how service item will be delivered are agreed upon to manage expectations
Wht is service level agreement (SLA)?
OSHA introduced new group of requirements for medical community. Sharps, as they are called, are needles, puncture devices, knives, scalpels, and other tools that can harm either the person using them or someone else. Law & Regulations provide rules for handling devices, disposing of them Y Encouraging invention of new devices that will reduce or eliminate risk of injury due to sharps.
What is Needlestick Safety and Prevention Act (2000)?
equirements apply to all Federal contractors with $25,000 or more in contract value (if the contract was signed before December 1st, 2003), and federal contractors with $100,000 or more in contract value (if the contract was signed on or after December 1st, 2003), regardless of the number of total employees.
What is Jobs for Veterans Act (JVA) (2008)
Election petitions are barred when there is pending Unfair Labor Practice (ULP) charge.
What is Blocking Charge Bar?
Process the garnishments received not to exceed 25 percent of the employee’s disposable earnings
What is Title III of the Consumer Credit Protection Act for ordinary garnishments (not support, bankruptcy or state or federal tax)?
Sharps injuries are recorded on this w/ "privacy case" listed not employee's name. There are communication requirements including employment poster content requirements.
What is OSHA 300 log?
used while a bargaining unit is covered by a valid collective-bargaining agreement.
What is Contract Bar?
wages, hours, other terms and conditions of employment & negotiation of agreement & bargaining related to questions that arise from agreement
What are mandatory subjects in collective bargaining negotiations?
Strict oversight of publicly held companies, holding corporate officer accountable for proper recordkeeping & reporting of financial info. Plan asministrators of defined contribution plans must provide notiice of covered blackout periods & provides whistleblower protection.
What is Sarbanes-Oxley Act (SOX) (2002)?
prohibits an election in bargaining unit that had valid election during preceding 12 months
What is Statutory Bar?
any lawful topic other than those identified as mandatory by NLRA, which generally include management rights, such as production scheduling, operations & selecting supervisors.
What are voluntary subjects in collective bargaining negotiations?