Transcript ENP Study Group Introduction

ENP Study Group
Legislation
BROUGHT TO YOU BY: THE FLORIDA NENA EDUCATION COMMIT TEE
Legislation
BOK Exam Structure Index
The Legislation section of the ENP exam:
Legislation = 5% or 7.5 questions
◦ Employment Laws and Regulations
◦ Compensation Laws and Regulation
Legislation = 5%
◦ Funding and Enabling Legislation
◦ Telecommunications Regulatory Environment
◦ Special Legislative Areas
Legislation
Federal 911 Legislation
Legislative Branch - Acts
◦ United States Code (USC) a consolidation and codification by subject matter of
the general and permanent laws of the United States
Executive Branch - Rules
◦ Code of Federal Regulations (CFR) A codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government
Judicial Branch – Decisions, Rules, Interpretations
◦ Case Law
Legislation
Federal 911 Legislation
1934
•Communications Act of 1934 (Title 47 USC) as Amended
•combined and organized federal regulation of telephone, telegraph, and radio
communications
•Telecommunications Act of 1996
1996
1999
• Major overhaul of Communications Act of 1934
•Wireless Communications and Public Safety Act of 1999 – 911 Act
•establishing 911 as the Universal Emergency Number, mandated 911 for wireless phones
•setup enhanced 911
•FCC Rule making authority
Legislation
Federal 911 Legislation
•ENHANCE 911 Act of 2004
2004
• established a National E911 implementation and Coordination Office (ICO) (5 year Program)
• charged with coordinating the implementation of 911 and E911 at the Federal, State, and local levels and
administering a Federal PSAP grant program
• administer a Federal PSAP grant program including language to ensure that 911 fee revenue is used only for
the purposes for which the funds are being collected
•New and Emerging Technologies (NET) 911 Improvement Act of 2008
2008
• promote and enhance public safety by facilitating the rapid deployment of IP enabled 911 and
E-911 services
• encourage the Nation's transition to a national IP-enabled emergency network,
• improve 911 and E-911 access to those with disabilities
Legislation
Federal 911 Legislation
2012
•Next Generation 9-1-1 Advancement Act of 2012
• part of The Middle Class Tax Relief and Job Creation Act of 2012
• extends immunity to PSAPs and NG911 service providers as provided for wireless
communications
• Government Accountability Office study on collection and use (including diversion) of
911 fees by states and localities
• appropriates up to $115 million from spectrum auction proceeds to 911
Implementation grants
• reauthorized National 9-1-1 Implementation Coordination Office
• National 9-1-1 Office report to Congress on detailed costs for specific Next Generation
911 service requirements
• FCC
• Multi-Line Telephone Systems feasibility report
•create a long-term do-not-call registry for PSAP administrative and 10-digit
emergency lines;
•legislative and regulatory framework report to support NG911 deployment
Legislation
Federal Communications Commission
FCC enforces regulations covering telecommunication services (by wire or
radio)
Rules - Title 47 of the Communications Act of 1934
◦Notice of Proposed Rule Making (NPRM) – Obtain information
◦Report and Orders – to implement or clarify regulations
• Wireless 911
• VoIP 911
• Telecommunications Relay Service Rules
Legislation
Federal Communications Commission
Wireless E911 Rules - Docket 94-102
Rules apply to all wireless licensees, broadband Personal Communications
Service (PCS) licensees, and certain Specialized Mobile Radio (SMR) licensees
Wireless E911 program (FCC requires carriers, within six months of a valid
request by a local Public Safety Answering Point (PSAP))
• Phase I, provide the PSAP with the telephone number of the originator of a
wireless 911 call and the location of the cell site or base station transmitting
the call
• Phase II, the estimate of the location of the caller expressed in latitude and
longitude, meet FCC accuracy standards (modified in 2011.)
Legislation
Federal Communications Commission
VoIP 911 Rules
Interconnected VoIP providers – (PSTN connectivity)
• provide 911 service to all customers as a standard, mandatory feature
• may not allow their customers to "opt-out" of 911 service.
• must obtain the physical location at which the service will first be used.
• must provide easy way(s) to update the physical location
• transmit 911 calls as well as ANI and the caller’s location to the PSAP
• routed 911 calls to the dedicated PSAP wireline E911 circuits
• ensure that their customers have a clear understanding of any 911 service
limitations
Legislation
Federal Communications Commission
Telecommunication Relay Service (TRS)
Telephone service that allows persons with hearing or speech disabilities to
place and receive telephone calls.
Telephone providers are compensated for the cost for providing TRS from state
or federal fund.
No cost to TRS users.
Legislation
Federal Communications Commission
Telecommunication Service Priority (TSP)
FCC program that sets priorities for the repair or return
It directs telecommunications service providers (e.g., wireline and wireless
phone companies) to give preferential treatment to users enrolled in the
program when they need to add new lines or have their lines restored
following a disruption of service, regardless of the cause.
FCC sets the rules and program policies
U.S. Department of Homeland Security, manages program.
Legislation
Employment and Compensation Laws & Regulations
1890
•Sherman Antitrust Act
•prohibited certain business activities that federal government regulators deem to be
anticompetitive
•Clayton Anti-Trust Act - Amendment to clarify and supplement the Sherman Antitrust Act
1914
1926
• prohibited exclusive sales contracts, local price cutting to freeze out competitors, rebates, interlocking directorates in
corporations capitalized at $1 million or more in the same field of business, and inter-corporate stock holdings
• restricted the use of injunctions against labor, and it legalized peaceful strikes, picketing, and boycotts
•Railway Labor Act
•requiring employers to bargain collectively and prohibiting discrimination against unions
•originally to interstate railroads and their related undertakings
Legislation
Employment and Compensation Laws & Regulations
•Norris-LaGuardia Act
1932
1933
• sanctioned the right of labor unions to organize and strike, and to use other forms of economic leverage in
dealings with management
• barred Federal courts from issuing restraining orders or injunctions against activities by labor unions and
individuals, including the following:
• joining or organizing a union, or assembling for union purposes;
•striking or refusing to work, or advising others to strike or organize;
•publicizing acts of a Labor dispute; and
•providing lawful legal aid to persons participating in a labor dispute;
•National Industry Recovery Act
•provides codes of "fair competition" and to fix wages and hours in industries
subscribing to such codes
Legislation
Employment and Compensation Laws & Regulations
•Wagner Act - National Labor Relations Act (NLRA)
1932
• applicable to all firms and employees in activities affecting interstate commerce with the
exception of agricultural laborers, government employees, and those persons subject to the
Railway Labor Act
• guaranteed covered workers the right to organize and join labor movements, to choose
representatives and bargain collectively, and to strike
• Employers were forbidden by the Act from engaging in any of the five categories of unfair labor
practices
• dominating or otherwise interfering with formation of a labor union, including the provision
of any financial or other support;
• interfering with or restraining employees engaged in the exercise of their rights to organize
and bargain collectively;
• imposing any special conditions of employment which tended either to encourage or
discourage union membership;
• discharging or discriminating against an employee because he had given testimony or filed
charges; and
•refusing to bargain collectively with unions representing a company's employees
Legislation
Employment and Compensation Laws & Regulations
•Fair Labor Standards Act - The Wage-hour Law
1938
• established minimum wages and maximum hours for all workers engaged in covered "interstate
commerce."
• August 23, 2004 the U.S. Department of Labor (DOL) implemented new regulations provided
updated criteria for employers to use in determining which employees are subject to or exempt
from the overtime provisions of the Act
• all employees subject to overtime and minimum wage requirements unless their positions have
been specifically determined to be exempt. This exemption is based on an evaluation of the
employee's duties and responsibilities
• executive;
• administrative management;
• professional;
• certain computer-related occupations
Legislation
Employment and Compensation Laws & Regulations
•Taft-Hartley Act - Labor-Management Relations Act
• National Labor Relations Act modification established procedures for delaying or averting "national
1947
emergency" strikes, prohibited "closed shop“, and excluded supervisory employee coverage
• added a list of unfair labor practices forbidden to unions
•Landrum-Griffin Act - Labor-Management Reporting and Disclosure Act
1959
1959
• major additions to the Taft-Hartley Act, including definition of additional unfair labor practices and a ban on
organizational or recognition picketing
• allows State labor relations agencies and courts to assume jurisdiction over labor disputes
•Labor-Management Reporting and Disclosure Act – numerous amendments
•provide for the reporting and disclosure of certain: financial transactions and
administrative practices of labor organizations and employers
Legislation
Employment and Compensation Laws & Regulations
•Executive Order 10988 - President John F. Kennedy (federal labor-management relations policy)
1962
1963
• allows unions to organize in a cooperative fashion rather than create an adversarial relationship
in the federal sector
• exclusion for certain agencies: FBI, CIA, Agency, or to any office, bureau or entity within an
agency primarily performing intelligence, investigative, or security functions
•Equal Pay Act - amendment to the Fair Labor Standards Act
•prohibits discrimination on the basis of sex in the payment of wages
•pay may be different based on seniority, merit system or quantity or quality of
production, or factor other than sex.
Legislation
Employment and Compensation Laws & Regulations
• Civil Rights Act, Title VII – numerous amendments
1964
• Civil Rights Act of 1957 - primarily a voting rights bill
• established that employment decisions based on race, color, religion, sex, or national origin are
discriminatory and illegal
• Applies to employers with 15 or more employees, including federal, state, and local governments
• 1978, the Civil Service Commission, the Department of Labor, the Department of Justice, and the
Equal Opportunity Commission jointly adopted the Uniform Guidelines on Employee Selection
Procedures
• establish uniform standards for employers for the use of selection procedures and to address
adverse impact, validation, and record-keeping requirements
• outline the requirements necessary for employers to legally defend employment decisions
based upon overall selection processes and specific selection procedures
• 1991, Civil Rights Act, provides that if race, color, religion, sex, or national origin are a motivating
factor, the employment decision is discriminatory and illegal
• provided for compensatory and punitive damages
• Addressed racial harassment and discriminatory seniority systems
Legislation
Employment and Compensation Laws & Regulations
•Executive Order 11246 - President Lyndon B. Johnson
1965
• prohibits federal contractors and subcontractors and federally-assisted construction contractors
and subcontractors that generally have contracts that exceed $10,000 from discriminating in
employment decisions on the basis of race, color, religion, sex, or national origin
• provided for affirmative action to ensure that equal opportunity in all aspects of employment
•Age Discrimination in Employment Act - Amended
1967
• protects individuals who are 40 years of age or older from employment discrimination based on age
• Prohibits discrimination on the basis of age on any term, condition, or privilege of employment, including
hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training
• applies to employers with 20 or more employees, including federal, state and local governments
Legislation
Employment and Compensation Laws & Regulations
•Executive Order 11375 - President Lyndon B. Johnson
1967
• required that all discriminatory practices toward current employees and applicants be
eliminated by federal contractors
• forbids federal contractors from discriminating in employment decisions on the basis of
physical or mental handicaps
•Executive Order 11478 - President Richard M. Nixon
1969
• provides a uniform policy for the Federal government which prohibits discrimination on the
basis of sexual orientation in the federal civilian workforce
• adds sexual orientation to prohibited discrimination based to race, color, religion, sex, national
origin, handicap, or age
Legislation
Employment and Compensation Laws & Regulations
1970
• Occupational Safety and Health Act
•Under the US Department of Labor
Occupational Safety & Health Administration – authorized enforcement of
the standards developed
provides for occupational safety and health standards in the workplace
•individual states may still develop and enforce their own health and safety
programs, as minimum meet the federal program
•adopted a large number of federal safety and health standards divided into
various categories
•requires records of work related injuries & illnesses
Legislation
Employment and Compensation Laws & Regulations
•Vocational Rehabilitation Act – various amendments
1973
• civil rights laws that protects people with disabilities from discrimination
• Title V requires that federal contractors with contracts in excess of $2,500 take affirmative
action to employ and advance in employment qualified individuals with disabilities
•Employee Retirement Income Security Act
1974
• protects the retirement assets by implementing rules that qualified plans must follow to ensure
that plan fiduciaries do not misuse plan assets
• sets minimum standards for participation, vesting, benefit-accrual and funding
Legislation
Employment and Compensation Laws & Regulations
•Vietnam Era Veterans Readjustment Assistance Act
1974
• Federal government contractors and subcontractors to provide affirmative action to employ
and advance in employment specified categories of veterans
• prohibits discrimination against the veterans
•Pregnancy Discrimination Act
1975
• prohibits discrimination on the basis of pregnancy, childbirth or related medical conditions
• applies to employers with 15 or more employees
Legislation
Employment and Compensation Laws & Regulations
1986
• Consolidated Omnibus Budget Reconciliation Act (COBRA)
•helps workers and their families keep their group health coverage during
times of voluntary or involuntary job loss, reduction in the hours worked,
transition between jobs and in certain other cases
•COBRA coverage Qualifying Event includes
•Voluntary or involuntary employment termination for reasons other
than gross misconduct
•Reduced employee work hours
•Medicare entitlement
•Divorce or legal separation
•Death (spouse/dependent coverage)
•Loss of dependent child status
Legislation
Employment and Compensation Laws & Regulations
•Employee Polygraph Protection Act
1974
• Prevents employers from using lie detector tests, either for pre-employment screening or
during the course of employment,
• with certain exemptions including federal, state and local government agencies, security
services and the manufacture, distribute or dispense controlled substances
•Older Workers Benefit Protection Act - amends Age Discrimination in Employment Act
1990
• Protect older workers from discrimination by employers based on age, when providing
employee benefits, including severance benefits
• early retirement incentive plans must be provided with complete and accurate information
concerning plan benefits
Legislation
Employment and Compensation Laws & Regulations
1990
•Americans with Disabilities Act
•prohibits discrimination on the basis of disability in employment, activities of
state and local governments, public and private transportation, public
accommodations and telecommunications
•establishes requirements for telecommunications relay services
•Department of Labor's provides publications and other technical assistance
no enforcement.
•Equal Employment Opportunity Commission (EEOC) enforces
regulations covering employment
•Department of Transportation enforces regulations governing transit
•Federal Communications Commission (FCC) enforces regulations
covering telecommunication services
•Department of Justice enforces regulations governing public
accommodations and state and local government services
Legislation
Employment and Compensation Laws & Regulations
1993
•Family Medical Leave Act
•requires that an "eligible" employee must be granted, in total, up to twelve
weeks of unpaid leave during any twelve-month period for any of the
following reasons:
•the birth, adoption, or foster care placement of a child (must be
concluded within 12 months of the birth, adoption or placement)
•a leave to care for the employee's spouse, child or parent who has a
serious health condition
•a serious health condition of the employee that makes the employee
unable to perform the functions of their job
•employee must have been employed at least 12 months worked at least
1,250 hours during the immediate 12-month period
Legislation
Employment and Compensation Laws & Regulations
•Illegal Immigration Reform and Control Act
1996
• criminal penalties for immigration related offenses, authorization for increases in enforcement
personnel, and enhanced enforcement authority
• Requires the conducting of three types of employment authorization verification pilot programs
•Social Security Act
1935
•encompass several social welfare and social insurance programs funded through payroll
taxes
•Patient Protection and Affordable Care Act
2010
•regulatory overhaul of the U.S. healthcare system
Legislation
Management of Organization
Best Wishes!