| Employee Retirement Plans |
| ERISA presumes that retirement plans are intended to continue indefinitely rather than have a scheduled end date; however, ERISA does allow employers to terminate retirement plans and establishes certain rules that apply to how the assets of a terminated plan must be handled. Plan terminations are characterized on the basis of the circumstances surrounding the termination and whether the plan is able to pay all benefits that are owed to plan participants.More... |
| Privacy - Personnel Files - Collection & Access |
| One of the major issues surrounding privacy rights is the information gathered and shared by employers. At the top of this list of issues is the maintenance and use of personnel files. Additionally important, however, are workplace practices surrounding polygraph testing, drug testing, computer and telephone monitoring, and interference with personal lifestyle. More... |
| Race and Color Discrimination under Title VII |
| Title VII of the Civil Rights Act of 1964 prohibits discrimination by employers against employees and applicants on the basis of their race or color. This means that employers may not refuse to hire, fire, demote, or take other adverse action against an employee or applicant because of his or her race or color. If Title VII is violated, an employee or applicant may file a civil action against the employer in a federal court. More... |
| Unemployment Benefits -- General Issues |
| In addition to the Social Security program established to assist retired and disabled individuals, the Social Security Act of 1935 included a provision for a federal/state unemployment insurance program. This program provides payments to individuals who have lost their jobs, typically through no fault of their own. These payments, which are subject to certain eligibility requirements and are paid for through employer payroll taxes.More... |
| Scope of the National Labor Relations Act |
| Congress passed the National Labor Relations Act in 1935 to regulate transactions between labor unions or organizations and private employers. Enforcement of the Act rests with the National Labor Relations Board, its General Counsel, and its regional offices. The major duties of the Board are to investigate allegations of unfair labor practices and to ensure that they are stopped. The Board is also tasked with overseeing and certifying elections through which employees decide whether they will be represented by a union and, if so, which union will represent them.More... |
O'Brien, Belland & Bushinsky, LLC
