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Terminating the Single Employer Plan - Procedures and Issues

The termination of a single employer plan, that is, a plan maintained either by a single individual employer or by two or more related employers, will involve Internal Revenue Code (the Code) rules. In addition, if the plan is subject to Title IV of the Employee Retirement Income Security Act of 1974...

Overview of ERISA's Legislative and Regulatory Scheme

Prior to the enactment of the Employee Retirement Income Security Act of 1974 (" ERISA "), the Internal Revenue Code provided virtually the only rules governing employee benefit plans. However, these rules were hardly all encompassing. Plans could impose stringent vesting requirements such...

Preventing an EEOC Systemic Investigation

Situation: A longstanding female employee -- who did not complain internally -- files gender discrimination charges with the Equal Employment Opportunity Commission (EEOC) alleging that she has been repeatedly passed over for promotion in favor of less qualified men. Regardless of the merit of her charge...

Family and Medical Leave Act

The Family And Medical Leave Act (FMLA) was enacted to strike a balance between work and family by providing job security and mandating the continuation of benefits for workers who need time off to attend to serious family matters. The FMLA permits employees to take up to 12 weeks of unpaid leave for...

Paid Time Off

Think an employer has to be generous with work breaks and days off? Think again. The laws in this area definitely favor the employer. Vacations and Holidays No private employer has to offer vacation or holiday time off, with or without pay. If an employee chooses to voluntarily offer vacation...

International Labor and Employment Law: The Continuing Conflicts

Thomas L. Friedman in his book, The World Is Flat: A Brief History of the Twenty-First Century (Farrar Straus and Giroux, New York 2005) at page 114 quoted the following African proverb: “Every morning in Africa a gazelle wakes up. It knows it must run faster than the fastest lion or it will be...

Enforcing the Americans with Disabilities Act

Enacted in 1990, the Americans with Disabilities Act (ADA) added disabilities to the list of characteristics - such as race, color, religion, sex and national origin – that were subject to protection from discrimination. The ADA guarantees equal opportunity for individuals with disabilities in...

Employer Strategies in Enforcing Covenants Not to Compete

From an employer's perspective, whether a covenant not to compete is enforceable is irrelevant if a departing employee and other parties can be sued into submission. Employer strategies include the following: Seeking a temporary injunction. If a lawsuit is going to be filed, an employer will...

Filing a Claim with the EEOC

The Civil Rights Act of 1964 requires that the federal Equal Employment Opportunity Commission (EEOC) enforce anti-discrimination laws. The EEOC is authorized to investigate and settle claims of illegal discrimination. In addition, many states have their own anti-discrimination agencies. The deadline...

Understanding Employment Discrimination

The Sources of Employment Discrimination Law [A] The United States Constitution As the fundamental law of the land, the United States Constitution imposes on public employers duties that limit their ability to make employment choices on the basis of certain characteristics — race, sex...

Effects of New Pension Legislation in a Down Environment

In an Emerging Issues Analysis, Professor Jayne Zanglein analyzes the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA), signed into law by President Bush on December 23, 2008. The WRERA provides relief to workers, employers, and retirees affected by the current economic crisis, and it includes...

Fla. Stat. § 741.313 (2008) and Employee Leave Act for Victims of Domestic and Sexual Violence

In 2007, the Florida Legislature enacted Fla. Stat. § 741.313 (2007), entitled Unlawful Action Against Employees Seeking Protection. Section 741.313 requires employers in Florida with 50 or more employees to grant domestic violence victims up to three working days leave for certain purposes. These...