Do employers have a duty to keep guns out of the workplace? Do they have the power to prohibit guns on their premises? Are they exposed to liability if they don't keep guns out of their workplaces? What has the Utah legislature said about these issues? Chris discusses these questions.
Employers need to be aware that decisions they are making now about the size and make-up of their workforce will affect whether they exceed the 50 employee threshold that triggers the "pay or play" penalty in the Affordable Care Act. This presentation will focus on strategies for avoiding or minimizing exposure to the penalties under the Act.
Do employers have a duty to keep guns out of the workplace? Do they have the power to prohibit guns on their premises? Are they exposed to liability if they don't keep guns out of their workplaces? What has the Utah legislature said about these issues? Chris discusses these questions.
Employers need to be aware that decisions they are making now about the size and make-up of their workforce will affect whether they exceed the 50 employee threshold that triggers the "pay or play" penalty in the Affordable Care Act. This presentation will focus on strategies for avoiding or minimizing exposure to the penalties under the Act.
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
North Carolina Workers' Compensation Guide (9 Common Mistakes That Can Destro...Hardison & Cochran
Benjamin T. Cochran, a Board Certified Specialist in Workers' Compensation Law in North Carolina, reviews the 9 most common mistakes injured workers make when pursuing a workers' compensation case.
The Labor Laws Compliance System (LLCS) refers to the integrated framework of voluntary compliance and enforcement of labor laws and social legislations issued pursuant to the rule-making, visitorial and enforcement power of the DOLE Secretary.
Fort Worth employment lawyer Adam Kielich presents five FMLA myths employees often wrongly believe. Learn more about what FMLA doesn't protect so you can better use your FMLA rights for what it does protect. Learn more with this presentation and then visit http://kielichlawfirm.com for more information.
An overview of the Form 1002 process enacted as a result of the Louisiana Workers Compensation Law as presented by Micheal Rodriguez of www.2Hurt2Work.com
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
North Carolina Workers' Compensation Guide (9 Common Mistakes That Can Destro...Hardison & Cochran
Benjamin T. Cochran, a Board Certified Specialist in Workers' Compensation Law in North Carolina, reviews the 9 most common mistakes injured workers make when pursuing a workers' compensation case.
The Labor Laws Compliance System (LLCS) refers to the integrated framework of voluntary compliance and enforcement of labor laws and social legislations issued pursuant to the rule-making, visitorial and enforcement power of the DOLE Secretary.
Fort Worth employment lawyer Adam Kielich presents five FMLA myths employees often wrongly believe. Learn more about what FMLA doesn't protect so you can better use your FMLA rights for what it does protect. Learn more with this presentation and then visit http://kielichlawfirm.com for more information.
An overview of the Form 1002 process enacted as a result of the Louisiana Workers Compensation Law as presented by Micheal Rodriguez of www.2Hurt2Work.com
ADAAAThe Americans With Disabilities Act As AmendedThe.docxAMMY30
ADAAA
The Americans With Disabilities Act As Amended
The Americans with Disabilities Act (ADA), which became effective in 1992, is an uncompromising proclamation of this country’s commitment to equal opportunity for the disabled.
The ADA is enforced by the EEOC
The act specifically provides that the procedures and remedies under Title VII of the Civil Rights Act of 1964 shall be those used or available under the ADA
Remedies available include
Injunctions
Hiring or reinstatement order (with or without back pay)
Attorney fees
The Civil Rights Act of 1991 amended 42 U.S.C. Section 1981A to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the ADA
A disability is defined as a physical or mental impairment that substantially limits a person’s ability to walk, see, hear, perform manual tasks, learn, work, or care for him/herself.
Under the ADA, disability is broadly defined as:
A physical or mental impairment that substantially limits one or more of the major life activities of such individual
A record of such an impairment; or
Being regarded as having such an impairment
To qualify for ADA protection the disability must be long term (generally longer than six months) or permanent.
Individuals can establish that they are “regarded as having such an impairment” if they show that they have been subjected to discriminatory treatment because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity
Essential functions are the core responsibilities of a job as distinguished from marginal or incidental assignments.
The ADA applies to employers with a minimum of 15 employees.
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.
Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).
The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").
The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.
The ADA encourages woul.
The Age Discrimination and Employment ActIn 1967, Congress enact.docxmattinsonjanel
The Age Discrimination and Employment Act
In 1967, Congress enacted the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et. seq., to promote the employment of older persons based upon ability, to prevent age discrimination and to deal with issues that arise with an aging workforce. 29 U.S.C. § 621(b). The ADEA applies to employees age forty (40) or older. § 631(a). Under the ADEA, an employer cannot refuse to hire, fire or otherwise discriminate against a person with regard to compensation or terms and conditions of employment on the basis of that person’s age. § 623(a). For example, “if two people apply for the same position, and one is 42 and the other 52, the employer may not lawfully turn down either one on the basis of age, but must make such decision on the basis of some other factor.” 29 C.F.R. § 1625.1. Pursuant to this law, an employer may not deny an employee pay or fringe benefits based upon age, nor may an employer group or classify employees on the basis of age in a manner which unfairly deprives individuals of equal employment opportunities.
How is the Term “Employer” Defined under the ADEA?
Generally, the ADEA applies to employers with twenty (20) or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government. The ADEA defines “employer” to include every individual, partnership, association, labor organization, corporation, business trust, legal representative, or organized group of persons who (1) engages in an industry affecting commerce (most every industry will affect commerce within the meaning of the ADEA); and (2) has twenty (20) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year. 29 U.S.C. §621(b). The ADEA also applies to any agent of an employer that is subject to the Act. Id. Although state and local governments are included in the definition of “employer,” individuals are barred by sovereign immunity from suing states in federal court under the ADEA. Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 73 (2000). For example, age discrimination claims can be brought by employees of the State of Indiana pursuant to available administrative procedures; however, the State of Indiana cannot be sued by an individual in federal court for age discrimination.
Who are Defined as “Employees” under the ADEA?
The ADEA provides protection to employees of covered employers who are least forty (40) years old, with the exception of “bona fide executives” or “high policy makers.” Because the ADEA applies only to employees, independent contractors are not entitled to the protections afforded by the ADEA. E.E.O.C. v. North Knox School Corp., 154 F.3d 744, 746-47 (7th Cir. 1998). To qualify as a “bona fide executive,” an employee generally must: (i) be compensated on a salary basis of not less than $455 per week; (ii) have as their primary du ...
Do you need workers’ compensation insurance for your business.pdfDavid Steinfeld, Esq.
In Florida if your business is not in the construction industry and you have four or more regular employees you are required by law to have workers’ compensation insurance.
Whether a person working for your business qualifies as an employee for workers’ compensation purposes and whether an owner or worker qualifies for an exemption is an assessment to perform with your attorney before you receive a stop-work order or records request from the Division of Worker’s Compensation of the Department of Financial Services.
Ms Loh Sub Mui, a HR generalist with 20+ years experience, spoke on the laws and challenges in terminating employees to WomenBizSENSE members. She is a highly experienced group HR Manager with a locally established group of companies. Her work requires her to deal with industrial relations matters in both unionized and non-unionized environment.
Both companies and employees are extremely concerned about workplace safety. Accidents and injuries can still happen despite our best efforts to establish a safe working environment. In such cases, it is vital to ensure workers’ compensation benefits are easily accessible. This blog will thoroughly guide Workplace Injury Compensation in brief.
If you also want to get benefits of Workplace Accident Claims in the USA, contact Core Medical Center. We have a skilled team who can assist you in getting the compensation by doing all the necessary official paperwork and will provide you with medical treatment for speedy recovery.
For More Information Please Visit Our Site: https://www.coreworkerscomp.com/
#Workers'CompensationClaims
#Workers'CompensationInsurance
#WorkplaceInjuryManagementBlueSprings
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Similar to Auto Torts Identifying, Investigating, and Resolving Third Party [Compatibility Mode] (20)
47. Filing a 3rd Party Case
• When to file 3rd Party Complaint?
– Don’t wait for the WC claim to resolve;
– WC and 3rd party attorneys work in conjunction
• Include Loss of Consortium Claim
• Timely file and serve S‐2 and S‐4
– Harsh penalties if not: Callahan v. Beaufort Cty. (Court left open
whether dismissal without prejudice and refiling with S‐2 prevents
election of remedies)
• Do NOT settle third party case while WC claim is pending
without explicit confirmation that Claimant has not elected
his remedies.
50. Breeden and Future Medicals
“The Clincher Enforcement Act”
• Lien includes only those medical expenses paid
or accrued but not yet paid at the time of the
third party settlement, and does not include
future medical expenses.
• Future medicals are to be included in the fund
designated to pay future compensation benefits
under subsection (g).
53. Capping Breeden Exposure
• 3rd party companies will by carrier’s lifetime medical
obligation for a fixed cost;
• Breeden medicals then become part of existing lien;
• Negotiate resolution of lien, Plaintiff still gets lifetime
meds paid by 3rd party contracting company;
• No need for MSA