Middle Tennessee Society for Human Resource Management and Bass, Berry & Sims invite you to attend a Legal Education Workshop on ACA Reporting and Confidentiality Agreements. Please join us for a presentation regarding the newly released IRS Forms 1094 and 1095, including which employers are subject to the reporting obligation, the information those employers will need to collect in 2015, and the ACA reporting deadlines; as well as, a discussion of the most conspicuous documents that companies should be reviewing and updating, now, to avoid scrutiny; such as, employee handbooks, codes of conduct and severance agreements. This promises to be a lively and interactive discussion.
Middle Tennessee Society for Human Resource Management and Bass, Berry & Sims invite you to attend a Legal Education Workshop on ACA Reporting and Confidentiality Agreements. Please join us for a presentation regarding the newly released IRS Forms 1094 and 1095, including which employers are subject to the reporting obligation, the information those employers will need to collect in 2015, and the ACA reporting deadlines; as well as, a discussion of the most conspicuous documents that companies should be reviewing and updating, now, to avoid scrutiny; such as, employee handbooks, codes of conduct and severance agreements. This promises to be a lively and interactive discussion.
Chapter Twenty one Employment DiscriminationBeing an employer was .docxspoonerneddy
Chapter Twenty one Employment Discrimination
Being an employer was so much easier 100 years ago. Managers could use almost any criteria for hiring, promoting, and firing employees. Today, employers’ decision-making powers are restricted by both federal and state laws, many of which are discussed in this chapter.
The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
The following six sections discuss each of the major pieces of federal legislation designed to prohibit discrimination in employment; these acts are discussed in the order of their enactment. The ninth section discusses the increasingly controversial subject of affirmative action. Global dimensions of employment discrimination are discussed in the final section.Critical Thinking About The Law
You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response?
Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Assume that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some .
Chapter Twenty one Employment DiscriminationBeing an employer was .docxmccormicknadine86
Chapter Twenty one Employment Discrimination
Being an employer was so much easier 100 years ago. Managers could use almost any criteria for hiring, promoting, and firing employees. Today, employers’ decision-making powers are restricted by both federal and state laws, many of which are discussed in this chapter.
The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
The following six sections discuss each of the major pieces of federal legislation designed to prohibit discrimination in employment; these acts are discussed in the order of their enactment. The ninth section discusses the increasingly controversial subject of affirmative action. Global dimensions of employment discrimination are discussed in the final section.Critical Thinking About The Law
You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response?
Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Assume that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some ...
How do you defend a federal overtime or Florida wage and hour claim.pdfDavid Steinfeld, Esq.
Recent changes in the law make it more likely that your business will receive a letter from an attorney demanding money for a former employee claiming unpaid wages, overtime, or both. Regardless of whether these claims are under federal law, Florida state law, or both your first response should be to gather all documentation on the employee like payroll records, evaluations, and job description and then to contact your business lawyer to discuss your response options.
When contemplating a dismissal, employers need to be aware of the range of legal claims that can be brought against them arising from the dismissal. Ideally, a dismissal should be conducted in a manner which avoids or minimizes the risk of such claims.
Defending federal overtime or Florida wage and hour claims by business lawyer...David Steinfeld, Esq.
Recent changes in the law make it more likely that your business will receive a letter from an attorney demanding money for a former employee claiming unpaid wages, overtime, or both.
Regardless of whether these claims are under federal law, Florida state law, or both your first response should be to gather all documentation on the employee like payroll records, evaluations, and job description and then to contact your business lawyer to discuss your response options.
Federal Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law that was enacted in 1938. It has naturally been updated numerous times since its inception but business owners perceive it as largely favoring employees due to its history. For example in most cases only the employee can recover attorney’s fees which are denied to employers even if they win.
The FLSA is found in Section 29 of the US Code beginning at Chapter 8 and starting with Section 201. The US Department of Labor has significant helpful resources on its website about the FLSA, its application, and documents that employers should and must maintain.
In any FLSA claim, the employee has the initial burden to prove that they performed the work. If they establish that then the employer must prove that the employee was properly paid. On that issue one of the most common mistakes that employers make is insufficiently documenting payments to employees particularly where cash payments were made.
The failure to adequately document hours worked and wages paid puts a business in a precarious position in responding to FLSA claims as its ability to meet its burden can be severely compromised. Thus a business should make sure it is always documenting the hours that each employee worked and the money or wages paid to that party. Using a payroll company to do so may be well worth the cost as it may make it easy for the company to later prove that it fully and properly paid the employee. Likewise using software to track hours and wage payments is an equally efficient and effective way for a business to put itself in a position to easily meet its burden under the FLSA.
Companies chosen are Google, Pay-pal, & AmazonSeveral compani.docxdonnajames55
Companies chosen are: Google, Pay-pal, & Amazon
Several companies use their brand as a competitive advantage. Given your knowledge about the global economy, identify three brands you believe have the strongest likelihood of remaining a source of advantage in the 21st Century and explain why. Explain the effects you believe the Internet’s capabilities will have on the brands you identified in the previous discussion and what the owner of the brand should do in light of them.
Choose one of the companies above, analyze the internal environment of the company you researched to determine that company’s strengths and weaknesses. Based on the strengths and weaknesses you discovered, determine what steps the company could take to positively impact the company’s competitiveness. Explain your rationale.
Unit I Lesson Notes:
Employer-Employee Relationship
The traditional employer-employee relationship is described as employment-at-will, which simply means that the relationship exists as long as both the employer and the employee want it to exist. That is, employment at-will means that an employee can resign whenever he or she wants to resign for any reason or for no reason. It is often said that an employee must give notice to an employer before the employee resigns, but that idea arises out of the employee hoping for a positive reference from the employer not a legal requirement. Employment-at-will also means that an employer can discharge an employee at any time and for any reason or for no reason, as long as the discharge does not constitute discrimination under federal or state law.
This traditional employment relationship is sometimes modified by employment contracts. Employment contracts are governed by the rules that apply to contracts in general. An employment contract is based on an agreement between the employer and the employee and states express consideration (i.e., the employee promises to work for the employer for a specified period, and the employer agrees to pay the employee a specified amount of compensation). It must be made between parties that have the legal capacity to enter into a contract and be for a legal purpose. Employees hired with a contract can only be terminated according to the provisions of the contract. Conversely, employees hired under the at-will doctrine can have their employment terminated at any time and for any legal reason by either the employer or the employee. As with any other contract, the breach of an employment contract entitles the non-breaching party to recover damages that arise because of the breach of the contract.
An employee who is fired in violation of an employment contract can recover any compensation due under the contract that has not been paid. For an employer, that means an employee who quits in violation of an employment contract may have to pay the costs of finding, hiring, and training a replacement. They may even have to pay back some of the compensation that has already been .
Although new overtime regulations were set to kick in on December 1, a federal district court has moved to block the changes, at least temporarily. What does this mean for employers and what should they do now? Whether businesses should immediately drop plans to comply with the new rules, or move forward anyway, may not be a simple question for employers to answer.
Slide presentation for my seminar on protecting the integrity of employment investigations, & how human resources employees can be legally retaliated against for conducting a good faith investigation.
Here are 4 employee rights you must demand after wrongful terminationKaufman Law Firm
Every case has employment circumstances, which is why it’s highly advised to speak to a wrongful termination lawyer in order to find out if your employer violated the employment agreement by failing to give you notice.Even if you have been wrongfully terminated, you’re entitled to certain rights under California employment law. Today, The Los Angeles wrongful termination attorney Matthew A Kaufman has outlined four employee rights guaranteed to outgoing employees.
• DOL overtime regulations: Detailed analysis of the Department of Labor's recent rule-making impacting the overtime exemptions under the FLSA, including practical guidance on the impact of these new rules, and their exclusions, and how employers should plan to maintain compliance.
• EEOC guidance on bathroom access rights under Title VII: Comprehensive discussion of the EEOC's guidance on bathroom access rights of all employees, including helping employers understand the EEOC's objectives, providing advice on the myriad questions that will arise, and the practical ways to address compliance challenges.
• Final EEOC regulations (finally!) addressing employer-sponsored wellness programs: Detailed discussion of the final EEOC regulations on wellness program financial incentives, including practical advice on how to comply with the new ADA and GINA rules, as well as wellness program trends.
• Nondiscrimination under Section 1557 of the Affordable Care Act: Analysis of how employer health programs could be impacted by HHS' new rule implementing ACA nondiscrimination requirement, including discussion of sex discrimination issues.
More Related Content
Similar to Trending Issues in FLSA Litigation_June 2014
Chapter Twenty one Employment DiscriminationBeing an employer was .docxspoonerneddy
Chapter Twenty one Employment Discrimination
Being an employer was so much easier 100 years ago. Managers could use almost any criteria for hiring, promoting, and firing employees. Today, employers’ decision-making powers are restricted by both federal and state laws, many of which are discussed in this chapter.
The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
The following six sections discuss each of the major pieces of federal legislation designed to prohibit discrimination in employment; these acts are discussed in the order of their enactment. The ninth section discusses the increasingly controversial subject of affirmative action. Global dimensions of employment discrimination are discussed in the final section.Critical Thinking About The Law
You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response?
Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Assume that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some .
Chapter Twenty one Employment DiscriminationBeing an employer was .docxmccormicknadine86
Chapter Twenty one Employment Discrimination
Being an employer was so much easier 100 years ago. Managers could use almost any criteria for hiring, promoting, and firing employees. Today, employers’ decision-making powers are restricted by both federal and state laws, many of which are discussed in this chapter.
The right of the employer to terminate an employment relationship was originally governed almost exclusively by the employment-at-will doctrine, discussed in the first section of this chapter. The second section discusses the constitutional provisions that affect an employer’s ability to hire and fire workers.
The following six sections discuss each of the major pieces of federal legislation designed to prohibit discrimination in employment; these acts are discussed in the order of their enactment. The ninth section discusses the increasingly controversial subject of affirmative action. Global dimensions of employment discrimination are discussed in the final section.Critical Thinking About The Law
You will soon be a businessperson and may be responsible for hiring, promoting, and firing people. When you hold this position, you need to be aware of federal and state laws that prohibit discrimination in employment. Why do you think the government has prohibited discrimination in employment? What ethical norm does the government emphasize by prohibiting discrimination in employment? The government seems to emphasize justice, in the sense that it wants all human beings to be treated equally, regardless of class, race, gender, age, and so on. Reading the following case example and answering the critical thinking questions will sharpen your thinking about laws prohibiting employment discrimination.
Tom, Jonathan, and Bob were hired to work as executive secretaries at a major corporation. The other secretaries for the corporation were surprised that three men were hired, because no man had ever before been hired as a secretary at the corporation. All secretaries were required to type 20 five-page reports each day in addition to completing work for their respective departments. After the male secretaries had been working at the corporation for approximately one month, they received pay raises. None of the female secretaries received raises. When the women asked the manager why the male secretaries had received raises, the manager claimed that the men were performing extra duties and consequently received raises.
1. The manager claimed that the men received raises because they were performing extra duties. Can you identify any potential problems in the manager’s response?
Clue: What words or phrases are ambiguous in the manager’s response?
2. The female secretaries decided to bring a suit against the corporation. They claimed that they did not receive raises because of their gender. Assume that you are a lawyer and the female secretaries have come to you with their complaint. After talking with the secretaries, you realize that you need some ...
How do you defend a federal overtime or Florida wage and hour claim.pdfDavid Steinfeld, Esq.
Recent changes in the law make it more likely that your business will receive a letter from an attorney demanding money for a former employee claiming unpaid wages, overtime, or both. Regardless of whether these claims are under federal law, Florida state law, or both your first response should be to gather all documentation on the employee like payroll records, evaluations, and job description and then to contact your business lawyer to discuss your response options.
When contemplating a dismissal, employers need to be aware of the range of legal claims that can be brought against them arising from the dismissal. Ideally, a dismissal should be conducted in a manner which avoids or minimizes the risk of such claims.
Defending federal overtime or Florida wage and hour claims by business lawyer...David Steinfeld, Esq.
Recent changes in the law make it more likely that your business will receive a letter from an attorney demanding money for a former employee claiming unpaid wages, overtime, or both.
Regardless of whether these claims are under federal law, Florida state law, or both your first response should be to gather all documentation on the employee like payroll records, evaluations, and job description and then to contact your business lawyer to discuss your response options.
Federal Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law that was enacted in 1938. It has naturally been updated numerous times since its inception but business owners perceive it as largely favoring employees due to its history. For example in most cases only the employee can recover attorney’s fees which are denied to employers even if they win.
The FLSA is found in Section 29 of the US Code beginning at Chapter 8 and starting with Section 201. The US Department of Labor has significant helpful resources on its website about the FLSA, its application, and documents that employers should and must maintain.
In any FLSA claim, the employee has the initial burden to prove that they performed the work. If they establish that then the employer must prove that the employee was properly paid. On that issue one of the most common mistakes that employers make is insufficiently documenting payments to employees particularly where cash payments were made.
The failure to adequately document hours worked and wages paid puts a business in a precarious position in responding to FLSA claims as its ability to meet its burden can be severely compromised. Thus a business should make sure it is always documenting the hours that each employee worked and the money or wages paid to that party. Using a payroll company to do so may be well worth the cost as it may make it easy for the company to later prove that it fully and properly paid the employee. Likewise using software to track hours and wage payments is an equally efficient and effective way for a business to put itself in a position to easily meet its burden under the FLSA.
Companies chosen are Google, Pay-pal, & AmazonSeveral compani.docxdonnajames55
Companies chosen are: Google, Pay-pal, & Amazon
Several companies use their brand as a competitive advantage. Given your knowledge about the global economy, identify three brands you believe have the strongest likelihood of remaining a source of advantage in the 21st Century and explain why. Explain the effects you believe the Internet’s capabilities will have on the brands you identified in the previous discussion and what the owner of the brand should do in light of them.
Choose one of the companies above, analyze the internal environment of the company you researched to determine that company’s strengths and weaknesses. Based on the strengths and weaknesses you discovered, determine what steps the company could take to positively impact the company’s competitiveness. Explain your rationale.
Unit I Lesson Notes:
Employer-Employee Relationship
The traditional employer-employee relationship is described as employment-at-will, which simply means that the relationship exists as long as both the employer and the employee want it to exist. That is, employment at-will means that an employee can resign whenever he or she wants to resign for any reason or for no reason. It is often said that an employee must give notice to an employer before the employee resigns, but that idea arises out of the employee hoping for a positive reference from the employer not a legal requirement. Employment-at-will also means that an employer can discharge an employee at any time and for any reason or for no reason, as long as the discharge does not constitute discrimination under federal or state law.
This traditional employment relationship is sometimes modified by employment contracts. Employment contracts are governed by the rules that apply to contracts in general. An employment contract is based on an agreement between the employer and the employee and states express consideration (i.e., the employee promises to work for the employer for a specified period, and the employer agrees to pay the employee a specified amount of compensation). It must be made between parties that have the legal capacity to enter into a contract and be for a legal purpose. Employees hired with a contract can only be terminated according to the provisions of the contract. Conversely, employees hired under the at-will doctrine can have their employment terminated at any time and for any legal reason by either the employer or the employee. As with any other contract, the breach of an employment contract entitles the non-breaching party to recover damages that arise because of the breach of the contract.
An employee who is fired in violation of an employment contract can recover any compensation due under the contract that has not been paid. For an employer, that means an employee who quits in violation of an employment contract may have to pay the costs of finding, hiring, and training a replacement. They may even have to pay back some of the compensation that has already been .
Although new overtime regulations were set to kick in on December 1, a federal district court has moved to block the changes, at least temporarily. What does this mean for employers and what should they do now? Whether businesses should immediately drop plans to comply with the new rules, or move forward anyway, may not be a simple question for employers to answer.
Slide presentation for my seminar on protecting the integrity of employment investigations, & how human resources employees can be legally retaliated against for conducting a good faith investigation.
Here are 4 employee rights you must demand after wrongful terminationKaufman Law Firm
Every case has employment circumstances, which is why it’s highly advised to speak to a wrongful termination lawyer in order to find out if your employer violated the employment agreement by failing to give you notice.Even if you have been wrongfully terminated, you’re entitled to certain rights under California employment law. Today, The Los Angeles wrongful termination attorney Matthew A Kaufman has outlined four employee rights guaranteed to outgoing employees.
• DOL overtime regulations: Detailed analysis of the Department of Labor's recent rule-making impacting the overtime exemptions under the FLSA, including practical guidance on the impact of these new rules, and their exclusions, and how employers should plan to maintain compliance.
• EEOC guidance on bathroom access rights under Title VII: Comprehensive discussion of the EEOC's guidance on bathroom access rights of all employees, including helping employers understand the EEOC's objectives, providing advice on the myriad questions that will arise, and the practical ways to address compliance challenges.
• Final EEOC regulations (finally!) addressing employer-sponsored wellness programs: Detailed discussion of the final EEOC regulations on wellness program financial incentives, including practical advice on how to comply with the new ADA and GINA rules, as well as wellness program trends.
• Nondiscrimination under Section 1557 of the Affordable Care Act: Analysis of how employer health programs could be impacted by HHS' new rule implementing ACA nondiscrimination requirement, including discussion of sex discrimination issues.
EEOC and Title VII: Analysis of the EEOC's position on sexual orientation under Title VII, including a discussion of the Supreme Court's same sex marriage ruling in Obergefell v. Hodges and the seemingly competing standards of Title VII.
Recent NLRB Decisions: A discussion of the practical impact of recent NLRB decisions on the day-to-day enforcement of workplace policies, including arbitration agreements, workplace conduct policies, severance agreements and investigation procedures.
New and Proposed Regulations: A timely discussion of recently issued and proposed regulations and their impact on employers, including the FLSA "white collar" exemptions, independent contractor misclassification, and the EEOC's new interpretation of Title VII.
Employee Leaves of Absence: A high-level discussion of the issues surrounding employees' extended absences, including a survey of jurisdictions with mandated paid leave and a detailed discussion of the EEOC's position with respect to extended leave as a reasonable accommodation.
FMLA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA, the ADA and other applicable laws and regulations.
The Complexities and Challenges of Social Media in the WorkplaceBass, Berry & Sims
This presentation includes:
-How to create a clear social media policy for the employer's handbook when social media itself is constantly evolving.
-Different internal policies for the employee's personal social media accounts and the company's social media accounts.
-What is the best way for an employer to enforce its social media policies?
-What is an employer prohibited from doing in relation to social media accounts? Discussion of NLRB guidance.
-What kind of employee conduct is protected? Provide examples of lawsuits and outcomes.
-What should an employer should do if it Googles an employee and finds out an employee is engaged in off duty conduct that is unacceptable.
-What employers need to be wary of when using social media to investigate potential candidates and/or in the hiring process.
-Recommendations for a successful social media strategy.
Employee Leaves of Absence: A high-level discussion of the issues surrounding employees' extended absences, including a survey of jurisdictions with mandated paid leave and a detailed discussion of the EEOC's position with respect to extended leave as a reasonable accommodation.
FMLA/ADA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA, the ADA and other applicable laws and regulations.
New and Proposed Regulations: A timely discussion of recently issued and proposed regulations and their impact on employers, including the FLSA "white collar" exemptions, independent contractor misclassification, and the EEOC's new interpretation of Title VII.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
1. Trending Issues in FLSA
Litigation
Who qualifies as exempt, who is
liable if you get it wrong, and who
decides where you contest it?
2. Proposed Changes for White
Collar Exemptions
Or, “The End of the World As We Know It”
What did happen?
► March 13, 2014: President Obama instructed
the Department of Labor to review the “White
Collar Exemptions,” which comprise the
executive, administrative, professional
(including computer professionals), and
outside sales exemptions.
3. What Can We Expect?
Modernize Raise the Minimum Salary
Requirement
► Most likely change
Modernize & Streamline Job Duties Test
► Reflect modern economy
► Clarify ambiguous phrases that regularly result in
large-scale litigation
► May result in broadening of exposure that
previous Administration attempted to limit
(deductions from salary, for example)
4. Dovetails with GAO Findings
FLSA Litigation is increasing sharply
Guidance from the Wage and Hour
Division is declining
Everyone wants more interpretation of the
exemption regulations
5. Changes Likely
FLSA White Collar Exemptions are a focus
of the Administration
Increasing wages is a focus of the
Administration
This is another way to affect wages, apart
from raising the minimum wage
6. Can You Inherit Liability?
You’ve been prudent
You’ve reviewed classification of workers
carefully
You’ve erred on the side of caution
Can you still end up with an FLSA
headache?
7. Successor Liability in Asset
Purchase
Traditionally, seller’s liabilities do not pass
to buyer in an asset deal
But, a buyer may be liable for a seller’s
federal labor and employment liabilities if
found to be a successor employer
Began with Supreme Court application in
NLRB case
The MacMillan substantial continuity test
arises from a Sixth Circuit case
8. Successor Liability and the FLSA
It’s trending
Three Circuit Courts of Appeal have applied
the federal common law standard for
successor liability to FLSA claims
► 3d, 7th, and 9th
The District Court for the Middle District of
Tennessee has also applied this standard to
FLSA claims
Three of the four cases decided in last 15
mos.
9. What Does This Mean?
Increasingly Difficult to Avoid Liability for
Improperly Classifying Workers as Exempt
Failing to Pay them Overtime
Those tasked with pre-merger diligence
and post-merger implementation of
employment issues must be aware they
may inherit not only the practical problems
of integrating a misclassified workforce,
but also liability for past mistakes
10. Federal Court Lawsuit or
Arbitration?
Current Status under D.R. Horton
► Fifth Circuit Ruling
► NLRB response
NLRB’s current position
Where does that leave us?
Pros and Cons of arbitration to consider
“Arbitrability Issues” – Who decides?
11. Not Just Federal Concerns
Tennessee is emphasizing enforcement
employer practices that result in a failure
to pay overtime, unemployment insurance
tax premiums, and workers’ compensation
► Typically, misclassified as independent
contractors or paid under the table
