Employment/Labor (U.S.) group
Welcome to the U.S. Employment & Labor community group. This group addresses all GRC issues that arise for companies that must address employment and labor requirements and risks in the United States. In addition, there are several community groups that address specific aspects of employment as they arise both in the U.S. and globally.
This group addresses compliance and risk issues related to all aspects of U. S. employment and labor law.
U.S. Employment/Labor: Termination and RIFs Domain Supplement resource Standards and Guidelines OCEG Reviewed
This Supplement addresses the risks and compliance issues that arise when an employer must discharge an employee for violating company policy, misconduct, or performance issues, or in the course of a reduction-in-force (RIF) or corporate reorganization.
DOL, Termination Issues: Discrimination - Employees of Federal Contractors and Subcontractors resource Agency Guidances Member contributionOCEG Reviewed
Equal employment opportunity (EEO) laws prohibit specific types of employment discrimination. These laws prohibit discrimination in employment practices such as firing on the basis of race, color, religion, sex, national origin, and status as an individual with a disability or protected veteran. Within the Department of Labor, the Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP) oversees EEO and nondiscrimination laws and regulations that apply to employers holding federal contracts and subcontracts.
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Title 49 U.S. Code § 31105 - Employee protections resource National Laws Member contributionOCEG Reviewed
Section 405 (employee protection provision) of the Surface Transportation Assistance Act of 1982 (STAA.)(a) Prohibitions (1) A person may not discharge an employee, or discipline or discriminate against an employee regarding pay, terms, or privileges of employment, because(A) the employee, or another person at the employee’s request, has filed a complaint or begun a proceeding related to a violation of a commercial motor vehicle safety regulation, standard, or order, or has testified or will testify in such a proceeding; or
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DOL, Compliance Assistance - Worker Adjustment and Retraining Notification Act (WARN) - Preamble to the 1989 Final Rule resource Agency Guidances Member contributionOCEG Reviewed
20 CFR Part 639, Worker Adjustment and Retraining Notification SUMMARY: The Employment and Training Administration of the Department of Labor published a final regulation carrying out the provisions of the Worker Adjustment and Retraining Notification Act (WARN). WARN provides that, with certain exceptions, employers of 100 or more workers must give at least 60 days' advance notice of a plant closing or mass layoff to affected workers or their representatives, to the State dislocated worker unit, and to the appropriate local government.
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DOL, Employment Law Guide - Chapter: Wage Garnishment resource Agency Guidances Member contributionOCEG Reviewed
Title III of the Consumer Credit Protection Act (CCPA) protects employees from discharge by their employers because their wages have been garnished for any one debt, and it limits the amount of an employee's earnings that may be garnished in any one week. Title III applies to all employers and individuals who receive earnings for personal services (including wages, salaries, commissions, bonuses, and income from a pension or retirement program, but ordinarily not including tips).
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No time for WARN notice? You can continue paying instead (2007) resource Articles OCEG Reviewed
The 4th Circuit Court of Appeals has ruled that not giving WARN notice is fineas long as the company continues to pay the affected employees for the duration of the 60-day period or until they get new jobs.
Link to the article from this page, and the 4th Circuit Opinion is attached for download.
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Employees who quit in anticipation of business closure count as “employment losses” under the WARN Act (2011) resource Articles OCEG Reviewed
Introduction: On January 21, 2011, in Collins v. Gee West Seattle, the Ninth Circuit Court of Appeals held that the Worker Adjustment and Retraining Notification (“WARN”) Act’s 60-day plant closing notice requirement could be triggered despite the fact the employer terminated fewer than 50 employees on the day it closed its doors.
IRS, COBRA - Continuation Coverage Requirements Applicable to Group Health Plans, Final Rule, 1999 resource National Regulations Member contributionOCEG Reviewed
Federal Regulations, 64 Federal Register 5160 (Feb. 3, 1999) The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) added health care continuation requirements that apply to group health plans. Coverage required to be provided under those requirements is referred to as COBRA continuation coverage.
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Federal Wage Garnishment Act - Title III of the Consumer Credit Protection Act resource National Laws Member contributionOCEG Reviewed
To safeguard the consumer in connection with the utilization of credit by requiring full disclosure of the terms and conditions of finance charges in credit transactions or in offers to extend credit; by restricting the garnishment of wages; andby creating the National Commission on Consumer Finance to study and make recommendations on the need for further regulation of the consumer finance indust
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