Employment Law Newsletters

Payment of Benefits Under ERISA Pension Plan

The Employee Retirement Income Security Act (ERISA) establishes certain responsibilities for employers who offer pension plans to their employees as well as rules for how the plans must be administered. In addition to defining who may be eligible for benefits, how such benefits accrue, and how employees become vested in certain benefits, ERISA also sets certain rules for payment of benefits upon retirement.

Privacy - Drug Testing - State Law Issues

The courts have had a difficult time determining which public employees may be tested randomly, within the confines of the United States Constitution, for drug use. As the subject continues to be clarified, it will create a "floor," or a standard below which states cannot go when dealing with similar issues of random drug testing in employment. Of course, the courts will still have the final say if they determine that state laws and constitutional provisions are more restrictive (afford more protection) than their federal counterparts. The courts may even prohibit the random testing of employees to whom the state laws and constitutional provisions apply.

Restoration of Position After Family and Medical Leave Act of 1993 Leave

In 1993, Congress passed the Family and Medical Leave Act (FMLA). The FMLA was intended to balance the demands of the workplace with the needs of families. Under the FMLA, many employees are guaranteed the right to take unpaid leave.

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.

Unemployment Insurance -- Reform

Through the years, there have been a number of calls to reform the unemployment insurance program. These proposed reforms have included providing the program with additional funding, changing how that funding is used, and redirecting oversight of the program.