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Employment Law News
U.S. Labor Department Sues Cleveland Business Executive
The U.S. Department of Labor has sued Robert L. Johnson, president of the Jared Group in Cleveland, for failing to forward employee contributions to the company’s retirement plan and to segregate plan contributions from the general operating assets of the company.
“The department will act when plan fiduciaries fail to carry out their duty to protect the retirement plan assets held on behalf of participants,” said Joseph Menez, director of the department’s regional office in Cincinnati of the Employee Benefits Security Administration (EBSA).
The lawsuit alleges that Johnson violated the Employee Retirement Income Security Act (ERISA) by failing to remit contributions deducted from employees’ paychecks to the retirement plan in a timely manner, if at all, during periods from January 2001 through December 2004 when the company ceased business operations. Johnson also failed to maintain a fidelity bond as required by ERISA. Read more at dol.gov.
About at will employment
In certain states, employers do not have the right to terminate employees "at will" if the termination violates public policy, an implied employment contract, or an implied covenant of good faith and fair dealing.
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Definition:
enforces Title I of the ADA against private employers and the Disability Rights Section, Civil Rights Division, U.S. Department of Justice enforces Title I of the ADA against state and local government employers. Title I of the ADA designates the EEOC as the federal agency primarily responsible for investigating individual charges of discrimination under the Act.
Title VII of the Civil Rights Act of 1964
Definition:
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., prohibits discrimination in employment on the basis of race, sex, national origin and religion. It also is unlawful under the Act for an employer to take retaliatory action against any individual for opposing employment practices made unlawful by Title VII or for filing a discrimination charge or for testifying or assisting or participating in an investigation, proceeding, or hearing under Title VII.
Master agreements
Definition:
A contract between the employer and the exclusive bargaining representative. For collective bargaining, the employer is represented by the governor or the governor's designee. The LRO will negotiate contracts with each union that represents more than 500 employees.
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