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  • Employment Law
    in Employment Act of 1967 58 Federal Age Discrimination 몇살부터 차별을 하는것을 의미할까요 57 Federal OSHA Occupational Safety and Health Administration Rights Responsibilities Employee 56 Federal OSHA Occupational Safety and Health Administration Rights Responsibilities Employer 55 Federal Race Color Discrimination 54 Federal Age Discrimination 53 Federal Notice Concerning The Americans With Disabilities Act ADA Amendments Act of 2008 52 Federal Remedies For Employment Discrimination 51 Federal Employee vs Independent Contractor

    Original URL path: http://hrkorea.us/index.php?mid=EmploymentLaw&category=1434 (2016-02-17)
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  • Employment Law
    돌아온 working Here are 7 things a goo 어떻게 Employee를 recog today 61 yesterday 80 Total 186 304 Employment Law 전체보기 Federal State Local 3rd Parties Articles 34 List of Articles No Subject 34 State Local CA 3 Sick Days 7월 1일부터 시행되는 3일의 병가 Poster 33 State Local How to file a claim with the Bureau of Field Enforcement BOFE 32 State Local Time off to Vote Notices Employers must post the employee notice 10 days before a statewide election form attached 31 State Local Employee vs Independent Contractor EDD Guideline 30 State Local Wage Order summary Wage Order 몇번을 봐야 하는지 29 State Local What is Wage Order California Wage Orders for 2001 2007 and Beyond 28 State Local Wage Order No 17 CA 27 State Local Wage Order No 16 CA 26 State Local Wage Order No 15 CA 25 State Local Wage Order No 14 CA 24 State Local Wage Order No 13 CA 23 State Local Wage Order No 12 CA 22 State Local Wage Order No 11 CA 21 State Local Wage Order No 10 CA 20 State Local Wage Order No 9 CA 19 State Local Wage Order No 8 CA 18 State

    Original URL path: http://hrkorea.us/index.php?mid=EmploymentLaw&category=1435 (2016-02-17)
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  • Employment Law
    things a goo 어떻게 Employee를 recog today 61 yesterday 80 Total 186 304 Employment Law 전체보기 Federal State Local 3rd Parties Articles 20 List of Articles No Subject 20 3rd Parties HR 아무리해도 강조해도 지나치지 않는것 19 3rd Parties EPL Insurances How to prevent employee lawsuits 18 3rd Parties Employment Practices Liability Insurance EPLI 17 3rd Parties Directors and Officers Liability Insurance often called D O 16 3rd Parties Employee Benefit Liability Insurance 15 3rd Parties 401K Fidelity Bonds 14 3rd Parties What is Fiduciary Liability Insurance 13 3rd Parties OSHA Question 2 What is an Occupational Safety and Health Administration OSHA standard 12 3rd Parties OSHA Question 1 What are employers responsibilities under the Occupational Safety and Health OSH Act 11 3rd Parties About OSHA Occupational Safety and Health Administration 10 3rd Parties Severance Agreement 해고를 당하실때 Severance Agreement를 받으셨습니까 9 3rd Parties Vacation을 아예 안준다면 법적으로 문제가 될까요 8 3rd Parties 미국내 회사들의 평균 Vacation은 얼마나 주고 있는것일까 7 3rd Parties 미국내 회사들의 평균 Sick Days 병가 는 얼마나 주고 있는것일까 6 3rd Parties 미국내 회사들의 평균 Holiday는 얼마나 주고 있는것일까 5 3rd Parties Employee Benefits in US provided by DOL Bureau of Labor Statistics 4 3rd Parties

    Original URL path: http://hrkorea.us/index.php?mid=EmploymentLaw&category=1436 (2016-02-17)
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  • Employment Law - CA 3 Sick Days - 7월 1일부터 시행되는 3일의 병가 - Poster
    ADRESS 249 151 72 Views 283 THIS POSTER MUST BE DISPLAYED WHERE EMPLOYEES CAN EASILY READ IT Poster may be printed on 8 ½ x 11 letter size paper HEALTHY WORKPLACES HEALTHY FAMILIES ACT OF 2014 PAID SICK LEAVE Entitlement An employee who on or after July 1 2015 works in California for 30 or more days within a year from the beginning of employment is entitled to paid sick leave Paid sick leave accrues at the rate of one hour per every 30 hours worked paid at the employee s regular wage rate Accrual shall begin on the first day of employment or July 1 2015 whichever is later Accrued paid sick leave shall carry over to the following year of employment and may be capped at 48 hours or 6 days However subject to specified conditions if an employer has a paid sick leave paid leave or paid time off policy PTO that provides no less than 24 hours or three days of paid leave or paid time off no accrual or carry over is required if the full amount of leave is received at the beginning of each year in accordance with the policy Usage An employee may use accrued paid sick days beginning on the 90th day of employment An employer shall provide paid sick days upon the oral or written request of an employee for themselves or a family member for the diagnosis care or treatment of an existing health condition or preventive care or specified purposes for an employee who is a victim of domestic violence sexual assault or stalking An employer may limit the use of paid sick days to 24 hours or three days in each year of employment Retaliation or discrimination against an employee who requests paid sick days or uses

    Original URL path: http://hrkorea.us/index.php?mid=EmploymentLaw&document_srl=6354 (2016-02-17)
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  • Employment Law - EEOC란 무엇을 하는 곳인가?
    are 7 things a goo 어떻게 Employee를 recog today 61 yesterday 80 Total 186 304 Employment Law 전체보기 Federal State Local 3rd Parties Articles 115 02 2013 Sep Federal EEOC란 무엇을 하는 곳인가 Developer HRConsultant1 IP ADRESS 173 42 220 Views 949 The E qual E mployment O pportunity C ommission EEOC or Commission is the federal law agency responsible for enforcing federal laws prohibiting employment discrimination on the basis of race color religion sex including pregnancy national origin age 40 or older disability or genetic information The agency began its work in 1965 More than 40 years later the public continues to rely on the Commission to carry out its responsibility to bring justice and equal opportunity to the workplace Through its administrative enforcement process the Commission receives investigates and resolves charges of employment discrimination filed against private sector employers employment agencies labor unions and state and local governments including charges of systemic discrimination Where the Commission does not resolve these charges through conciliation or other informal methods the Commission may pursue litigation against private sector employers employment agencies and labor unions and against state and local governments in cases alleging age discrimination or equal pay violations The Commission

    Original URL path: http://hrkorea.us/index.php?mid=EmploymentLaw&document_srl=5954 (2016-02-17)
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  • Employment Law - The Age Discrimination in Employment Act of 1967
    of the preceding provisions of this paragraph to all employee pension benefit plans subject to this subsection and may provide for the application of such provisions in the case of any such employee with respect to any period of time within a plan year 4 Compliance with the requirements of this subsection with respect to an employee pension benefit plan shall constitute compliance with the requirements of this section relating to benefit accrual under such plan 5 Paragraph 1 shall not apply with respect to any employee who is a highly compensated employee within the meaning of section 414 q of Title 26 the Internal Revenue Code of 1986 to the extent provided in regulations prescribed by the Secretary of the Treasury for purposes of precluding discrimination in favor of highly compensated employees within the meaning of subchapter D of chapter 1 of Title 26 the Internal Revenue Code of 1986 6 A plan shall not be treated as failing to meet the requirements of paragraph 1 solely because the subsidized portion of any early retirement benefit is disregarded in determining benefit accruals or it is a plan permitted by subsection m of this section 7 Any regulations prescribed by the Secretary of the Treasury pursuant to clause v of section 411 b 1 H of Title 26 the Internal Revenue Code of 1986 and subparagraphs C and D of section 411 b 2 of Title 26 the Internal Revenue Code of 1986 shall apply with respect to the requirements of this subsection in the same manner and to the same extent as such regulations apply with respect to the requirements of such sections 411 b 1 H and 411 b 2 8 A plan shall not be treated as failing to meet the requirements of this section solely because such plan provides a normal retirement age described in section 1002 24 B section 2 24 B of the Employee Retirement Income Security Act of 1974 of this title and section 411 a 8 B of Title 26 the Internal Revenue Code of 1986 9 For purposes of this subsection A The terms employee pension benefit plan defined benefit plan defined contribution plan and normal retirement age have the meanings provided such terms in section 1002 of this title section 3 of the Employee Retirement Income Security Act of 1974 B The term compensation has the meaning provided by section 414 s of Title 26 the Internal Revenue Code of 1986 10 Special rules relating to age A Comparison to similarly situated younger individual i In general A plan shall not be treated as failing to meet the requirements of paragraph 1 if a participant s accrued benefit as determined as of any date under the terms of the plan would be equal to or greater than that of any similarly situated younger individual who is or could be a participant ii Similarly situated For purposes of this subparagraph a participant is similarly situated to any other individual if such participant is identical to such other individual in every respect including period of service compensation position date of hire work history and any other respect except for age iii Disregard of subsidized early retirement benefits In determining the accrued benefit as of any date for purposes of this clause the subsidized portion of any early retirement benefit or retirement type subsidy shall be disregarded iv Accrued benefit For purposes of this subparagraph the accrued benefit may under the terms of the plan be expressed as an annuity payable at normal retirement age the balance of a hypothetical account or the current value of the accumulated percentage of the employee s final average compensation B Applicable defined benefit plans i Interest credits I In general An applicable defined benefit plan shall be treated as failing to meet the requirements of paragraph 1 unless the terms of the plan provide that any interest credit or an equivalent amount for any plan year shall be at a rate which is not greater than a market rate of return A plan shall not be treated as failing to meet the requirements of this subclause merely because the plan provides for a reasonable minimum guaranteed rate of return or for a rate of return that is equal to the greater of a fixed or variable rate of return II Preservation of capital An interest credit or an equivalent amount of less than zero shall in no event result in the account balance or similar amount being less than the aggregate amount of contributions credited to the account III Market rate of return The Secretary of the Treasury may provide by regulation for rules governing the calculation of a market rate of return for purposes of subclause I and for permissible methods of crediting interest to the account including fixed or variable interest rates resulting in effective rates of return meeting the requirements of subclause I In the case of a governmental plan as defined in the first sentence of section 414 d of Title 26 the Internal Revenue Code of 1986 a rate of return or a method of crediting interest established pursuant to any provision of Federal State or local law including any administrative rule or policy adopted in accordance with any such law shall be treated as a market rate of return for purposes of subclause I and a permissible method of crediting interest for purposes of meeting the requirements of subclause I except that this sentence shall only apply to a rate of return or method of crediting interest if such rate or method does not violate any other requirement of this chapter ii Special rule for plan conversions If after June 29 2005 an applicable plan amendment is adopted the plan shall be treated as failing to meet the requirements of paragraph 1 H unless the requirements of clause iii are met with respect to each individual who was a participant in the plan immediately before the adoption of the amendment iii Rate of benefit accrual Subject to clause iv the requirements of this clause are met with respect to any participant if the accrued benefit of the participant under the terms of the plan as in effect after the amendment is not less than the sum of I the participant s accrued benefit for years of service before the effective date of the amendment determined under the terms of the plan as in effect before the amendment plus II the participant s accrued benefit for years of service after the effective date of the amendment determined under the terms of the plan as in effect after the amendment iv Special rules for early retirement subsidies For purposes of clause iii I the plan shall credit the accumulation account or similar amount with the amount of any early retirement benefit or retirement type subsidy for the plan year in which the participant retires if as of such time the participant has met the age years of service and other requirements under the plan for entitlement to such benefit or subsidy v Applicable plan amendment For purposes of this subparagraph I In general The term applicable plan amendment means an amendment to a defined benefit plan which has the effect of converting the plan to an applicable defined benefit plan II Special rule for coordinated benefits If the benefits of 2 or more defined benefit plans established or maintained by an employer are coordinated in such a manner as to have the effect of the adoption of an amendment described in subclause I the sponsor of the defined benefit plan or plans providing for such coordination shall be treated as having adopted such a plan amendment as of the date such coordination begins III Multiple amendments The Secretary of the Treasury shall issue regulations to prevent the avoidance of the purposes of this subparagraph through the use of 2 or more plan amendments rather than a single amendment IV Applicable defined benefit plan For purposes of this subparagraph the term applicable defined benefit plan has the meaning given such term by section 1053 f 3 of this title section 203 f 3 of the Employee Retirement Income Security Act of 1974 vi Termination requirements An applicable defined benefit plan shall not be treated as meeting the requirements of clause i unless the plan provides that upon the termination of the plan I if the interest credit rate or an equivalent amount under the plan is a variable rate the rate of interest used to determine accrued benefits under the plan shall be equal to the average of the rates of interest used under the plan during the 5 year period ending on the termination date and II the interest rate and mortality table used to determine the amount of any benefit under the plan payable in the form of an annuity payable at normal retirement age shall be the rate and table specified under the plan for such purpose as of the termination date except that if such interest rate is a variable rate the interest rate shall be determined under the rules of subclause I C Certain offsets permitted A plan shall not be treated as failing to meet the requirements of paragraph 1 solely because the plan provides offsets against benefits under the plan to the extent such offsets are allowable in applying the requirements of section 401 a of Title 26 the Internal Revenue Code of 1986 D Permitted disparities in plan contributions or benefits A plan shall not be treated as failing to meet the requirements of paragraph 1 solely because the plan provides a disparity in contributions or benefits with respect to which the requirements of section 401 l of Title 26 the Internal Revenue Code of 1986 are met E Indexing permitted i In general A plan shall not be treated as failing to meet the requirements of paragraph 1 solely because the plan provides for indexing of accrued benefits under the plan ii Protection against loss Except in the case of any benefit provided in the form of a variable annuity clause i shall not apply with respect to any indexing which results in an accrued benefit less than the accrued benefit determined without regard to such indexing iii Indexing For purposes of this subparagraph the term indexing means in connection with an accrued benefit the periodic adjustment of the accrued benefit by means of the application of a recognized investment index or methodology F Early retirement benefit or retirement type subsidy For purposes of this paragraph the terms early retirement benefit and retirement type subsidy have the meaning given such terms in section 1053 g 2 A of this title section 203 g 2 A of the Employee Retirement Income Security Act of 1974 G Benefit accrued to date For purposes of this paragraph any reference to the accrued benefit shall be a reference to such benefit accrued to date j Employment as firefighter or law enforcement officer It shall not be unlawful for an employer which is a State a political subdivision of a State an agency or instrumentality of a State or a political subdivision of a State or an interstate agency to fail or refuse to hire or to discharge any individual because of such individual s age if such action is taken 1 with respect to the employment of an individual as a firefighter or as a law enforcement officer the employer has complied with section 3 d 2 of the Age Discrimination in Employment Amendments of 1996 if the individual was discharged after the date described in such section and the individual has attained A the age of hiring or retirement respectively in effect under applicable State or local law on March 3 1983 or B i if the individual was not hired the age of hiring in effect on the date of such failure or refusal to hire under applicable State or local law enacted after September 30 1996 or ii if applicable State or local law was enacted after September 30 1996 and the individual was discharged the higher of I the age of retirement in effect on the date of such discharge under such law and II age 55 and 2 pursuant to a bona fide hiring or retirement plan that is not a subterfuge to evade the purposes of this chapter k Seniority system or employee benefit plan compliance A seniority system or employee benefit plan shall comply with this chapter regardless of the date of adoption of such system or plan l Lawful practices minimum age as condition of eligibility for retirement benefits deductions from severance pay reduction of long term disability benefits Notwithstanding clause i or ii of subsection f 2 B of this section 1 A It shall not be a violation of subsection a b c or e of this section solely because i an employee pension benefit plan as defined in section 1002 2 of this title section 2 2 of the Employee Retirement Income Security Act of 1974 provides for the attainment of a minimum age as a condition of eligibility for normal or early retirement benefits or ii a defined benefit plan as defined in section 1002 35 of this title section 2 35 of the Employee Retirement Income Security Act provides for I payments that constitute the subsidized portion of an early retirement benefit or II social security supplements for plan participants that commence before the age and terminate at the age specified by the plan when participants are eligible to receive reduced or unreduced old age insurance benefits under title II of the Social Security Act 42 U S C 401 et seq and that do not exceed such old age insurance benefits B A voluntary early retirement incentive plan that i is maintained by I a local educational agency as defined in section 7801 of Title 20 the Elementary and Secondary Education Act of 1965 or II an education association which principally represents employees of 1 or more agencies described in subclause I and which is described in section 501 c 5 or 6 of Title 26 the Internal Revenue Code of 1986 and exempt from taxation under section 501 a of Title 26 the Internal Revenue Code of 1986 and ii makes payments or supplements described in subclauses I and II of subparagraph A ii in coordination with a defined benefit plan as so defined maintained by an eligible employer described in section 457 e 1 A of Title 26 the Internal Revenue Code of 1986 or by an education association described in clause i II shall be treated solely for purposes of subparagraph A ii as if it were a part of the defined benefit plan with respect to such payments or supplements Payments or supplements under such a voluntary early retirement incentive plan shall not constitute severance pay for purposes of paragraph 2 2 A It shall not be a violation of subsection a b c or e of this section solely because following a contingent event unrelated to age i the value of any retiree health benefits received by an individual eligible for an immediate pension ii the value of any additional pension benefits that are made available solely as a result of the contingent event unrelated to age and following which the individual is eligible for not less than an immediate and unreduced pension or iii the values described in both clauses i and ii are deducted from severance pay made available as a result of the contingent event unrelated to age B For an individual who receives immediate pension benefits that are actuarially reduced under subparagraph A i the amount of the deduction available pursuant to subparagraph A i shall be reduced by the same percentage as the reduction in the pension benefits C For purposes of this paragraph severance pay shall include that portion of supplemental unemployment compensation benefits as described in section 501 c 17 of Title 26 the Internal Revenue Code of 1986 that i constitutes additional benefits of up to 52 weeks ii has the primary purpose and effect of continuing benefits until an individual becomes eligible for an immediate and unreduced pension and iii is discontinued once the individual becomes eligible for an immediate and unreduced pension D For purposes of this paragraph and solely in order to make the deduction authorized under this paragraph the term retiree health benefits means benefits provided pursuant to a group health plan covering retirees for which determined as of the contingent event unrelated to age i the package of benefits provided by the employer for the retirees who are below age 65 is at least comparable to benefits provided under title XVIII of the Social Security Act 42 U S C 1395 et seq ii the package of benefits provided by the employer for the retirees who are age 65 and above is at least comparable to that offered under a plan that provides a benefit package with one fourth the value of benefits provided under title XVIII of such Act or iii the package of benefits provided by the employer is as described in clauses i and ii E i If the obligation of the employer to provide retiree health benefits is of limited duration the value for each individual shall be calculated at a rate of 3 000 per year for benefit years before age 65 and 750 per year for benefit years beginning at age 65 and above ii If the obligation of the employer to provide retiree health benefits is of unlimited duration the value for each individual shall be calculated at a rate of 48 000 for individuals below age 65 and 24 000 for individuals age 65 and above iii The values described in clauses i and ii shall be calculated based on the age of the individual as of the date of the contingent event unrelated to age The values are effective on October 16 1990 and shall be adjusted on an annual basis with respect to a contingent event that occurs subsequent to the first year after October 16 1990 based on the medical component of the Consumer Price Index for all urban consumers published by the Department of Labor iv If an individual is required to pay a premium for retiree health benefits the value calculated pursuant to this subparagraph shall be reduced by whatever percentage of the overall premium the individual is required to pay F If an employer that has implemented a deduction pursuant to subparagraph A fails to fulfill the obligation described in subparagraph E any aggrieved individual may bring an action for specific performance of the obligation described in subparagraph E The relief shall be in addition to any other remedies provided under Federal or State law 3 It shall not be a violation of subsection a b c or e of this section solely because an employer provides a bona fide employee benefit plan or plans under which long term disability benefits received by an individual are reduced by any pension benefits other than those attributable to employee contributions A paid to the individual that the individual voluntarily elects to receive or B for which an individual who has attained the later of age 62 or normal retirement age is eligible m Voluntary retirement incentive plans Notwithstanding subsection f 2 b of this section it shall not be a violation of subsection a b c or e of this section solely because a plan of an institution of higher education as defined in section 1001 of Title 20 the Higher Education Act of 1965 offers employees who are serving under a contract of unlimited tenure or similar arrangement providing for unlimited tenure supplemental benefits upon voluntary retirement that are reduced or eliminated on the basis of age if 1 such institution does not implement with respect to such employees any age based reduction or cessation of benefits that are not such supplemental benefits except as permitted by other provisions of this chapter 2 such supplemental benefits are in addition to any retirement or severance benefits which have been offered generally to employees serving under a contract of unlimited tenure or similar arrangement providing for unlimited tenure independent of any early retirement or exit incentive plan within the preceding 365 days and 3 any employee who attains the minimum age and satisfies all non age based conditions for receiving a benefit under the plan has an opportunity lasting not less than 180 days to elect to retire and to receive the maximum benefit that could then be elected by a younger but otherwise similarly situated employee and the plan does not require retirement to occur sooner than 180 days after such election STUDY BY SECRETARY OF LABOR REPORTS TO PRESIDENT AND CONGRESS SCOPE OF STUDY IMPLEMENTATION OF STUDY TRANSMITTAL DATE OF REPORTS SEC 624 Section 5 a 1 The EEOC originally the Secretary of Labor is directed to undertake an appropriate study of institutional and other arrangements giving rise to involuntary retirement and report his findings and any appropriate legislative recommendations to the President and to the Congress Such study shall include A an examination of the effect of the amendment made by section 3 a of the Age Discrimination in Employment Act Amendments of 1978 in raising the upper age limitation established by section 631 a of this title section 1 a to 70 years of age B a determination of the feasibility of eliminating such limitation C a determination of the feasibility of raising such limitation above 70 years of age and D an examination of the effect of the exemption contained in section 631 c of this title section 1 c relating to certain executive employees and the exemption contained in section 631 d of this title section 1 d relating to tenured teaching personnel 2 The EEOC originally the Secretary of Labor may undertake the study required by paragraph 1 of this subsection directly or by contract or other arrangement b The report required by subsection a of this section shall be transmitted to the President and to the Congress as an interim report not later than January 1 1981 and in final form not later than January 1 1982 Transfer of Functions All functions relating to age discrimination administration and enforcement vested by Section 6 in the Secretary of Labor or the Civil Service Commission were transferred to the Equal Employment Opportunity Commission effective January 1 1979 under the President s Reorganization Plan No 1 ADMINISTRATION SEC 625 Section 6 The EEOC originally the Secretary of Labor shall have the power a Delegation of functions appointment of personnel technical assistance to make delegations to appoint such agents and employees and to pay for technical assistance on a fee for service basis as he deems necessary to assist him in the performance of his functions under this chapter b Cooperation with other agencies employers labor organizations and employment agencies to cooperate with regional State local and other agencies and to cooperate with and furnish technical assistance to employers labor organizations and employment agencies to aid in effectuating the purposes of this chapter RECORDKEEPING INVESTIGATION AND ENFORCEMENT SEC 626 Section 7 a Attendance of witnesses investigations inspections records and homework regulations The Equal Employment Opportunity Commission shall have the power to make investigations and require the keeping of records necessary or appropriate for the administration of this chapter in accordance with the powers and procedures provided in sections 209 and 211 of this title sections 9 and 11 of the Fair Labor Standards Act of 1938 as amended b Enforcement prohibition of age discrimination under fair labor standards unpaid minimum wages and unpaid overtime compensation liquidated damages judicial relief conciliation conference and persuasion The provisions of this chapter shall be enforced in accordance with the powers remedies and procedures provided in sections 211 b 216 except for subsection a thereof and 217 of this title sections 11 b 16 except for subsection a thereof and 17 of the Fair Labor Standards Act of 1938 as amended and subsection c of this section Any act prohibited under section 623 of this title section 4 shall be deemed to be a prohibited act under section 215 of this title section 15 of the Fair Labor Standards Act of 1938 as amended Amounts owing to a person as a result of a violation of this chapter shall be deemed to be unpaid minimum wages or unpaid overtime compensation for purposes of sections 216 and 217 of this title sections 16 and 17 of the Fair Labor Standards Act of 1938 as amended Provided That liquidated damages shall be payable only in cases of willful violations of this chapter In any action brought to enforce this chapter the court shall have jurisdiction to grant such legal or equitable relief as may be appropriate to effectuate the purposes of this chapter including without limitation judgments compelling employment reinstatement or promotion or enforcing the liability for amounts deemed to be unpaid minimum wages or unpaid overtime compensation under this section Before instituting any action under this section the Equal Employment Opportunity Commission shall attempt to eliminate the discriminatory practice or practices alleged and to effect voluntary compliance with the requirements of this chapter through informal methods of conciliation conference and persuasion c Civil actions persons aggrieved jurisdiction judicial relief termination of individual action upon commencement of action by Commission jury trial 1 Any person aggrieved may bring a civil action in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this chapter Provided That the right of any person to bring such action shall terminate upon the commencement of an action by the Equal Employment Opportunity Commission to enforce the right of such employee under this chapter 2 In an action brought under paragraph 1 a person shall be entitled to a trial by jury of any issue of fact in any such action for recovery of amounts owing as a result of a violation of this chapter regardless of whether equitable relief is sought by any party in such action d 1 Filing of charge with Commission timeliness conciliation conference and persuasion No civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Opportunity Commission Such a charge shall be filed A within 180 days after the alleged unlawful practice occurred or B in a case to which section 633 b of this title applies within 300 days after the alleged unlawful practice occurred or within 30 days after receipt by the individual of notice of termination of proceedings under State law whichever is earlier 2 Upon receiving such a charge the Commission shall promptly notify all persons named in such charge as prospective defendants in the action and shall promptly seek to eliminate any alleged unlawful practice by informal methods of conciliation conference and persuasion 3 For purposes of this section an unlawful practice occurs with respect to discrimination in compensation in violation of this Act when a discriminatory compensation decision or other practice is adopted when a person becomes subject to a discriminatory compensation decision or other practice or when a person is affected by application of a discriminatory compensation decision or other practice including each time wages benefits or other compensation is paid resulting in whole or in part from such a decision or other practice e Reliance on administrative rulings notice of dismissal or termination civil action after receipt of notice Section 259 of this title section 10 of the Portal to Portal Act of 1947 shall apply to actions under this chapter If a charge filed with the Commission under this chapter is dismissed or the proceedings of the Commission are otherwise terminated by the Commission the Commission shall notify the person aggrieved A civil action may be brought under this section by a person defined in section 630 a of this title section 11 a against the respondent named in the charge within 90 days after the date of the receipt of such notice f Waiver 1 An individual may not waive any right or claim under this chapter unless the waiver is knowing and voluntary Except as provided in paragraph 2 a waiver may not be considered knowing and voluntary unless at a minimum A the waiver is part of an agreement between the individual and the employer that is written in a manner calculated to be understood by such individual or by the average individual eligible to participate B the waiver specifically refers to rights or claims arising under this chapter C the individual does not waive rights or claims that may arise after the date the waiver is executed D the individual waives rights or claims only in exchange for consideration in addition to anything of value to which the individual already is entitled E the individual is advised in writing to consult with an attorney prior to executing the agreement F i the individual is given a period of at least 21 days within which to consider the agreement or ii if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees the individual is given a period of at least 45 days within which to consider the agreement G the agreement provides that for a period of at least 7 days following the execution of such agreement the individual may revoke the agreement and the agreement shall not become effective or enforceable until the revocation period has expired H if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees the employer at the commencement of the period specified in subparagraph F informs the individual in writing in a manner calculated to be understood by the average individual eligible to participate as to i any class unit or group of individuals covered by such program any eligibility factors for such program and any time limits applicable to such program and ii the job titles and ages of all individuals eligible or selected for the program and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program 2 A waiver in settlement of a charge filed with the Equal Employment Opportunity Commission or an action filed in court by the individual or the individual s representative alleging age discrimination of a kind prohibited under section 623 or 633a of this title section 4 or 15 may not be considered knowing and voluntary unless at a minimum A subparagraphs A through E of paragraph 1 have been met and B the individual is given a reasonable period of time within which to consider the settlement agreement 3 In any dispute that may arise over whether any of the requirements conditions and circumstances set forth in subparagraph A B C D E F G or H of paragraph 1 or subparagraph A or B of paragraph 2 have been met the party asserting the validity of a waiver shall have the burden of proving in a court of competent jurisdiction that a waiver was knowing and voluntary pursuant to paragraph 1 or 2 4 No waiver agreement may affect the Commission s rights and responsibilities to enforce this chapter No waiver may be used to justify interfering with the protected right of an employee to file a charge or participate in an investigation or proceeding conducted by the Commission NOTICES TO BE POSTED SEC 627 Section 8 Every employer employment agency and labor organization shall post and keep posted in conspicuous places upon its premises a notice to be prepared or approved by the Equal Employment Opportunity Commission setting forth information as the Commission deems appropriate to effectuate the purposes of this chapter RULES AND REGULATIONS SEC 628 Section 9 In accordance with the provisions of subchapter II of chapter 5 of title 5 Administrative Procedures Act 5 U S C 551 et seq the Equal Employment Opportunity Commission may issue such rules and regulations as it may consider necessary or appropriate for carrying out this chapter and may establish such reasonable exemptions to and from any or all provisions of this chapter as it may find necessary and proper in the public interest CRIMINAL PENALTIES SEC 629 Section 10 Whoever shall forcibly resist oppose impede intimidate or interfere with a duly authorized representative of the Equal Employment Opportunity Commission while it is engaged in the performance of duties under this chapter shall be punished by a fine of not more than 500 or by imprisonment for not more than one year or by both Provided however That no person shall be imprisoned under this section except when there has been a prior conviction hereunder DEFINITIONS SEC 630 Section 11 For the purposes of this chapter a The term person means one or more individuals partnerships associations labor organizations corporations business trusts legal representatives or any organized groups of persons b The term employer means a person engaged in an industry affecting commerce who has twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year Provided That prior to June 30 1968 employers having fewer than fifty employees shall not be considered employers The term also means 1 any agent of such a person and 2 a State or political subdivision of a State and any agency or instrumentality of a State or a political subdivision of a State and any interstate agency but such term does not include the United States or a corporation wholly owned by the Government of the United States c The term employment agency means any person regularly undertaking with or without compensation to procure employees for an employer and includes an agent of such a person but shall not include an agency of the United States d The term labor organization means a labor organization engaged in an industry affecting commerce and any agent of such an organization and includes any organization of any kind any agency or employee representation committee group association or plan so engaged in which employees participate and which exists for the purpose in whole or in part of dealing with employers concerning grievances labor disputes wages rates of pay hours or other terms or conditions of employment and any conference general committee joint or system board or joint council so engaged which is subordinate to a national or international labor organization e A labor organization shall be deemed to be engaged in an industry affecting commerce if 1 it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer or 2 the number of its members or where it is a labor organization composed of other labor organizations or their representatives if the aggregate number of the members of such other labor organization is fifty or more prior to July 1 1968 or twenty five or more on or after July 1 1968 and such labor organization 1 is the certified representative of employees under the provisions of the National Labor Relations Act as amended 29 U S C 151 et seq or the Railway Labor Act as amended 45 U S C 151 et seq or 2 although not certified is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce or 3 has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the

    Original URL path: http://hrkorea.us/index.php?mid=EmploymentLaw&document_srl=5839 (2016-02-17)
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  • Employment Law - Age Discrimination - 몇살부터 차별을 하는것을 의미할까요?
    treating someone an applicant or employee less favorably because of his age The Age Discrimination in Employment Act ADEA only forbids age discrimination against people who are age 40 or older It does not protect workers under the age of 40 although some states do have laws that protect younger workers from age discrimination It is not illegal for an employer or other covered entity to favor an older worker over a younger one even if both workers are age 40 or older Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40 Age Discrimination Work Situations The law forbids discrimination when it comes to any aspect of employment including hiring firing pay job assignments promotions layoff training fringe benefits and any other term or condition of employment Age Discrimination Harassment It is unlawful to harass a person because of his or her age Harassment can include for example offensive remarks about a person s age Although the law doesn t prohibit simple teasing offhand comments or isolated incidents that aren t very serious harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment

    Original URL path: http://hrkorea.us/index.php?mid=EmploymentLaw&document_srl=5836 (2016-02-17)
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  • Employment Law - OSHA (Occupational Safety and Health Administration) - Rights & Responsibilities - Employee
    IP ADRESS 173 42 220 Views 1136 Employees have the right to Working conditions that do not pose a risk of serious harm Receive information and training in a language workers can understand about chemical and other hazards methods to prevent harm and OSHA standards that apply to their workplace Review records of work related injuries and illnesses Get copies of test results done to find and measure hazards in

    Original URL path: http://hrkorea.us/index.php?mid=EmploymentLaw&document_srl=5821 (2016-02-17)
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