Federal employment laws

Cooper, S. (2002). The Inquest Experience. Accident Prevention (Canada), March/April, p. 27. Delpo, A. and Guerin, L. (2002). Federal Employment Laws - A Desk Reference. Berkeley, CA Nolo Press. 

The jamming of the large particles estimated in this manner for various initial coverages 0s are compared in Fig. 3 with the exact result, 0c = 0.547. As expected, both approximations based on Eqs. (8) and (9) are better at large 0s values, where Feder s law is obeyed, when the interpolating function is employed for the 1ow-0l expansion. In... 

The Federal Employment Agency (Bundesagentur fur Arbeit) as the unemployment insurance agency is responsible for UB I payment as well as for the implementation of active labour market policy laid down in the Third Book of the Social Code SGB III. The BA is a corporation under public law ( 367(1) SGB III). 

Substance abuse is considered a handicap. Therefore, the healthcare provider who is employed by a healthcare facility may be protected by state and federal employment discrimination laws such as the Rehabilitation Act (29USC, Section 706). This Act requires employers to continue employment of a substance abuser as long as the employee can perform their job function and is not a threat to safety or property. This means that the healthcare provider s responsibility might be temporarily reassigned until treatment is completed. 

Specific state labor laws In addition to the federal labor and employment laws, many states possess state laws that are often more restrictive or unique to the individual state. 

The administration and enforcement of the ADEA is currently housed with the EEOC on the federal level. This has not always been the case. The ADEA was originally administered and enforced by the Wage and Hour Division of the U.S. Department of Labor, and the Fair Labor Standards Act structure and mechanisms were utilized. With the Reorganization Plan No. 1 in 1978, the Equal Employment Opportunity Commission was provided authority over the ADEA and established its own guidelines. However, the ADEA must still be enforced through the procedures established under the Fair Labor Standards Act rather than those of Title VII, with other similar federal antidiscrimination laws. ... 

While the federal antidiscrimination laws don t require an employer to accommodate an employee who must care for a disabled family member, the Family and Medical Leave Act (FMLA) may require an employer to take such steps. The Department of Labor enforces the FMLA. For more information, call 1-866-487-9243. 

Of particular importance for safety professionals with medical responsibilities is the area of employment-related testing and screening. Safety professionals should take careful note of the various federal antidiscrimination laws, including the ADEA, which impact the post-offer employment and screening processes utilized by many companies and organizations to evaluate applicants and for internal promotion and evaluation purposes. Safety professionals should carefully analyze and assess... 

The use of tests and other selection procedures can be a very effective means of determining which applicants or employees are most qualified for a particular job. However, use of these tools can violate the federal antidiscrimination laws if an employer intentionally uses them to discriminate based on race, color, sex, national origin, religion, disability, or age (40 or older). Use of tests and other selection procedures can also violate the federal antidiscrimination laws if they disproportionately exclude people in a particular group by race, sex, or another covered basis, unless the employer can justify the test or procedure under the law. 

This fact sheet provides technical assistance on some common issues relating to the federal antidiscrimination laws, and the use of tests and other selection procedures in the employment process. 

The Federal Employment Compensation Act provides workers compensation for nonmilitary, federal employees. Many of its provisions remain typical of most workers compensation laws. Many times awards remain limited to disability or death sustained while in the performance of the employee s duties. The act covers medical expenses due to the disability and may require... 

Under federal education law, active participation is mandated for those children eligible for special education and related services to ensure that they and their parents feel supported by the school system. While an exceedingly valuable mandate, there are often barriers to family involvement created by administrative structures and service delivery mechanisms within schools. To address these difficulties, the National Agenda for Achieving Better Results for Children and Youth with Serious Emotional Disturbance (2000) suggests the following approaches that schools can employ ... 

Act of May 16, 1910, Public Law No. 61-179, 3 Stat. 369 (1910) (mine safety statute) Federal Employers Liability Act of 1908, chapter 149, 35 Stat. 65 (1908) Daniel J. Curran, Dead Laws for Dead Men 66-67 (D93)i William Graebner, Coal-Mining Safety in the Progressive Period 23, 33 (1976) McEvoy, Triangle Shirtwaist, 646. 

Ethical values and legal principles are usually closely related, but ethical obligations typically exceed legal duties. In some cases, the law mandates ethical conduct. Examples of the application of law or policy to ethics include employment law, federal regulations as well as industry codes and consensus standards. 

API is not undertaking to meet the duties of employers, manufacturers, or suppliers to warn and properly train and equip their employees, and others exposed, concerning health and safety risks and precautions, nor undertaking their obligations under local, state, or federal laws. 

If the relationships between the previous employer, who owns trade secrets, the departing employee, and his new employer degenerate to the position that court action appears imminent, that action may well be taken in a state court or a federal court applying state law, and a jury may make the decision. A jury sometimes gives specific answers to specific interrogatories but usually delivers a verdict on the evidence without explanation. It is difficult, therefore, to predict what a jury will hold. It is also difficult to reason from the verdict in one case to another. 

---