Declues, Burkett & Thompson, LLP

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Employment

The Women's Health and Cancer Rights Act
The Employee Retirement Income Security Act of 1974 (ERISA) was passed to regulate employee benefit plans, including employer-sponsored group health plans. In 1998, an amendment to ERISA was passed called the Women's Health and Cancer Rights Act (WHCRA), which applies to individual health plans as well as to employer-sponsored group health plans. The WHCRA establishes rights for women who are covered under health plans that cover mastectomies. It is important to note that the WHCRA does not require health plans to provide coverage for mastectomy; rather, it imposes requirements on plans that do offer such coverage. More...
Arbitration and Grievance Procedures under the Federal Service Labor-Management Relations Statute
Background More...
Federal Employee Labor Union Rights and Duties
Title VII of the Civil Service Reform Act of 1978, known as the Federal Service Labor-Management Relations Statute, sets forth the law under which federal agency employees may be represented by a union or other labor organization for collective bargaining purposes. Pursuant to the Statute, most federal agency employees are entitled to join or organize labor unions. More...
Unemployment Benefits -- Claiming Benefits
Unemployment benefits are not automatic. After losing his job, an individual must formally request benefits. He will submit a claim and, if eligible, receive payments. The amount he receives and the length of time for which he remains eligible will vary based on a number of factors. More...
Unemployment Benefits - Protest -- Disqualification
The most frequent reasons for protest are those involving a protest against the payment of unemployment benefits chargeable against the employer because the claimant either voluntarily quit his employment or he was discharged for misconduct connected with his work. In regard to these bases of protests, the employer is in a unique position to know the facts because the employer was involved in the circumstances surrounding the discharge at the time it occurred and also because the facts will have occurred prior to the separation from the employer's employment of the claimant. Several other bases of protest (such as available to work and actively seeking work) are all items which may transpire subsequent to the date of separation from the employment and the circumstances of them may not even be within the knowledge of the employer. More...

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