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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:
Wrongful and hurtful judgments about an individual or group based solely on their ethnicity or color of their skin; actions based on racial prejudice.
Undue Hardship
Definition:
With respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity, when considered in light of certain factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation.
Executive Order 11246
Definition:
Executive Order 11246, as amended, prohibits discrimination in employment by contractors with the federal government on the basis of race, color, sex, religion, or national origin. The Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor is the federal agency responsible for investigating individual charges of discrimination under Executive Order 11246.
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