| Mine Safety and Health Act of 1977 |
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| Although mine operators have been subject to federal regulation for nearly a century, the Mine Safety and Health Act of 1977 has significantly improved the safety of mining. Mining accidents, particularly mining fatalities, have dramatically decreased since the passage of the Act, the purpose of which was to protect the lives of miners and to prevent injuries. More... |
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| Privacy - Drug Testing - State Law Issues |
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| The courts have had a difficult time determining which public employees may be tested randomly, within the confines of the United States Constitution, for drug use. As the subject continues to be clarified, it will create a "floor," or a standard below which states cannot go when dealing with similar issues of random drug testing in employment. Of course, the courts will still have the final say if they determine that state laws and constitutional provisions are more restrictive (afford more protection) than their federal counterparts. The courts may even prohibit the random testing of employees to whom the state laws and constitutional provisions apply. More... |
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| Unemployment Benefits - Protest -- Disqualification |
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| 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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| ADA Disability Discrimination Claims |
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| The Americans with Disabilities Act of 1990 (ADA) prevents employers from making adverse employment decisions based upon the disability of an employee or applicant. If an employee or applicant can perform the essential functions of a job with reasonable accommodation, an employer is not allowed to discriminate against him or her because of that disability. More... |
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| Unemployment Insurance -- Financing -- Funding Strategies |
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| Typically, states use one of two primary strategies to fund their unemployment insurance programs. The first, advance funding, relies on the establishment and maintenance of a sizeable fund out of which unemployment benefits can be paid. The second, known as pay-as-you-go, utilizes a system by which employers are called upon to pay into the fund on an as needed basis. Both systems are currently in use, and both have their pros and cons. More... |
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