Employee Benefit
Security
The Employee
Retirement Income Security Act (ERISA) regulates employers who offer pension or welfare benefit plans for their
employees. Title I of ERISA is administered by the Employee Benefits Security Administration (EBSA) (formerly the Pension and Welfare Benefits
Administration) and imposes a wide range of fiduciary, disclosure and reporting requirements on fiduciaries of
pension and welfare benefit plans and on others having dealings with these plans. These provisions preempt many
similar state laws. Under Title IV, certain employers and plan administrators must fund an insurance system to
protect certain kinds of retirement benefits, with premiums paid to the federal government's
Pension Benefit Guaranty Corporation (PBGC). EBSA also administers reporting
requirements for continuation of health-care provisions, required under the Comprehensive Omnibus Budget
Reconciliation Act of 1985 (COBRA) and the health care portability requirements on group plans under the Health
Insurance Portability and Accountability Act (HIPAA).
Unions & Their
Members
The
Labor-Management Reporting and Disclosure Act of 1959 (also known as the Landrum-Griffin Act) deals with the
relationship between a union and its members. It protects union funds and promotes union democracy by requiring
labor organizations to file annual financial reports, by requiring union officials, employers, and labor
consultants to file reports regarding certain labor relations practices, and by establishing standards for the
election of union officers. The act is administered by the Office of Labor-Management Standards
(OLMS), which is part of ESA.
Employee
Protection
Most labor and
public safety laws and many environmental laws mandate whistleblower protections for employees who complain
about violations of the law by their employers. Remedies can include job reinstatement and payment of back
wages. OSHA enforces the whistleblower
protections in most laws.
Uniformed Services
Employment and Reemployment Rights Act
Certain persons who
serve in the armed forces have a right to reemployment with the employer they were with when they entered
service. This includes those called up from the reserves or National Guard. These rights are administered by the
Veterans' Employment and Training Service
(VETS).
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