Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in Labor and Employment Law
Defining Genetic Information Under Gina, Shane Padilla
Defining Genetic Information Under Gina, Shane Padilla
Cleveland State Law Review
The Genetic Information Nondiscrimination Act (GINA) was enacted to prevent discrimination based on an employee’s genetic information. Although GINA undoubtedly provides employees protection from unjust genetic discrimination by employers, varying interpretations of what constitutes “genetic information” has raised legal uncertainties in how GINA is applied. Consequently, the genetic information of an employee’s family may be unduly placed at risk as a result of misinterpreting the statutory language and legislative intent of GINA. It is of the utmost importance that the definition of “genetic information” be construed with respect to the Act’s legislative history, which supports a broad interpretation and application …
Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen
Is More Parental Leave Always Better?: An Analysis Of Potential Employee Protections For Leave Offered Outside The Fmla, Natalie Bucciarelli Pedersen
Cleveland State Law Review
In the past few years, many large companies, including Netflix, Amazon and Facebook have implemented expanded—and very generous—parental leave policies. While on the surface these policies seem employee-friendly and even big-hearted, when one explores the potential consequences of taking such leave, the policies are fraught with potential dangers for employees. In a groundbreaking new study, researchers have found that employers view time off or flexible work arrangements made for an employee’s personal reasons as negatively reflecting on an employee’s work commitment. But what happens if a company decides to terminate an employee because they have taken leave and are viewed …
Single-Employer Profit Sharing Plans: Should A Break In Service That Occurs Because Of A Natural Disaster Result In The Forfeiture Of A Plan Participant's Nonvested Profit Sharing Benefit, Marie Ellen Haynes
Cleveland State Law Review
Most profit sharing plans provide that the nonvested portion of an employee's profit sharing benefit can be forfeited when the employee incurs a break in service. A break in service often results in termination. Employees can also break their service with an employer by quitting, retiring, dying, becoming disabled, getting laid-off, or being discharged for cause. Some of these methods of incurring a break from service are voluntary while others are involuntary. Whether an employee's profit sharing benefit can be forfeited may depend on whether his break in service was voluntary or involuntary. The issue that will be addressed here …