As part of its work incentive program, the Social Security Administration (SSA) has authorized the use of Plans to Achieve Self-Support (PASS) by disabled or blind individuals who are Supplemental Security Income beneficiaries. A PASS enables these beneficiaries to set…
For the recovery of workers compensation benefits, many jurisdictions require proof of injury “by accident.” While some states define accidental injuries in their workers compensation statutes, others do not leaving the courts to sort out the meaning intended. Generally, “by…
When an employee is injured in the course of his employment, the natural and resulting consequences from such injury are compensable as also arising in the course of employment. The compensable consequences of the injury can encompass a negative progression…
In most jurisdictions, an injured employee must make a claim for workers compensation within a specified time. By imposing a time limitation on filing a claim, the states have attempted to protect employers from old or stale claims that would…
Social security disability benefits are paid only so long as the individual remains disabled. The Social Security Administration (SSA) will cease paying benefits if the individual can engage in substantial gainful activity. The Social Security Disability Reform Act of 1984…
Consumer Credit Protection Act Sometimes, a court may direct an employer to withhold a portion of an employee’s earnings and to pay the withheld amount to the court or a creditor. Sometimes a state or the federal government may direct…
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…
Featherbedding and the National Labor Relations Act Of 1935 NLRA Overview The National Labor Relations Act (NLRA) was passed in 1935 to promote the rights of workers and to encourage collective bargaining. The NLRA was amended in 1947 by the…
The Fair Labor Standards Act (FLSA) requires most employers to pay most non-exempt workers a minimum wage of $5.15 per hour. It also requires these employers to pay workers time and one-half pay for hours worked in excess of 40…
Dischargeable debts are those debts that can be discharged through bankruptcy proceedings. Certain debts cannot be discharged through a bankruptcy proceeding. In a Chapter 7 bankruptcy, nondischargeable debts cannot be discharged at all, and in a Chapter 13 bankruptcy, these…
