You are to summarize in your own words what you considered most significant from your vantage point based on the lecture of the current week. Please refer to the textbook’s corresponding “chapter 3 s

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You are to summarize in your own words what you considered most significant from your vantage point based on the lecture of the current week. Please refer to the textbook’s corresponding “chapter  3 summary” for each chapter covered, which summarizes what was learned during the respective week covered. Your weekly summary must follow 7th Edition APA guidelines, and your completed work must be at least 600-700 words in length (1/1/2 pages), excluding the cover page and reference listing.


Regulating Employee Benefits

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Chapter Outline

The Need for Government Regulation

Labor Unions and Employee Benefits National Labor RelationsAct of 1935

Internal Revenue Code

Fair Labor Standards Act of 1938 Employee Retirement Income Security Act of 1974

Defining Pension Plans and Welfare Plans Scope of Coverage for Pension Plans Welfare Plans

Title :1 Protection of Employee Rights

Title II: Amendments to the Internal

Revenue Code Relating ot Retirement Plans Title I: Jurisdiction, Administration,

Enforcement, Joint Pension Task Force, and OtherIssues

Title : Plan TerminationInsurance

Consolidated Omnibus Budget reconciliation Act of 1985

Health Insurance Portability and Accountability Act of 1996

Pension Protection Act of 2006

Patient Protection and Affordable Care Act of 2010

Setting Every Community Up for Retirement Enhancement (SECURE Act)

Equal Employment Opportunity Laws Equal Pay Act of 1963

Title VI of the Civil Rights Act of 1964 Age Discrimination ni Employment Act of 1967

Pregnancy Discrimination Act of 1978 Americans with Disabilities Act of 1990

Civil Rights Act of 191

Genetic Information Nondiscrimination Act of2008


Key Terms Discussion Questions Cases

.1 Understanding Your Employee Benefits: Continuing Health-Care Insurance

2. Managing Employee Benefits:

A Discriminatory Time-Of Policy


Learning Objectives

in Inis chapter, you will gain an under- standing of:

1. The need for government regulation in the employment sewing

2. The National Labor Relations Act of 1935.

Final PDF toprinter


Chapter 3 Regulating Employee Benefits 83

based on seniority. For example, employees earn more annual vacation days as their length of service increases. The Civil Rights Act of 1991 overturned the SupremeCourt’s decision ni Lorance .o AT&T Technologies,which alowed employees to challenge the use of seniority systems only within 180 days from the system’s implementation date. Now, employees may file suits claiming dis- crimination either when the system is implemented or whenever the system negatively affects them.

Genetic Information Nondiscrimination Act of 2 0 0 8

The Genetic Information Nondiscrimination Act of 2008 (GINA) protects job applicants, current and former employees, labor union members, and apprentices

and trainees from discrimination by making unlawful the misuse of genetic infor- mation to discriminate in health care and employment. GINA contains two titles- Title I and Title I.

Title I applies to employer-sponsored group health plans. This title generally prohibits discrimination in group premiums based on genetic information and the use of genetic information as a basis for determining eligibility or setting health- care premiums.

Title I prohibits the use of genetic information in the employment setting, restricts the deliberate acquisition of genetic information by employers and others

covered by Title I, and strictly limits them from disclosing genetic information. The law incorporates many of the definitions, remedies, and procedures from Title VI and other statutes protecting federal, state, and congressional employees from



Title I applies to private and state and local government employers with 51 or more employees, employment agencies, labor unions, and joint labor-management training programs. It also covers Congress and federal executive branch agencies such as the U.S. Department of Labor. The EBOC enforces GINA.

Relevance to Employee Benefits Practices

GINA was enacted because of developments in the field of genetics, the decoding

of the human genome, and advances in the field of genomic medicine. Genetic

tests now exist that can inform individuals whether they may be at risk for

developing a specific disease o rdisorder. As a result, people have concerns about whether they may be at risk of losing access to health coverage or employment if insurers or emplovers have their genetic information.

This chapter provides a discussion of important federal regulation of many employee- benefits practices. The regulation of discretionary benefits practices is quite complex, as a varietyof laws andregulations play a role,including the tax code and federal equal employment opportunity laws. Familiarity with these laws and regulations si an important foundation for ettective employee-benerits practice.

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