Employment Issues. A practicum placement is not to be made when such placement will replace a regular, part- time, or casual worker who is on lay-off or whose job has been eliminated due to budget cuts or “downsizing”. Should a lay-off or any regular, part time or casual worker(s) occur during the placement, the educational supervisor will be notified and the placement will be terminated.
Employment Issues. As of the date of this Agreement, (a) there is no labor strike, dispute, slowdown, stoppage or lockout actually pending, or, to the Knowledge of the Company, threatened against the Company or any Subsidiary, and during the past three years there has not been any such action, (b) to the Knowledge of the Company, no union claims to represent the employees of the Company or any Subsidiary, (c) neither the Company nor any Subsidiary is a party to or bound by any collective bargaining or similar agreement with any labor organization, or work rules or practices agreed to with any labor organization or employee association applicable to employees of the Company or any Subsidiary, (d) none of the employees of the Company or any Subsidiary is represented by any labor organization and the Company does not have any Knowledge of any current union organizing activities among the employees of the Company or any Subsidiary, nor is there a question concerning whether representation exists concerning such employees, (e) the Company and its Subsidiaries are, and for the past three years have been, in material compliance with all applicable Laws respecting employment and employment practices, terms and conditions of employment, wages, hours of work and occupational safety and health, and are not engaged in any unfair labor practices as defined in the National Labor Relations Act or other applicable Law, (f) there is no unfair labor practice charge or complaint against the Company or any Subsidiary pending or, to the Knowledge of the Company, threatened before the National Labor Relations Board or any similar state or foreign agency, (g) there is no grievance arising out of any collective bargaining agreement or other grievance procedure, (h) no charges with respect to or relating to the Company or any Subsidiary are pending before the Equal Employment Opportunity Commission or any other agency responsible for the prevention of unlawful employment practices, (i) neither the Company nor any Subsidiary has received notice of the intent of any federal, state, local or foreign agency responsible for the enforcement of labor or employment Laws to conduct an investigation with respect to or relating to the Company or any Subsidiary and no such investigation is in progress and (j) there are no complaints, lawsuits or other Proceedings pending or, to the Knowledge of the Company, threatened in any forum by or on behalf of any present or former employee of the Company or any Subsidiar...
Employment Issues. 18.1. The parties do not consider or intend that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (the “Transfer Regulations”) or any provisions replacing or amending these provisions shall operate to transfer the employment of (i) any employees of or
Employment Issues. 5.1 The structure shall be as per the diagram attached hereto at Appendix 1. This is a regional team, employed through the Lead Council, that will work across the three EPG areas. Overall management of the Function shall be undertaken by a Regional Officer. Each EPG shall have a Resilience Manager, who will be responsible for the programme management of the EPG, and shall co-ordinate planning, response and recovery activities across their area. Each EPG area shall also have at least one Resilience Officer who will be responsible for specific work streams. The Regional Officer will be based at Armagh City, Banbridge and Craigavon Borough Council with other staff hosted across the three EPG areas. Indicative draft job descriptions for the Regional Officer, Resilience Manager and Resilience Officer are attached hereto at Appendix 2.
5.2 The Councils agree that the transfer of staff assigned to the current civil contingencies function arises out of the Local Government Reform Process and that the Review of Public Administration (RPA) Local Government Staff Transfer Scheme and Circulars will apply to the transfer where relevant.
5.3 The legacy employer councils of the civil contingency staff shall indemnify the Lead Council in relation to any redundancy payments that may be payable as a result of or arising from the transfer whether voluntarily or compulsory.
5.4 In addition to 5.3, the Parties agree that the legacy employer councils shall indemnify and keep indemnified the Lead Council against any losses, except indirect losses, incurred by it in connection with any claim or demand by any transferring employee in respect of their employment prior to transfer, or the transfer itself. This indemnity shall apply provided that it arises from any act, fault or omission of the employer councils prior to the effective date of the transfer. The Parties shall execute whatever further Agreements that shall be necessary to give effect to the intention outlined in this Clause.
Employment Issues. Job descriptions currently reflect essential functions of the job, and nonessential functions of the job are listed separately. Job application form EEO statement mentions that your agency does not discriminate on grounds of disability. Questions on job application form are job related and do not inquire about disabilities. Job vacancies are advertised using a variety of media and formats. Job vacancy notices include EEO statement, including clause saying that your agency does not discriminate on the basis of disabilities. Employment policies do not discriminate against applicants or employees with disabilities or their associates. Any required medical exam, administered following an offer of employment, follows acceptable practices regarding disabilities. Drug testing requirements comply with EEOC and Department of Justice regulations. Leave policies and benefits packages do not discriminate against employees with disabilities, their relatives or associates. Employment tests administered to applicants measure skill levels, and do not screen out individuals on the basis of their disabilities.
Employment Issues. Provider is an employer subject to, and shall comply with, all Applicable Laws, including without limitation applicable wage and hour statutes, unemployment compensation statutes and occupational safety and health statutes, and shall be responsible for withholding and payment of any and all payroll taxes and contributions, including without limitation federal, state, provincial, commonwealth and local income taxes; Federal Insurance Contributions Act, Federal Unemployment Tax Act and state unemployment contributions; and workers’ compensation and disability insurance payments.
Employment Issues. 1. UBI and its affiliates shall seek to retain existing employees of Delphos and the Subsidiary in the same or similar positions subsequent to the consummation of the Merger, except that Joxxxx X. Xxxxxxxxxx shall, at the Effective Time, resign from all offices held with Delphos and the Subsidiary as set forth in Section I.I. hereinabove, and Naxxx X. Xxxxxxxxx xill assume a new position with UBI; and provided, however, that nothing in this section or elsewhere in this Agreement shall be deemed to be a contract of employment or be construed to give said employees any rights other than as employees at will under Ohio law and said employees shall not be deemed to be third-party beneficiaries of this provision.
2. At or before the Closing, UBI shall have instituted a new severance arrangement with their employees whereby in the event an eligible employee is terminated without cause by UBI or any of its subsidiaries, such employee shall receive severance in the amount of two weeks salary for each year of employment with UBI. For the purposes of such severance arrangement, eligible employees of Delphos and the Subsidiary shall receive credit for their years of employment with Delphos and the Subsidiary.
3. At the Closing, Joxxxx X. Xxxxxxxxxx shall receive a lump sum payment under his Employment Agreement to be calculated as set forth in the Delphos Schedules shall receive full vesting of stock options held by him and shall receive full vesting of his restricted stock; and shall execute a non-competition agreement in the form attached hereto as Appendix C.
4. As soon as practicable following the Effective Time, employees of Delphos or the Subsidiary who remain employed after the Merger shall be entitled to participate in UBI's employee benefit plans with full credit for years of service with Delphos for eligibility and vesting under such plans and waiver of any pre-existing medical conditions.
Employment Issues. (a) Section 2.14(a) of the Company Letter sets forth a list of those employees of the Company subject to written employment agreements (collectively, the “Employment Agreements”).
(b) The Company is not a party to any collective bargaining agreement, labor contract or other agreement with a body representing any of its employees. The Company is not now, and has not, engaged in any unfair labor practice with respect to any Persons employed by or otherwise performing services primarily for the Company (the “Company Business Personnel”), and, to the Knowledge of the Company, there is no unfair labor practice complaint or grievance against the Company by any Person pursuant to the National Labor Relations Act or any comparable state or foreign law pending or threatened in writing with respect to the Company Business Personnel and there have been no claims, inquiries, citations, penalties assessed or other proceedings in respect of the Company which relate to any provision of law relating to unfair labor practices. There is no labor strike, dispute, slowdown or stoppage pending or, to the Knowledge of the Company, threatened against or affecting the Company which may interfere with the Business.
(c) Except as set forth in Section 2.14(c) of the Company Letter, the Company is in material compliance with all applicable laws, rules and regulations which relate to wages and hours and is not liable for any arrears of wages or any taxes or penalties for failure to comply with any of the foregoing.
(d) Except as set forth in Section 2.14(d) of the Company Letter, the Company is in material compliance with all applicable laws, rules and regulations which relate to discrimination in employment, including those relating to race, color, national origin, sex, religion, age, marital status, disability or any other legally protected status and there are no pending or, to the Knowledge of the Company, threatened discrimination charges or complaints against the Company relating to race, color, national origin, sex, religion, age, marital status, disability or any other legally protected status.
(e) Except as set forth in Section 2.14(e) of the Company Letter, to the Knowledge of the Company, the Company is not now, and during the three (3) years prior hereto, has not been, charged with or threatened with a charge of violation, or under investigation with respect to a possible violation, of any provision of any law relating to equal employment opportunity and there have been no...
Employment Issues. (a) Section 3.14(a) of the Company Disclosure Schedule sets forth a list of those current Employees of the Company subject to written employment or consulting agreements (collectively, the “Employment Agreements”). A true and correct copy of each Employment Agreement has been made available by the Company to Parent. Other than those agreements listed in Section 3.14(a) of the Company Disclosure Schedule, there are no other agreements or contracts promising employment for a specified term or beyond at will.
(b) The Company is not a party to any collective bargaining agreement, labor contract or other agreement with a body representing any of its employees. The Company is not now, and has never, engaged in any unfair labor practice with respect to any Persons employed by or otherwise performing services primarily for the Company and, to the Knowledge of the Company, there is no unfair labor practice complaint or grievance against the Company by any Person pursuant to the National Labor Relations Act or any comparable state or foreign law pending or threatened in writing, which, if adversely determined, would result in any material liability to the Company, and there have been no claims, inquiries, citations, penalties assessed or other proceedings in respect of the Company which relate to any provision of Law relating to unfair labor practices. There is no labor strike, dispute, slowdown or stoppage pending or, to the Knowledge of the Company, threatened against or affecting the Company.
(c) The Company is in material compliance with all applicable laws, rules and regulations that relate to wages and hours (collectively, “Wage and Hour Laws”) and is not liable for any arrears of wages or any Taxes or penalties for failure to comply with any Wage and Hour Laws. There are no pending audits or governmental investigations in respect of any Wage and Hour Laws.
(d) The Company is in material compliance with all applicable Laws, rules and regulations which relate to discrimination, harassment or retaliation in hiring or employment, including those relating to race, color, religious creed, sex, pregnancy, age, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer), genetic characteristics, sexual orientation, gender identity or expression, marital status, covered veteran or military status, political affiliation, or any other legally-protected characteristic or category and there are no pendin...
Employment Issues. The employees at the Hotels are not represented by any union and, to the knowledge of ShoLodge, have not been solicited with respect to organization or representation by any labor organization or similar body. There are no employment agreements or other labor agreements with respect to any employees at the Hotels. Except as set forth on Exhibit M attached hereto and incorporated herein by this reference, there is not any "employee benefit plan" as defined in ss. 3(3) of the Employment Retirement Income Security Act of 1974, as amended ("ERISA"), nor any stock purchase plan, practice or arrangement, nor any other material benefits, practice or arrangement relating to employees at the Hotels (each such plan, practice or arrangement being referred to as a "Benefit Plan"). ShoLodge is not currently required to contribute to any multi-employer plans (as defined within the meaning of ss. 3(37) of ERISA) for the benefit of the employees of any Hotel, nor has ShoLodge been required to contribute to any multi-employer plans (as defined within the meaning of ss. 3(37) of ERISA) for the benefit of the employees at the Hotels, nor has ShoLodge been required to contribute to any multi-employer plan for the benefit of the employees at the Hotels within the last five (5) years. With respect to each Benefit Plan set forth on Exhibit M, if any, ShoLodge has furnished Prime, to the extent applicable to each Benefit Plan (i) complete and accurate copies of the Benefit Plan, including all amendments, (ii) the most recent determination letter from the Internal Revenue Service, (iii) the most recent actuarial reports, and (iv) all reports of the Benefit Plan required by ERISA and the regulations thereunder. The execution and delivery of this Agreement by ShoLodge and the consummation of the transactions contemplated hereunder (x) do not constitute a prohibited transaction within the meaning of ss. 406 of ERISA or ss. 4975 of the Code, and (y) will not result in any obligation or liability of Prime or ShoLodge to the Pension Benefit Guaranty Corporation in respect of any Benefit Plan.
