Severance pay

“ In the case where the entrepreneur hasn’t enrolled the worker/laborer who has been terminated because of reaching the age of retirement in a pension program then the entrepreneur is required to give to the worker/laborer severance pay as much as 2 (two) times the stipulations in Article 156, clause (2) and employment appreciation pay 1 (one) time the stipulations in Article 156, clause (3) , and right replacement pay according to Article 156, clause (4) . ”

“ Respondent railroad does not quarrel with this interpretation of the statute but insists that the severance pay involved here was not based on seniority and that §§ 8 (b) (B) and (c) are wholly inapplicable to this case.
The term 'seniority' is nowhere defined in the Act, but it derives its content from private employment practices and agreements. This does not mean, however, that employers and unions are empowered by the use of transparent labels and definitions to deprive a veteran of substantial rights guaranteed by the Act. ”

“ Of course, the concern that the employee might tend to favor his former employer would be enhanced by a generous payment, but the absence of any ongoing relationship may mitigate that concern, particularly if other rules disqualify the employee from participating in any matter involving a former employer. Thus, although the policy justifications for § 209 (a) are not wholly inapplicable to unconditional preemployment severance payments, they by no means are as directly implicated as they are in the cases of ongoing salary supplements. ”

“ Employees are expected to give no less than two weeks notice of resignation. An employee who resigns will retain no reinstatement or re-employment rights.
Resignation requested is a category of information on the Personnel Action Form and means termination of employment, for cause, on the initiative of the company. "Mutual Agreement" terminations must be further identified as either discharge due to perfor-mance or disciplinary for purposes of severance pay eligibility (see Guidelines, pp. 10.2 and 10.3 and Severance Pay, pp. 10.4 and 10.5) . ”

“ The termination pension seniority combined with previous seniority for persons having received pension and termination pension, separation pay, severance pay, discharge pay or pension payments shall not exceed the highest standard stipulated in Article 5, Paragraph 2, and extra pay will not be paid to those seniority calculation has reached the maximum, or be compensated according to their seniority. ”

“ The size of the shift differential cannot change the fact that large wages were paid for work in undesirable hours. It i like a differential for dangerous work. This contract called for $2.50 straight time hourly rate for handling explosives. The statutory excess compensation would, of course, be $3.75 per hour. If an employee receives from his employer a high hourly rate of pay for hard or disagreeable duty, he is entitled to the statutory excess compensation figured on his actual pay. ”

“ It is a story that leads us over some strange old trails, and its value lies chiefly in the fact that it illustrates, by means of a personal experience, a well-defined period in the history of the Niagara region. Robert Marsh is hardly an ideal hero, but he is a fair type of a class who contrived greatly to delude themselves, and to pay roundly for their experience. ”

“ In order to avoid a similar double payment, we think that any overtime premium paid, even if for work during the first forty hours of the workweek, may be credited against any obligation to pay statutory excess compensation. ”

“ Where the worker withdraws from the Public Servants Insurance, he/she will receive a compensation for any loss of years of insurance coverage. If the stationed police worker described in the preceding paragraph holds a paid position in a government agency within seven months after the effective date of his/her retirement or severance, that government agency shall collect or deduct from his/her salary the previously received lump sum remuneration and transfer it to the treasury. ”

“ Applicable severance from employment.—The term `applicable severance from employment' means any severance from employment of a covered executive— `` (i) by reason of an involuntary termination of the executive by the employer, or `` (ii) in connection with any bankruptcy, liquidation, or receivership of the employer. `` (C) Coordination and other rules.— `` (i) In general.—If a payment which is treated as a parachute payment by reason of this subsection is also a parachute payment determined without regard to this subsection, this subsection shall not apply to such payment. ”

“ This strike was settled in 1960 when petitioners' union and the railroads entered an agreement which abolished the position of fireman on all diesel tugs. As their part of the bargain the railroads agreed to retain in their employ firemen with 20 years or more seniority who desired to remain, but all firemen with less than 20 years seniority were discharged. To make this settlement more acceptable to the employees, those who were discharged or who did not desire to stay with the railroads were paid a severance or separation allowance based on a formula set out in the agreement. ”

“ But an authority to order reinstatement is not an authority to compel the employer to instate as his employees those whom he has never employed, and an authority to award 'back pay' to reinstated employees, is not an authority to compel payment of wages to applicants for employment whom the employer was never bound to hire. ”

“ We find nothing in the Fair Labor Standards Act to prevent the effective operation of such a release upon the cause of action for liquidated damages more than any other. Section 16 (b) of the Act authorizes the employee to recover liquidated damages from an employer who violates the duty imposed by §§ 6 and 7 of the Act, 29 U.S.C.A. §§ 206, 207, to pay the prescribed minimum and overtime wages. That duty is expressed in §§ 6 and 7 in terms of a command to the employer. ”

“ The union need not gear its wage demands to wages which the weakest units in the industry can afford to pay. Such union conduct is not alone sufficient evidence to maintain a union-employer conspiracy charge under the Sherman Act. ”

“ But we think that the coerced surrender of wages by employees at the instance of a company foreman given authority by his employer to hire and discharge them cannot properly be said to bear no relation to or have no effect upon their contracts of employment, especially where, as here alleged, the surrender of wages was induced by the foreman's express threat to dismiss all employees who did not comply with his demand. Execution of such a threat against employees unwilling to pay would immediately and completely have terminated their employment contracts. ”

“ Where there are no overtime premium payments the rule for determining the regular rate of pay is to divide the wages actually paid by the hours actually worked in any workweek and adjudge additional payment to each individual on that basis for time in excess of forty hours worked for a single employer. ”

“ Acting under the authority of § 10 (c) of the Act, which provides that when an employer has been guilty of an unfair labor practice the Board can 'take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of this Act,' [8] the Board then ordered the company to reinstate the discharged workers to their previous positions and to make them whole for losses resulting from what the Board found to have been the unlawful termination of their employment. ”

“ Furthermore, in determining whether he has met the overtime requirements of section 7 the employer may properly consider as overtime compensation paid by him for the purpose of satisfying these requirements, only the extra amount of compensation-over and above straight time-paid by him as compensation for overtime work that is, for hours worked outside the normal or regular working hours-regardless of whether he is required to pay such compensation by a union or other agreement.' Interpretative Bulletin No. ”

“ A worker is not given 'back pay' by the Board equal to what he would have earned with the employer but for the unlawful discharge but is given that sum less any net earnings during the time between discharge and reinstatement. ”

“ Here there is a specific provision-Section 205 of the Federal Employees Pay Act of 1945 [8] which fixes the ratio of overtime pay to the employees' basic pay. Congress has thus explicitly prescribed that overtime pay should be fixed in a uniform manner for all government wage-board employees, whether seamen or not. Furthermore, in determining the applicability of this uniform statutory requirement, the court will be interpreting the pay regulation of an executive department. This task is typically within the province and expertise of the Court of Claims. ”

“ Grievances depending on severance claims are not critically unlike other types of grievances. Although it is true that the employee asserting the claim will necessarily have accepted his discharge as final, it does not follow that the resolution of his claim can have no effect on future relations between the employer and other employees. ”

“ This necessitates that the workweek be computed on the basis of the hours spent in actual work and that compensation be paid accordingly. And even those employers who pay wages above the minimum and who maintain no substandard working conditions must respect this statutory pattern. Conversely, employees are not to be deprived of the benefits of the Act simply because they are well paid or because they are represented by strong bargaining agents. ”

“ The labourer may apply in all equity that principle to his own case which the landlord and tenant are severally applying to theirs. The severance between employer and employed has of late been developed to an extent never before witnessed in any age, and it threatens, at this moment, to throw a terrific chasm athwart the whole structure of society. ”

“ In 1883 a law on sick funds was passed introducing compulsory insurance, two-thirds of it to be paid by the workmen and one-third by the employer. In the following year came a workmen's compensation act which brought to light the great change of opinion that had taken place since 1871 as to the responsibility of employers in case of accidents, for it enjoined on employers organized in large mutual vocational societies (Berufsgenossenschaften) to pay compensations to men injured at work or to their surviving families in case of fatal accidents. ”

“ Individual workers are to take some comfort, I suppose, in the Court's statement that 'it cannot be said, in the normal situation, that contract grievance procedures are inadequate to protect the interests of an aggrieved employee until the employee has attempted to implement the procedures and found them so.' I think it can be said, however, and I say it. I think an employee is just as capable of trying to enforce payment of his wages or wage substitutes under a collective bargaining agreement as his union, and he certainly is more interested in this effort than any union would likely be. ”

“ The issues brought to this Court by this proceeding arise from a controversy concerning overtime pay and liquidated damages under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq. Under Section 7 (a) , the employer is required to pay for excess hours of work not less than one and one-half times the regular rate. [1] An employer who violates this subsection is liable to his injured employees in the amount due and unpaid and in an additional equal amount as liquidated damages. ”

“ Their employees may, nevertheless, elect to claim compensation, and if it is awarded, an action to recover the amount may be maintained against the employer. Such an action may also be maintained against a self-insuring employer who fails to pay an award.
Should an employer who is subject to the Act fail to pay premiums, or otherwise omit to comply, means are provided to fix civil liability upon him, even to the extent of the appointment of a receiver of his business. ”

“ It returns to the employees what has been taken from them to support an organization not of their free choice and places the burden upon the Company whose unfair labor practices brought about the situation. The deduction of dues from wages under the circumstances of this case is not unlike a loss occasioned by a discriminatory discharge, and an order for the return of those checked-off dues promotes the policies of the Act in substantially the same manner as would a back pay award. ”