In the United States, Social Security is the commonly used term for the federal Old-Age, Survivors, and Disability Insurance (OASDI) program and is administered by the Social Security Administration. The original Social Security Act was signed into law by Franklin D. Roosevelt in 1935, and the current version of the Act, as amended, encompasses several social welfare and social insurance programs.
Unemployment benefits, also called unemployment insurance, unemployment payment, unemployment compensation, or simply unemployment, are payments made by authorized bodies to unemployed people. In the United States, benefits are funded by a compulsory governmental insurance system, not taxes on individual citizens. Depending on the jurisdiction and the status of the person, those sums may be small, covering only basic needs, or may compensate the lost time proportionally to the previous earned salary.
California State Disability Insurance is a statutory state disability program of the State of California for short-term disability income replacement. The program has been in effect since 1946.
The U.S. Railroad Retirement Board (RRB) is an independent agency in the executive branch of the United States government created in 1935 to administer a social insurance program providing retirement benefits to the country's railroad workers.
Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide monthly benefits to people who have a medically-determinable disability that restricts their ability to be employed. SSDI does not provide partial or temporary benefits but rather pays only full benefits and only pays benefits in cases in which the disability is "expected to last at least one year or result in death." Relative to disability programs in other countries in the Organisation for Economic Co-operation and Development (OECD), the SSDI program in the United States has strict requirements regarding eligibility.
Geduldig v. Aiello, 417 U.S. 484 (1974), was an equal protection case in the United States in which the Supreme Court of the United States ruled on whether unfavorable treatment to pregnant women could count as sex discrimination. It held that the denial of insurance benefits for work loss resulting from a normal pregnancy did not violate the Fourteenth Amendment. The California insurance program at issue did not exclude workers from eligibility based on sex but excluded pregnancy from a list of compensable disabilities. The majority found that even though only women would be directly affected by the administrative decision, the classification of normal pregnancy as non-compensable was not a sex-based classification and so the court would defer to the state so long as it could provide a rational basis for its categorization.
In California, the Employment Development Department (EDD) is a department of government that administers the Unemployment Insurance (UI), Disability Insurance (DI), and Paid Family Leave (PFL) programs. The department also provides employment service programs and collects the state's labor market information and employment data. The department is one of California's three major taxation agencies, alongside California Department of Tax and Fee Administration and the Franchise Tax Board; in addition to collecting unemployment insurance taxes, the Department administers the reporting, collection, and enforcement of the state's personal income taxes.
The New York State Department of Labor is the department of the New York state government that enforces labor law and administers unemployment benefits.
The California State Personnel Board (SPB), one of California's constitutional offices, is one of the California agencies responsible for administration of the merit-based civil service employment system for California state agencies, the other being the California Department of Human Resources. The board sets and enforces rules for state civil service appointments and exams, and maintains a staff of administrative law judges to resolve various human resources issues, such as whistleblower complaints, disability and medical condition discrimination complaints including reasonable accommodation denials and appeals from unfavorable human resources decisions. Appeals from the Board's administrative law department are heard by the Board itself.
Courts of California include:
The California Labor Code, more formally known as "the Labor Code", is a collection of civil law statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of the State of California. The stated goal of the Department of Industrial Relations is to promote and develop the welfare of the wage earners of California, to improve their working conditions and to advance their opportunities for profitable employment."
The Virginia Workers' Compensation Commission (VWC) is an agency of the U.S. state of Virginia that oversees the resolution of workers' compensation claims brought in that state, in accordance with the Virginia Workers' Compensation Act. The Commission has exclusive jurisdiction to adjudicate such claims. Its decisions may be appealed to the Virginia Court of Appeals. The Commission is led by a Senior Leadership team consisting of three Commissioners, an Executive Director and a Chief Deputy Commissioner. The Commissioners are appointed by the Virginia General Assembly and serve staggered six-year terms. Honorable Robert A. Rapaport, Honorable Wesley G. Marshall and Honorable R. Ferrell Newman currently serve as Commissioners. The Commissioners elect a Chairman for a term of three years. Commissioner Rapaport currently serves as Chairman. Ms. Evelyn McGill is the Commission’s Executive Director and Honorable James J. Szablewicz is the Commission’s Chief Deputy Commissioner. The Commission is headquartered in Richmond, Virginia, and has offices and hearing locations at various places around the state.
An unemployment extension occurs when regular unemployment benefits are exhausted and extended for additional weeks. Unemployment extensions are created by passing new legislation at the federal level, often referred to as an "unemployment extension bill". This new legislation is introduced and passed during times of high or above average unemployment rates. Unemployment extensions are set during a date range in order to estimate their federal cost. After expiration, the unemployment data is re-evaluated, and new legislation may be proposed and passed to further extend them.
The Board of Veterans' Appeals (BVA) is an administrative tribunal within the United States Department of Veterans Affairs (VA), located in Washington, D.C. It determines whether U.S. military veterans are entitled to claimed veterans' benefits and services. The Board's mission is to conduct hearings and decide appeals properly before the Board in a timely manner. The Board's jurisdiction extends to all questions in matters involving a decision by the Secretary under a law that affects a provision of benefits by the Secretary to Veterans, their dependents, or their Survivors. Final decision on such appeals are made by the Board based on the entire record in the proceedings and upon consideration of all evidence and applicable provisions of law and regulation. The Board's review is de novo.
Unemployment insurance in the United States, colloquially referred to as unemployment benefits, refers to social insurance programs which replace a portion of wages for individuals during unemployment. The first unemployment insurance program in the U.S. was created in Wisconsin in 1932, and the federal Social Security Act of 1935 created programs nationwide that are administered by state governments. The constitutionality of the program was upheld by the Supreme Court in 1937.
Dynamex Operations W. v. Superior Court and Charles Lee, Real Party in Interest, 4 Cal.5th 903 was a landmark case handed down by the California Supreme Court on April 30, 2018. A class of drivers for a same-day delivery company, Dynamex, claimed that they were misclassified as independent contractors and thus unlawfully deprived of employment protections under California’s wage orders. Their claims raised the question of what the appropriate standard was to determine whether workers should be classified as employees or as independent contractors under California’s wage orders.
The writ of mandate is a type of extraordinary writ in the U.S. state of California. In California, certain writs are used by the superior courts, courts of appeal and the Supreme Court to command lower bodies, including both courts and administrative agencies, to do or not to do certain things. A writ of mandate may be granted by a court as an order to an inferior tribunal, corporation, board or person, both public and private. Unlike the federal court system, where interlocutory appeals may be taken on a permissive basis and mandamus are usually used to contest recusal decisions, the writ of mandate in California is not restricted to purely ministerial tasks, but can be used to correct any legal error by the trial court. Nonetheless, ordinary writ relief in the Court of Appeal is rarely granted.
The California Alcoholic Beverage Control Appeals Board is a quasi-judicial administrative court and constitutional office in the U.S. state of California. The Board hears appeals from final decisions of the Department of Alcoholic Beverage Control regarding the issuance of alcoholic beverage licenses, license conditions, protests against the issuance of licenses, and violations of law by licensees. The Board was founded in 1954 together with the Department; as required by the California Constitution, its members are selected by the Governor of California and confirmed by the California State Senate by a majority vote, and each newly appointed member must be from a different county than the other two at the time of their initial appointment.
The Arkansas Appeal Tribunal is a state agency of the Government of Arkansas. Persons unsatisfied with unemployment insurance (UI) determinations issued by the Arkansas Division of Workforce Services may appeal to the Arkansas Appeal Tribunal within 20 days. The Tribunal holds hearings.
