Sec. 508. Transition provisions
442 words·~2 min read·
/bill/118/s/5168/is/section-508A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsection (b), all Employment Dispute Resolution Plans affecting an employing unit that are in effect on the date of enactment of this Act shall remain in effect, subject to ordinary modifications, until 1 year after the date of enactment of this Act. If, on the day before the date of enactment of this Act, a covered employee has pursued or could pursue a claim available to the employee under processes outlined in an Employment Dispute Resolution Plan, the employee may complete, or initiate and complete, those processes, and the Employment Dispute Resolution Plan will remain in effect with respect to, and provide the exclusive means for, resolution of that claim until the completion of all such processes.
If a claim by a covered employee arises under section 201, 202, or 203 on or after the date of enactment of this Act but before the effective date specified in section 201(e), 202(d), or 203(e) respectively, the employee may elect to pursue the claim as if the claim had arisen before that date of enactment, pursuant to paragraph (1), or may wait to pursue the claim after the effective date specified in section 201(e), 202(d), or 203(e), respectively. Directors of Workplace Relations currently serving in that role pursuant to an Employment Dispute Resolution Plan shall continue in that role until the earlier of— the appointment of a Director of Workplace Relations for the relevant circuit by the Judicial Integrity Officer; or 1 year after the enactment of this Act.
Employment Dispute Resolution Coordinators currently serving in that role pursuant to an Employment Dispute Resolution Plan will continue to serve in that role until the earlier of— the appointment of an Employee Dispute Resolution Coordinator for the relevant court by a Director of Workplace Relations appointed under this Act; or 1 year after the enactment of this Act. Nothing in this subsection shall prevent— a Director of Workplace Relations or Employment Dispute Resolution Coordinator from being appointed, removed, or replaced until the conditions specified in paragraphs
(1)or
(2)are satisfied; the appointment of an individual currently serving as a Director of Workplace Relations to the role of Director of Workplace Relations under this Act by the Judicial Integrity Officer; or the appointment of an individual currently serving as an Employment Dispute Resolution Coordinator to the role of Employee Dispute Resolution Coordinator under this Act by the relevant Director of Workplace Relations. In this section, the term Employment Dispute Resolution Plan means an Employment Dispute Resolution Plan established under the Federal Judiciary Model Employment Dispute Resolution Plan adopted by the Judicial Conference of the United States in September 2018, or a successor plan.