The Employment Rights Section focuses on all aspects of employment and labor law including Title VII, ADA, ADEA, FMLA, FLSA, and wrongful discharge cases.
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Free CLE Reference Materials
Free resource: Opening Statements in Employment Cases, by Maureen S. Binetti, Woodbridge, NJ . This paper, available free to members of the Employment Rights Section, was presented at the 2008 AAJ Annual Convention in Philadelphia. Copyright © 2008 American Association for Justice. Further reproduction of any kind is prohibited. For more information, call AAJ Education at 800.622.1791.
NAME AND PURPOSE
Section 1. This Section shall be known as the Employment Rights Section of the American Association for Justice (AAJ).
Section 2. The purpose of this Section is to promote the objectives of AAJ within the field designated by the name of the Section and to that end to research, study, and thereafter educate the membership with respect to available legal remedies; to protect employees and provide legal redress to individuals and classes harmed by the acts of employers or by unsafe conditions in the work place; to help guarantee access to places of employment; to oppose invasion of employee's rights to equal opportunity; in coordination with and subject to the approval of AAJ's Board of Governors and Public Affairs Department, to support legislation designated for the protection of employee rights and oppose legislation which terminates those rights; and to present programs of continuing legal education in regard to the role of the lawyer and the law in the protection of employees.
Section 3. The Policies and Procedures published by AAJ for Litigation Groups and Sections as promulgated and as duly amended by AAJ are incorporated herein by reference and the Section shall operate in full conformity with these policies and procedures.
Section 1. Every member of AAJ shall be eligible for membership in the Employment Rights Section.
Section 2. Every member of AAJ in good standing shall, upon making application and paying the applicable dues, be made a member of the Employment Rights Section. Law Students and Legal Service Attorneys and Paralegals, as adjunct members, may be exempt from paying Section dues or may pay reduced dues pursuant to guidelines established by the Executive Committee.
Section 1. The officers of this Section shall be a Chairperson, a Chairperson-Elect, a First Vice-Chairperson, a Second Vice-Chairperson, a Secretary, and a Treasurer.
Section 2. The officers shall be nominated and elected in the manner hereinafter provided at such annual meeting of the Section to hold office for the term of one year or until their successors shall have been elected at the Section's meeting at the AAJ Annual Convention.
Section 3. No Chairperson of this Section shall succeed beyond a two year term and shall not thereafter serve as Chairperson until at least two years have expired since his/her last term as Chairperson.
Section 1. The Executive Committee shall consist of the officers of the Section, the immediate past-Chairperson, the chairpersons of each standing committee of the Section, a liaison member who shall also be a member of the AAJ Board of Governors (any committee member may fill this joint seat), and such others as the chair appoints.
Section 2. The Executive Committee shall be the governing body of the Section and shall exercise general supervision and control of the affairs of the Section. The Executive Committee shall delegate to the officers of the Section the responsibility to carry out the day-to-day operations of the Section and shall delegate to the committees of the Section the power necessary to carry out their functions. The Executive Committee may delegate whatever additional functions it may determine to the Officers of the Section.
Section 3. The Executive Committee shall retain the right to authorize any expenditure of Section funds; following approval of AAJ's Board of Governors, to authorize any public statement in the name of the Section; to create or abolish committees, to remove any officer, committee chairperson or Section member upon a 2/3 vote of the entire membership of the Executive Committee, and to carry out such other functions as are necessary for the fair and efficient operation of the Section.
Section 4. The majority of the Executive Committee shall constitute a quorum for the transaction of business at meetings thereof. Because of distances which may be involved, meetings and voting of the Executive Committee, other than at the annual meeting, may be in person or by conference telephone call. Such conference telephone call votes will be recorded by the Secretary and duly entered upon the minutes, with a copy of such minutes being sent to all the Committee members. Unless otherwise specified in these bylaws, the Executive Committee shall act upon the majority vote of the members present at a duly authorized meeting. The Executive Committee shall meet at least four times each year prior to the annual meeting of the Section and during the annual convention of AAJ.
Section 5. The Chairperson of the Section shall be the Chairperson of the Executive Committee but shall only have one vote on the Executive Committee.
Section 1. Standing Committees devoted to continuing issues related to the operation of the Section shall be established by these bylaws. Additional Standing Committees may be created or existing committees eliminated by the Executive Committee. The following Standing Committees are hereby established:
a. Membership and Dues
c. Education & Long Range Planning
d. Liaison with Other Sections
e. Policy & Legislation
Section 2. Ad Hoc Committees may be established from time to time by the Chairperson of the Section for the purpose of focusing on issues of generic concern to the members of the Section in their law practices.
Section 3. Membership in a committee shall be open to any interested Section member.
Section 4. The Chairperson of the Section shall appoint the chair of each committee at the annual convention or as soon thereafter as practical.
ELECTION OF OFFICERS
Section 1. Election of officers for the Section shall be undertaken during the Annual Convention of AAJ in accordance with the AAJ Section Election Rules as directed by the Bylaws of AAJ.
Section 2. Only those members of AAJ who are in good standing and who have applied for membership in the Section sixty (60) days or more prior to the registration date of the Annual Convention of AAJ shall be eligible to vote at the Annual Meeting of this Section. There shall be no voting by proxy.
Section 3. The Chairperson of the Section shall have the power to fill vacancies among the officers by appointment, such appointee serving until the next Annual Meeting of the Section at the Annual Convention of AAJ.
The Executive Committee shall have the power to establish and set membership dues as necessary for the operation of the Section and the furtherance of its goals, subject to the approval of the AAJ Board of Governors and in accordance with the AAJ Budget Procedures.
DUTIES OF OFFICERS
Section 1. Chairperson: The Chairperson shall serve on the Executive Committee of the Section and shall be the chief executive officer of the Section during his/her term of office and shall preside at all meetings of the Section and the Executive Committee. The Chairperson may appoint such regional Chairperson as he/she deems necessary and proper to carry out the affairs of the Section within each region.
Section 2. Chairperson-Elect: The Chairperson-Elect shall act in the absence of the Chairperson and shall perform such duties and responsibilities as delegated by the Chairperson.
Section 3. First and Second Vice-Chairpersons: The First and Second Vice-Chairpersons shall act in the absence of the Chairperson-Elect and shall perform such duties and responsibilities as delegated by the Chairperson.
Section 4. Secretary: The Secretary, or an alternate designated by the Chairperson, shall be present at all meetings of the Section and shall record and keep minutes of all the Section meetings. The Secretary shall be the custodian of all books, papers, documents and other property of the Section, subject to the general supervision of the Chairperson of the Section and the Secretary of AAJ.
Section 5. The Treasurer shall keep appropriate records of the receipts of the Section and shall be responsible for such funds, together with such other funds as may come into the possession of the Section by allocation from the Board of Governors of AAJ or from any other sources. He/she shall be responsible for accounting for such funds together with the designated AAJ staff person who shall deposit such funds with such banking institution as may be designated by the AAJ staff. He/she shall annually account to the membership for the income and disbursements such funds.
Section 1. The regular annual meeting of the Section shall be held each year during the AAJ Annual Convention.
Section 2. The Chairperson shall call at least four meetings, during the year between annual meetings, of the Executive Committee and may call special meetings of the Executive Committee at such times as he/she considers necessary for the proper conduct of the affairs of the Section.
Section 3. The Executive Committee may call special meeting(s) of the Section at such times as it considers necessary for the proper conduct of the affairs of the Section.
BYLAWS AND AMENDMENTS
Section 1. These bylaws shall become effective upon approval of the Board of Governors of AAJ.
Section 2. These bylaws may be amended at the annual meeting of the Section, by a two-thirds vote of the members present, which amendments, however, shall take effect only upon approval by the Board of Governors of AAJ.
Section 3. All amendments must be offered to the Chairperson and Secretary of the Section in writing not less than sixty (60) days prior to the annual meeting of the Section and shall be circulated in printed form to those who register for the annual meeting of AAJ at the expense of the person offering the amendment.
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