waiver

Examples of waiver in the following topics:

• Obama vs. the Lobbyists?

  • Three formal waivers were initially issued in early 2009, out of 800 executive appointments: to William J.
  • Ten additional waivers were announced in September 2009.
  • Not all recent former lobbyists require waivers; those without waivers write letters of recusal stating issues from which they must refrain because of their previous jobs.
  • The Citizens for Responsibility and Ethics in Washington have criticized the administration, claiming that Obama is retreating from his own ethics rules barring lobbyists from working on the issues about which they lobbied during the previous two years by issuing waivers.

• Age Discrimination and Health Act

  • Waivers of ADEA Rights An employer may ask an employee to waive his/her rights or claims under the ADEA either in the settlement of an ADEA administrative or court claim or in connection with an exit incentive program or other employment termination program.
  • However, the ADEA, as amended by OWBPA, sets out specific minimum standards that must be met in order for a waiver to be considered knowing and voluntary and, therefore, valid.
  • Among other requirements, a valid ADEA waiver must: be in writing and be understandable; specifically refer to ADEA rights or claims; not waive rights or claims that may arise in the future; be in exchange for valuable consideration; advise the individual in writing to consult an attorney before signing the waiver; and provide the individual at least 21 days to consider the agreement and at least seven days to revoke the agreement after signing it.

• Franchise Agreements

• Welfare Reform

  • In July 2012, the Department of Health and Human Services released a memo notifying states that they are able to apply for a waiver for the work requirements of the TANF program, but only if states were also able to find credible ways to increase employment by 20%.
  • The waiver would allow states to provide assistance without having to enforce the work component of the program, which currently states that 50 percent of a state's TANF caseload must meet work requirements.

• The Miranda Warning

  • If the defendant asserts his right to remain silent all interrogation must immediately stop and the police may not resume the interrogation unless the police have "scrupulously honored" the defendant's assertion and obtain a valid waiver before resuming the interrogation.
  • If the defendant does reinitiate contact, a valid waiver must be obtained before interrogation may resume.

• Medicaid and Medicare

  • Beginning in the 1990's, many states received waivers from the federal government to create Medicaid managed care programs.

• Employment Levels

  • In Hollywood, for example, those who are waiting for acting jobs also wait on tables in restaurants for pay (while acting in Equity Waiver plays at night for no pay).

• Copyright

  • no breach consented to unless such waiver or consent shall be in
  • writing and signed by the party to be charged with such waiver