Content Related To 'employment-law'

Jones Act

Lea en español The Jones Act regulates the shipping industry and provides remedies not found in general maritime law. It provides certain relief from employers for injuries suffered by seamen because of negligence. Damages and Negligence Courts have interpreted the act to cover future lost wages, living expenses, current and future medical care, and pain […]

Americans with Disabilities Act

Lea en español The Americans with Disabilities Act protects job applicants and employees who either: have a physical or mental impairment that substantially limits a major life activity, had such an impairment in the past but no longer do, do not have but are assumed to have such an impairment. Any applicant or employee who […]

Information for Employers

Lea en español Employment discrimination occurs when an employer singles out an employee because of that employee’s characteristics or traits, such as age, race, gender, religious preference or disability. Such discrimination occurs in many forms but is most common in the areas of termination, promotion, wages and harassment. Employment discrimination, under most circumstances, is illegal […]

Other Types of Discrimination

Lea en español Equal Pay Several laws entitle workers who perform “substantially equal” work to be paid equally. The Equal Pay Act of 1963 applies only to equal pay regarding sex. Other laws, such as Title VII, the Age Discrimination in Employment Act and the Americans with Disabilities Act, prohibit discrimination in pay regarding any […]

Common Discrimination Claims

Lea en español On average, approximately 80,000 discrimination claims are filed each year nationwide. The majority involves discrimination based on race, age, disability or gender. Race Title VII of the Civil Rights Act of 1964 protects individuals from discrimination based on race. It applies to employers with 15 or more employees, and every race is […]

Job Termination

Lea en español Protecting Yourself from the Loss of Your Job There are two ways individuals can be classified when referring to employment: “at–will” or “contract.” The “at–will employee” doctrine holds that the employees without a contract can have their employment terminated by either party, at any time, for any reason, with or without notice, […]

Labor and Employment Law

Websites General Employment Law Information Network – Gateway site offering federal and state law articles, case summaries, forms and contracts, HR documents, and a weekly newsletter. Employment, Labor, and Pension Law – List of employment law sites from the‘Lectric Law Library. Labor issues Unions.org – Directory of unions and union resources (e.g., creating union contracts). […]

The Laws Governing Pensions

Lea en español There are no laws that require companies to provide retirement benefits. However, if a company chooses to offer pension benefits to its employees, it must abide by the provisions of the Employee Retirement Income Security Act, known as “ERISA.” ERISA contains comprehensive requirements for employers who provide “qualified plans.” The law: Requires […]

Equal Employment Opportunity Commission

Lea en espanol The Equal Employment Opportunity Commission enforces federal laws prohibiting workplace discrimination. The EEOC was created by the Civil Rights Act of 1964. The employment section of the act, known as Title VII, prohibits discrimination based on race, color, national origin, sex or religion and also prohibits employers from retaliating against any employee […]

Minimum Wage

Lea en español Your Rights under the Minimum Wage Laws Congress first established a national minimum wage under the Fair Labor Standards Act in 1938, a comprehensive federal law that also includes provisions for overtime pay, record keeping requirements and child labor regulations. Initially enacted to stabilize the post-depression, the federal minimum wage law remains […]

Labor Law

Lea en español An Overview of Your Rights under Federal Labor Law Since the early 20th century, Congress has continued to enact legislation to protect the rights of workers in their dealings with employers. Recognizing that most workers did not have equal bargaining power with management, and that many workers suffered as a result, Congress […]

Collective Bargaining

Lea en español Collective bargaining consists of negotiations between an employer and a group of employees so as to determine the conditions of employment. The result of collective bargaining procedures is a collective agreement. Employees are often represented in bargaining by a union or other labor organization. Collective bargaining is governed by federal and state […]

Workplace Safety

Lea en español The Occupational Health and Safety Act In 1970, Congress enacted the Occupational Health and Safety Act, establishing laws to govern health and safety in the private sector, as well as the federal government. The act mandates that qualified employers maintain work environments that are free of specific hazards, including toxic chemicals, mechanical […]

Workers’ Compensation

Lea en español In every state, legislatures have enacted workers’ compensation legislation, designed to be the primary process for recovering monetary damages for losses caused by injuries suffered on the job. The workers’ compensation process is viewed as a trade-off of sorts. All workers’ compensation programs establish fixed dollar amounts to be paid, based on […]

Federal and State FMLA Laws

Lea en español Federal Versus State Laws Addressing Family Leave When taking FMLA leave, employees should first be sure they and their employers are covered by the act. Next, employees should consult with a local attorney to determine how any state family-leave laws affect their rights under the FMLA, which is a federal law. State […]

Definitions and Sources

Lea en español The Labor Department has provided the following FMLA general definitions. Employee benefits: Benefits provided or available to employees, such as health, life and disability insurance; sick leave; educational reimbursement; and pensions. Health care provider: A doctor licensed to practice medicine or surgery by the state and any other person determined capable of […]

Employer and Employee Responsibilities

Lea en español Employer Responsibilities The employer must provide the employee with a timely and definite determination of whether the employee is covered by the FMLA. The employer must tell the employee if he or she may combine paid leave with unpaid leave. Under the FMLA, the employer must provide the employee or someone acting […]

Hiring Process

Lea en español Protecting Your Legal Rights During the Hiring Process Applicants are protected by legal rights long before they become employees. Under state, federal, and some local laws, potential employees have extensive protections during the job application and hiring process. Depending on a variety of factors, including the way the job is advertised, whether […]

Hiring Resources and Definitions

Lea en español Related GetLegal.TV Videos Click here for more employment law videos Adverse Impact: Employee tests that tend to favor one group of (prospective) employees over another create an adverse impact on the disfavored group. In order to justify the use of such tests, they must be job-related and there must be a business […]

Employment Screening and Employment Advertising

Lea en español Job Advertising and Applicant Screening Related GetLegal.TV Videos Click here for more employment law videos Employers must carefully choose employees from the right job pools. Doing so will not only net the best employees but also help employers avoid costly claims of workplace discrimination. Advertising in Proper Job-Applicant Pools Before employers can […]

Employment Discrimination

Lea en español Discrimination on the Job—An Overview The laws governing discrimination in the workplace are based on both constitutional prohibitions, and on state and federal statutes. As a general rule, discrimination is defined as the practice of treating a group of people differently. The U.S. Supreme Court has established certain tests for determining whether […]

Employment Law

Lea en español Your job is more than just a way to pay your bills. If you are like many of us, your job is a means for you to provide for your family and is where you spend most of your time when you are not at home. So, it is important that your […]