Archive for the 'Employment Law' Category

Although running a business can be a lot of fun, there are also certain challenges you will need to face. Employment law for business is one of them. If you happen to be a sole owner, then employment law for business may not be right on the top of your list of priorities to address, but if you have workers, then knowing employment law for business is imperative.

Employment law for business covers a wide range of subjects, many that you may not even know you need to be aware of – until you run afoul of something critical. One such area of employment law for business that is often fraught with difficulties is disability employment/resources. Now, there are two ways to look at this. One is you need to have your business accessible to everyone who wishes to enter, and the other is hiring in this area.

We’ll look at hiring in this area. If you’re not certain where to start hiring and have questions, then you can certainly contact the US Business Leadership Network. It represents over 5,000 employers and one of their imperatives is to include people with disabilities in the workforce. They accomplish this by mentoring business-to-business and creating jobs for those with a disability.

Since this is a very sensitive area, it is critical you know the ins and outs of employment law for business as it relates to discrimination on the basis of disability. For those who are disabled and who feel they have been discriminated against, there are several things you can do. Knowing both sides of employment law for business can come in very handy if you are contemplating filing a complaint.

If you are thinking about filing a complaint, then you must be sure the discrimination is related to hiring, accommodations, training, promotion, benefits or dismissal. There are other areas, but these are the most common ones that surface frequently.

Violations might be related to hiring, reasonable accommodations, training, advancement, benefits, or dismissal, or a range of other employment-related issues. If you think you have reason to file a complaint then first of all research the laws that pertain to the area you think you may have a complaint in. You may ask for assistance to do this, as it may not be as clear as you’d like. There are laws that cover public sector employers and those that cover private sector employers. You will also find the timelines for filing claims in the various acts. So don’t delay.

Your next step according to employment law for business is to try and resolve your situation at the lowest level first. Find out if your employer has a conflict resolution policy for internal disputes. Many do, and would rather use Alternate Dispute Resolution procedures to avoid costly, time-consuming legal action.

Ohio employment law seems to be a bit of a mare’s nest in terms of having definitive parameters. For instance, voters approved an amendment to the constitution to increase the minimum wage to $6.85 per hour. Also, under the amendment, Ohio employment law deems that employers set up and maintain detailed payroll records for each employee.
This Ohio employment law requirement did not go over very well with the business community, who felt the law was way overboard and a major pain in the butt. Politicians stepped in and fixed it. Or rather made Ohio employment law even vaguer by narrowing some of the amendments. This will most certainly result in constitutional challenges.
One of the tricky areas in Ohio employment law is the definition of who an employee is for the Ohio Wage and Hour Law. Now, you’d think that might be a no brainer, but there are workers under the age of 16. Basically, all employees in the state are to be paid the new minimum wage – with exemptions being those under 16, employees who are tipped and family members working in a family business (makes you think twice about working for your family doesn’t it?)
The bill brought in by the politicians narrowed the definition of an employee even further and excluded some of the following people from the minimum wage requirements: outside sales people, live-in companions, newspaper delivery persons, camp counselors etc. Bottom line is it messed things up even further for Ohio employment law.
A few other changes were also brought in. Under Ohio employment law employers MUST give all new employees their name, address, phone number, web address, email, and fax – among other things. Rather like overkill isn’t it? People need to get this information on their first day of work. And, if the company moves, all the workers must be told within 60 days of any and all changes. They can tell them in a variety of ways such as stuffing a pay envelope or posting on a bulletin board.
Strict payroll records must be kept in a conspicuous place for workers to access, and to be able to do so at no charge. Tricky area here is Ohio employment law doesn’t limit the request to see these records to just the record of the worker. Theoretically they could ask for anybodies records, even the boss.
The good news in this area of employment law is that the bill the politicians dragged into inception does narrow the amount of information that can be requested and who may request it.

Employment law solicitors are usually, but not always, found in the United Kingdom where they have two types of legal representatives. Employment law solicitors, who contact and advise clients and barristers who argue cases in court. In instances where a trial is necessary a plaintiff has to hire a solicitor, who will advise him and then retain a barrister on his behalf. And you thought the employment laws in the US were complex?

Employment law solicitors deal with a great number of rather interesting situations in the course of their work. One of those situations is sex in the workplace. Really? Stranger things have happened one imagines. Actually, having sex at work isn’t a criminal offence, not if both parties consented to it, it’s not a homosexual act and it’s not in public. Really, who thinks of these things?

That aside, an employer would be well within their rights to bring disciplinary action and consult with employment law solicitors about the contract of employment. Why? That particular document might have a clause in it that states something about use of the company property. If the office was used in such a manner, then employment law solicitors can advise the employer to issue a verbal and/or written warning or possibly dismiss the offending parties. By the way, if it happens that there isn’t such a clause, employment law solicitors can still advocate that the employees committed gross misconduct and be disciplined.

If you happen to have been fired from your employment for having sex in the office, you do have the choice to take your case to an employment tribunal. You might want to think long and hard about that decision though, because employment tribunals are open to the press and public. There aren’t many people who would really want the whole world to know they were committing such an indiscretion on the job.

Another interesting area dealt with by employment law solicitors is something called garden leave – or put another way, a worker is told to serve out a period of notice at home, with pay and benefits. This usually happens if they were higher ups in a company with access to lots of sensitive information, and they are leaving to join the competition. This employee is prohibited from commencing new employment until the garden leave has expired.
Employment law solicitors run across this practice quite frequently and it is best that such a clause is actually in the original contract of employment. The case law in this area clearly states that even a clear garden leave clause will only be enforced to the extent that it is reasonable. So if you find yourself on garden leave, it’s best to find yourself a good solicitor to advise you on how to proceed.

Without a doubt employment law can be a major pain in the butt if you happen to be on the wrong end of a “situation” with your employer. Knowing what areas of employment law apply to you, or may apply to you, is the best way to cover that butt in the worse case scenario.

Most often the type of employment law that would apply to you would be the area of human resources employment law. This is a fairly broad area and covers things from absenteeism to workplace violence. The hottest area of employment law right now is the ban on smoking in more and more areas across the country. Don’t make the mistake of thinking all the smoking bans are the same. They are not and therein is the rub. In the past year, 9 states (total now 23) have passed new laws restricting smoking in public places. And your workplace is considered to be public.

You need to know the employment law that applies to you in the state you live in, so you don’t run afoul of it. Do your research carefully, because in many cases there are even differences between state and local laws and even city to city. For example: in California smoking has been banned in workplaces since 1995. In Louisiana, their ban (put in place January 2007) exempts several categories of businesses. Are you in one of those categories? Checking out the employment law for your location will keep you out of hot water, inside your place of business and in other locations as well.
Wait, it gets worse. Many states that don’t have smoking bans do however have one or more municipalities that have implemented them for public locations and businesses. Here are some interesting figures to contemplate. As of 2007 there are at least 2,507 municipalities with public smoking bans. Out of this 2,507 there are 570 (give or take) municipalities that require a 100 percent free smoke workplace.
Here is another example. Illinois has no statewide public smoking ban. However, Chicago and Cook County and 37 other cities and counties do have bans. As well, Texas doesn’t have a statewide ban, but Austin, Dallas, Houston, San Antonio plus over 20 other municipalities do.
Employment law can be the epitome of idiosyncrasies and if you don’t take the time to read the fine print, you could find yourself in hot water. Another for instance to point out the differences from place to place, are laws that exclude business that sell tobacco or alcohol, etc. It’s confusing to say the least. But, better safe than lighting up someplace that’s going to slap you with fines.

Employment discrimination law quite simply prohibits discrimination on the basis of a number of things, but in this article we will be talking about disabilities. The major act that covers this area is called the American with Disabilites Act and it clearly defines who is protected by law and what illegal discrimination is.
Employment discrimination law in the disabilites arena isn’t easy law to practise, as there are (as with just about every other area of law in this discipline) so many variations on what each supposed definition means. Even just starting with the definition of who is an individual with a disability under employment discrimination law. Supposedly, a person with a disability is one who has a physical/mental impairment that really limits one or more of life’s major activities etc. Major life activities are defined as things an average person can do without too much difficulty – walking, breathing, seeing, hearing, working, etc.
Under employment discrimination law you must look to the definition of what a qualified person with a disability is. They must be someone first and foremost that has the necessary skills, education or job experience and who can perform the work in question. The next component of this requirement is that they can perform the job with or without reasonable accommodation.
What is reasonable accomodation defined as under employment discrimination law? It can include making facilities accessible for people with disabilities, job restructing, a modified work timetable, extra unpaid leave, modifying equipment/devices and/or having qualified readers/interpreters on hand. As an employer complying with employment discrimination law, you are not required to lower production standards to make an accommodation, nor are you expected to provide personal use items (eyeglasses, hearing aids etc.)
Now having discussed accommodation provisions, there is a sort of exemption built into this area for employers. Although they are required to make reasonable accommodations for a qualified candidate, they are not obligated to do that if it would cause undue hardship on the operation of the employer’s business.
So in effect, undue hardship means something that causes significant difficulty or exprense when compared to things like the size of the business, their financial status and its operation/structure. This unfortunately seems to have the earmarks of a loophole that could be used by employers to subtly discriminate.
No matter what the reasons you feel you have been discriminated against, it is important to always check the existing statutes and case law prior to making a final decision on whether or not to file a complaint.

Employment law solicitors are usually, but not always, found in the United Kingdom where they have two types of legal representatives. Employment law solicitors, who contact and advise clients and barristers who argue cases in court. In instances where a trial is necessary a plaintiff has to hire a solicitor, who will advise him and then retain a barrister on his behalf. And you thought the employment laws in the US were complex?

Employment law solicitors deal with a great number of rather interesting situations in the course of their work. One of those situations is sex in the workplace. Really? Stranger things have happened one imagines. Actually, having sex at work isn’t a criminal offence, not if both parties consented to it, it’s not a homosexual act and it’s not in public. Really, who thinks of these things?

That aside, an employer would be well within their rights to bring disciplinary action and consult with employment law solicitors about the contract of employment. Why? That particular document might have a clause in it that states something about use of the company property. If the office was used in such a manner, then employment law solicitors can advise the employer to issue a verbal and/or written warning or possibly dismiss the offending parties. By the way, if it happens that there isn’t such a clause, employment law solicitors can still advocate that the employees committed gross misconduct and be disciplined.

If you happen to have been fired from your employment for having sex in the office, you do have the choice to take your case to an employment tribunal. You might want to think long and hard about that decision though, because employment tribunals are open to the press and public. There aren’t many people who would really want the whole world to know they were committing such an indiscretion on the job.

Another interesting area dealt with by employment law solicitors is something called garden leave – or put another way, a worker is told to serve out a period of notice at home, with pay and benefits. This usually happens if they were higher ups in a company with access to lots of sensitive information, and they are leaving to join the competition. This employee is prohibited from commencing new employment until the garden leave has expired.
Employment law solicitors run across this practice quite frequently and it is best that such a clause is actually in the original contract of employment. The case law in this area clearly states that even a clear garden leave clause will only be enforced to the extent that it is reasonable. So if you find yourself on garden leave, it’s best to find yourself a good solicitor to advise you on how to proceed.

Did you know that thanks to California employment law and the backing of the current Governor, California will have the highest hourly rate of pay in the USA starting January 1, 2008? California employment law will then dictate that a worker’s minimum wage will be $8.00 an hour, up from $7.50 an hour.

In addition, workers under California employment law provisions will also receive an increase in meal and lodging credits by the same percentage as the minimum wage increases. Be aware though, that under employers governed by California employment law, they can use the increased amounts for meals and lodging to count against minimum wage when they provide workers with meals/lodging. Unfortunately, if you are a federal employee and work outside California, your wage remains at $5.15/hour. That bites!

The hottest issue in California employment law is the payment of overtime. This is an area of California employment law that is pretty much akin to stepping on a landmine. Why? Because there are two classes of workers under California employment law – exempt and non-exempt – and failure to know the difference can cost business big bucks. If an employee entitled to overtime is treated as exempt, they could be eligible to a nice chunk of change for overtime pay once the dust settles.

Is there a difference when paying an exempt versus non-exempt worker? Under California employment law, a non-exempt worker is subject to all pay rules set up by the Industrial Welfare Commission – that includes overtime. In other words, a non-exempt employee must be paid all overtime hours worked.

If you are in doubt as to what category your workers fall into, check California employment law codes and regs for the answer. If it still isn’t clear, then call the Department of Labor. In general to be an exempt employee it would depend on the level of responsibility they have, or their professional status. This doesn’t have anything to do with their job title, or whether or not they get a salary or and hourly wage.

As a general rule of thumb, employees considered to be exempt under the law are licensed professionals.  E.g. doctors, lawyers, architects, engineers, and certified public accountants. Also exempt are managers who hire, fire, and train, and spend less than 50 percent of their time performing the same duties as their employees
The other two categories considered to be exempt are outside sales reps and those who create/formulate business policies for their organizations. Again, if you have any questions about exempt versus non-exempt employees and how to make sure they are paid according to the law, check with the nearest Department of Labor office. Save yourself some time and grief in the long run.

Labor employment law covers a wide range of subjects and topics. In fact, it is so vast there are usually an endless number of questions to be asked about labor employment law by people needing to know where they stand within the system.

What about offensive comments at work? Where does someone stand under labor employment law in this situation, are they protected by the First Amendment or not? Unfortunately, the answer isn’t always that clear and it may be interpreted on a case-by-case basis by the courts. The bottom line is the United States Supreme Court will have to eventually decide how to balance an employee’s right to freedom of expression under the First Amendment against another employee’s right to be free from harassment at work. That’s tough labor employment law in the making.

Another aspect of labor employment law is the infamous employee personnel file. It’s yours, but can you actually see it? It usually has your job application, resume, reference letters, salary history, vacation and attendance records, performance appraisals, test results, disciplinary notices and commendations. It could also have tax documents, but it should not contain medical information.

Can you read your file? Yes, no and maybe. It depends on the state you live in. Even though the file contains your information, the employer owns it and they can decide if you can look at it, and under what conditions. Most states allow the company to prevent you from removing the file, even for copying. So if you want to see your personnel file, check the labor employment law in your state to see if you can and under what circumstances.

Speaking of personnel files, the definition of personnel files is really broad right across the board. However, ANY document that pertains to your employment is a personnel record, even if it isn’t kept in your personnel file. So what can you see? Usually you can read memos your supervisor has written about your performance (even if those documents are in a separate file). You might not be able to see records relating to management planning, criminal investigations or civil proceedings. However, if you happen to be in that kind of a bind, you may not even be employed there, so seeing your records might be a moot point.

What if the information in your file is not accurate? Well you can’t remove it, so you can only take steps to correct it. How? Write a letter to the human resources manager outlining the errors. Ask to have your letter put in your file. If your employer refuses, keep your own records. As you can see, labor employment law is a mixed bag at best, and a mare’s nest at worst. The best you can hope to do is make sure you are on the right side of the labor employment law in your state.