In the United States, we have many different labor unions. While there are categories like Private, Public and Craft Unions, there are also smaller groups as well such as Manufacturing Unions, Building Trades, Transportation Unions and Service Industry Unions. If you are interested in the labor movement or you already work at a job where Unions are not available, but you want a new position that does offer unions, it might be important to get to know what the different […]
In a perfect world you could get pregnant and you could still keep your job without your boss or other people harassing you. In a perfect world, people wouldn’t act disgraceful and wouldn’t make you stressed out during an emotion time in your life. Unfortunately, this is not a perfect world and sometimes you run into jerks that think they are above the law or they think they can do whatever they want because they are the “boss”. If there […]
Gay Marriage is one of those things that has become really wide spread over the US in the past few years. You are either one of those states that allows gay marriage or you are not. States are always popping up on the news as far as same sex marriages go in 2015 won’t be any different. In fact, at the start of 2015 on January 6th, Florida had become the 36th state to legalize same sex marriage. WOW. 36 […]
Getting a new job is an exciting and somewhat nervous situation to go through. We’ve all seen those packets of forms you have to fill out after you get the job, including an EEO. These EEO forms or Equal Employment Opportunity really help protect you, as well as the employer from discrimination. Of course there are different types of discrimination, but the law states that no matter your race, sex, creed or origin you have an equal opportunity for employment […]
Independent contractors are on the rise in the United States. With growing healthcare costs and a lagging economy, companies are doing more and more of their hiring on a contract basis. Independent contractors are in business for themselves. They are self employed, meaning they do not work directly for companies and have not been hired as actual employees. There are advantages and disadvantages to being an independent contractor. The advantages include the ability to decide your own hours, to choose […]
More people than ever are joining the ranks of those who have cast off the shackles of the ‘workaday world’ (as your grandfather used to call it), deciding instead to become freelancers. But what does it mean when you hear someone say they ‘freelance’? And is an independent contractor or a consultant the same as a freelancer? The short answer? No one knows. Well, of course, employment lawyers know the difference, but if you try typing the question into a […]
The disability rights movement has gained significant support in the United States since its inception in the 1960s. When the Civil Rights Act was signed into law by President Lyndon Johnson in 1964, Americans who lived every day with the difficulties caused by disabilities began advocating for their rights and opportunities. Since then, advocates have worked tirelessly for people with disabilities, demanding equal rights and opportunities where they typically have been excluded simply because they are disabled. In response to […]
Equal pay for equal work … it’s a concept that has long been disputed in American employment law. Did you know that it wasn’t started by women advocating for equal pay, but by unions fighting for equal wages for men? When soldiers went off to fight World War II and women worked their jobs to keep the U.S. economy functioning, the National War Labor Board urged employers to pay women the same wages as their male counterparts. Because, however, most […]
The Age Discrimination in Employment Act or ADEA is a federal law that prohibits workplace discrimination based on an individual’s age. There are also state specific laws which make it illegal to discriminate against workers based on age. Employees who are 40 years old or older are protected from age discrimination under the ADEA. In 1990 the Older Workers Benefit Protection Act (OWBPA) was added as an amendment to protect older employees from being denied benefits by employers.
The Americans with Disabilities Act or the ADA prohibits discrimination against individuals based on their disabilities. This is similar to other employment laws which protect the civil rights of individuals on the basis of race, religion, gender, or national origin. The ADA is meant to provide equal opportunities for individuals who have disabilities in the workplace, transportation, public accommodations, telecommunications and state and government services.
The False Claims Act is also called the “Lincoln Law” and is a federal law of America that imposes liability to federal contractors who defraud programs set up by the government. There is a provision that allows for those who are not affiliated with the government to also file actions for the government. Those that file can receive about fifteen to twenty?five percent of any of the recovered damages. Claims have typically been in health care, military, and other government […]
Media finds whistleblowers as a popular subject and has for a long time. The Enron scandal is remembered by most Americans. Many debate whether the intelligence workers like Edward Snowden or Bradley Manning might qualify as “whistleblowers”. Most are aware of the Whistleblower Protection Act of 1989 as well that gets formed into the backbone of the whistleblower protection in theUnited States. The history of the concept of a whistleblower dates further back and includes an interesting history that gives […]
The Whistleblower Protection Act, or WPA, gives protection from retaliation or persecution to government employees that disclose to the police illegal and improper conduct that goes on in the workplace. The law is to protect any federal employees who uncover some wrongdoing and report it to authorities. Under the WPA, the government agency accused is not allowed to end the employment or “bully” a worker of government contractors, science based agencies like NASA, or national security personnel.
There are many different facets to employment law, and this complexity is what draws many lawyers into this area of practice. It is an arena that is constantly changing and developing to protect both employees and employers. Each of these classes has their own set of rights as well as responsibilities that need to be protected as well as understood. The employer is in a unique position and must make every effort to provide a safe workplace for their employees. […]
The Family and Medical Leave Act (FMLA) provides employees the right to take an unpaid leave in certain conditions without it effecting their job or position. The leave can be taken for certain medical conditions or family situations. There are criteria that must be met before an individual can take the leave. But while the employee is on leave, their job remains protected and they cannot be fired or replaced during the time that they are on leave. The law […]
Employment law pertains to a legal relationship between employees and employers. There are various statutes and laws which determine rights and responsibilities for all parties concerned. There are employment laws on the federal level, state level, and city or county levels. These regulations cover the types of rights and responsibilities that come from having an employment contract. When an employer offers a position to an employee, the laws begin governing the transaction. Employment laws ensure that the entire process […]