Employment Laws - Page 69
This is FindLaw's collection of Employment Laws articles, part of the Human Resources section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Human Resources
Employment Laws Articles
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It is dangerous for an employer to assume that it owns an employee's inventions merely because its employee invented them. Similarly, employees should not assume that they own inventions merely because they invented them at home. Employee-inventors present unique problems for the employer, and the answer to who owns an invention may depend on the type of invention. The rules for ownership of creations protected by a copyright differ from inventions protected by a patent. -
The Massachusetts Wage Act ("Wage Act") provides protections for employees by requiring the prompt payment of wages within six (6) days of being earned. G.L. c. 149- 148. The purpose of the Wage Act is to limit the interval between the completion of an employee's work and the payment of wages. American Mutual Liability Ins. Co. v. Commissioner of Labor and Industries, 340 Mass. 144, 145 (1959). -
Section 510 of ERISA provides an employee with protection against two types of conduct: adverse action because a plan participant has availed himself of an ERISA right or adverse action to interfere with attainment of an ERISA right. Consequently, the section provides protection, regardless of whether the claim is based on existing or prospective rights under a plan. -
Employers sometimes inadvertently create employment contracts. This type of contract is implied by the employer's actions and is binding on the employer - though it may be difficult to prove. Because an implied employment contract may arise during any communication with a potential new hire or employee, it is essential that all employers consider the implications and possibility of creating a binding contract when communicating with potential and existing employees. -
New decisions seem to keep popping up everywhere, adding to the complexity of managing employees. Two recent ones deserve some special attention: Burlington Northern and Santa Fe Railway Co. v. White, decided on June 22, 2006, by the Supreme Court of the United States, and U-Haul Co of California, decided on June 8, 2006, by the National Labor Relations Board. The former makes it easier for disgruntled employees to claim retaliation under Title VII; the latter may call into question the enforceability of many individual employee-employer arbitration agreements. -
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is partially facilitated by an increasing reliance on alternative dispute resolution (ADR), including, for example, arbitration procedures incorporating expedited schedules. The numerous mergers and acquisitions among industry members have also contributed to this change in industry culture -
A Conroe-based designer and builder of electrical power plants has been contacted by a regional government entity to build a power plant in the Ukraine using local labor. While the project sounds lucrative, the prospect of labor strikes, corruption and red tape, delays, withdrawal of government approval and the ability to enforce breaches and delays raises concerns about the risks of the project. -
Sales representatives and principles sometimes enter into relationships in which the principle recognizes that for whatever reason, the future sales by a sales representative may be sporadic or unpredictable. In order to alleviate the cash flow concerns sales representatives encounter, the principle agrees to pay a set bi-weekly or monthly stream of income, otherwise known as a draw. There are several critical legal issues of which salespersons should be aware when accepting a draw. It may or may not be a friendly arrangement. -
The California Family Rights Act ("CFRA") and the federal Family and Medical Leave Act ("FMLA") provide eligible em. -
The topic of this month's Employment Law Bulletin is medical leaves of absence under the California Family Rights .