Employment Laws
Employment law covers all rights and obligations within the employer-employee relationship — whether current employees, job applicants, or former employees. Because of the complexity of employment relationships and the wide variety of situations that can arise, employment law involves legal issues as diverse as discrimination, wrongful termination, wages and taxation, and workplace safety. Many of these issues are governed by applicable federal and state law. 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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Contingent Workers Could Mean Contingent Liability
Employers everywhere have increasingly relied upon temporary, contract or other "contingent" employees as a more flexible and often less expensive alternative to hiring permanent employees. Temporary employees are excluded from most employee ...
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Controlling Potential Exposure: What Employers Should Do, Post-Microsoft
On July 24, 1997, the Ninth Circuit issued its long-awaited, enbanc decision in Vizcaino v. Microsoft Corporation, holding that certain employee benefits might have to be provided to individuals whom Microsoft had misclassified as independent ...
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Cooley Alert: Employee Benefits and Equity Compensation
A recent U.S. Supreme Court case (Inter-Modal Rail Employees Association v. Atchison, Topeka and Santa Fe Railway Company, 1997 U.S. Lexis 2803 (May 12, 1997) protects employees who are fired to save benefit costs. A railroad service company ...
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Cooley Alert: Essential Retirement and Welfare Plan Updates
The Internal Revenue Service (IRS), on May 12, 2000, extended for one year the deadline for amending and restating individually designed qualified retirement plans to comply with GUST. Prior to the announcement, the deadline was December 31, 2000 ...
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Cooley Alert: IRS Extends Qualified Plan Amendment Deadline
Amendments to Qualified Retirement Plans required by the Small Business Job Protection Act of 1996 (SBJPA), Taxpayer Relief Act of 1997 (TRA 97), Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), the General Agreement on ...
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Corporate Counsel Beware: The SEC May Freeze “Extraordinary Payments”
On June 20, 2003, the Securities and Exchange Commission ("SEC") announced that it had filed securities fraud charges against the Henry Yuen, the former chief executive officer ("Yuen"), and Elsie Leung, the former chief financial officer ("Leung" ...
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Corporate Fiduciary Liability Claims In The Post-Enron Era
Since the spectacular collapse of Enron Corporation this past year, it is impossible to open the newspaper without reading about another corporate scandal or the latest "largest corporate bankruptcy in history." The television and print media have ...
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Corporate Officer Held Personally Liable
Butler sued the company president, as well as the corporate entity, for non-payment of required overtime. The court held the president of the company -- which failed to keep and maintain proper records of overtime worked and to worked and to pay ...
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Court Interprets New Affirmative Defense to Supervisory Sexual Harassment
A Virginia federal district court applied the "Faragher-Burlington Industries affirmative defense" established by the Supreme Court recently and found an employer wanting in the second element of the defense. In Corcoran v. Shoney's Colonial, Inc ...
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Court Limits Application of Family and Medical Leave Act
A federal regulation expanding the scope of eligibility under the FMLA is unconstitutional, according to a recent decision from the U.S. District Court for the Eastern District of Virginia. In Wolke v. Dreadnought Marine, Inc., the court considered ...
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