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

Definition of “Hostile Work Environment” Expanded by U.S. District Court

A recent decision by the United States District Court in New York has expanded the concept of a "hostile work environment" as constituting grounds for a sexual harassment lawsuit in the federal courts, holding that, even where a plaintiff was not ...
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Delaware Whistleblower Act Extended to Private Sector Employees and Independent Contractors, Effective July 19, 2004

Recently enacted legislation expands the scope of the Delaware Whistleblowers' Protection Act, which formerly applied to public employees/employers only, to include all private employees/employers. Significantly, the Act defines "employee" to ...
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Demutualization Elections: Traps for the Unwary

Many sponsoring employers and other fiduciaries of welfare benefit plans are being offered the choice of approving or disapproving programs offered by mutual (or member-owned) insurance companies to convert the insurers to publicly held ...
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Denial of Benefits to Independent Contractors

, 120 F.3d 1006 (9th Cir. 1997), cert denied, No. 97-854 __ U.S. __, 1998 WL 23859 (Jan 26, 1998)The United States Supreme Court refused to review the controversial Ninth Circuit decision that held that Microsoft improperly denied benefits to ...
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Department of Labor Proposes Long-Awaited FLSA Reform

On Monday, March 31, 2003, the Department of Labor published proposed regulations that significantly change the tests for determining which employees are exempt from time-and-a-half overtime pay under the Fair Labor Standards Act. Since 1949, the ...
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Department of Labor Revised White-Collar Regulations: New Focus in Uncertain Arena

UPDATE The U.S. House of Representatives twice this past May voted to table a non-binding resolution instructing House conferees to adopt an approach similar to the Senate's restrictions on the Department of Labor's white collar regulations. If the ...
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Dependents of Latex Allergic Hospital Worker Awarded Workers’ Compensation Benefits

Janeth McFarlane worked at the Baptist Hospital in Florida for approximately two years prior to November 1, 1996. She had used latex powdered gloves. Her employer had ordered, but had not received, powder-less gloves. During her employment she did ...
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Designing an Arbitration Clause

When first introduced to the construction industry, arbitration was hailed as a light at the end of the frequently long and dark litigation tunnel into which most serious construction disputes were directed. Litigated construction disputes were too ...
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Despite Victory for Employer, NLRB Decision Reminds Employers That Improper Handbook Language Can Overturn Election Results

In a decision that must be viewed by employers as both a relief and a reminder, a divided National Labor Relations Board held that an overbroad non-solicitation policy found in an employee handbook was not sufficient to overturn a union ...
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Detroit’s New Living Wage Ordinance

A "NEW" MINIMUM WAGE: Late last year, the voters of the City of Detroit passed a Living Wage Ordinance. Employers who are either "contractors" with the City of Detroit (entities which have contracts with the City primarily for the furnishing of ...
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