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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DOL Proposes Regulations to Provide Guidance on Implementing USERRA
On September 20, 2004, the United States Department of Labor ("DOL") issued proposed rules interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA" or "the Act"). USERRA is the primary federal law that provides ...
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DOL’s Long-Awaited “FairPay” Overtime Regulations Will Soon Take Effect
In the September 2003 edition of the Thompson Coe Labor & Employment News, Elizabeth Marsh wrote of the pending changes to the "white collar" exemptions of the Fair Labor Standards Act's ("FLSA") overtime regulations. Since then, due to a heated ...
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Don’t Ask, Don’t Tell Employment Applications: The Benefits and Risks of Nonresponsive Information Clauses
Employers have long recognized that inappropriate questions on employment applications can give rise to potential liability. To avoid asking questions that might be perceived as requiring prospective employees to divulge inappropriate information ...
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Drafting Enforceable Sales Commission Plans Under New York and California Law
Employers often encounter problems in drafting enforceable compensation plans for their commissioned sales employees. Contract provisions that might make business sense can run afoul of state wage and hour laws – and to further complicate matters ...
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Dramatic Changes: Workers’ Compensation Hearing Process
On Thursday, January 21, 1999, the Albany District initiated sweeping changes in the Hearing Process. However, other "changes" were also implemented which we believe warrant your immediate attention. This list is a partial list of the changes which ...
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Drug Testing Program Upheld For Job Applicants But Not For Current Employees
California.s Supreme Court recently addressed the constitutionality of drug testing in the workplace. Loder v. City of Glendale (1/6/97) 14 Cal.4th 846. At issue was the City of Glendale.s drug testing program which required all individuals ...
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DWT Releases Comments on OIG’S Issuance of Compliance Resource Guide for Corporate Boards
The Office of the Inspector General of the Department of Health and Human Services (OIG), working in collaboration with the American Health Lawyers Association, just published Corporate Responsibility and Corporate Compliance: A Resource for ...
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Edwards v. Audubon Insurance Group: A Case of First Impression Holding an Insurance Underwriter to Be an Exempt Administrative Employee Under the FLSA
Those on the front lines of the battles over who is or is not an exempt administrative employee under the Fair Labor Standards Act (FLSA) or various state wage and hour laws are well aware of the deluge of cases in the past five years – many of them ...
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EEOC Challenges “Partner” Status Argues Partners are Really “Employees”
The Equal Employment Opportunity Commission ("EEOC") has filed suit in the Northern District of Illinois against one of the country's biggest and most well-known law firms, Sidley, Austin, Brown & Wood ("Sidley Austin"). The EEOC alleges that the ...
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EEOC Clarifies Rules On Age Discrimination Waivers
When employers decide to reduce the size of their workforces, or to terminate an employee who is over 40 years of age, they often offer severance pay in exchange for a release and waiver of legal claims by the terminated employees. In 1990, Congress ...
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