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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EEOC Guidance on Employer’s Vicarious Liability for Workplace Harassment
On June 18, 1999, the Equal Employment Opportunity Commission issued Guidance on an employer's vicarious liability for harassment by supervisors under Title VII and other equal employment laws. The guidance comes a year after Burlington Industries ...
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EEOC Issues New Disability Guidance Regarding Cancer
The EEOC has, as part of its on-line Question and Answer Series, recently issued guidance regarding whether cancer is a disability under the Americans with Disabilities Act ("ADA"). The ADA is a federal law that prohibits employers with 15 or more ...
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EEOC Revises its Compliance Manual Regarding Charge Filing Deadlines
The U.S. Equal Employment Opportunity Commission ("EEOC") has, recently, revised its Compliance Manual—the agency's internal investigation manual—to reflect current law regarding charge-filing time limitations. In 2002, the U. S. Supreme Court ...
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Effect of Outstanding ERISA liens on Minor Settlements
Pursuant to regulations promulgated by the Commissioner of Insurance, North Carolina prohibits subrogation of benefits in life, accident, or health insurance policies. However, ERISA preempts the above regulation as it applies to employee welfare ...
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Effective Releases in Workforce Reductions
The drafting and use of effective releases in workforce reductions continues to be an important part of employers' planning for such events. In 1990, Congress passed the Older Workers Benefit Protection Act ("OWBPA") which contains procedural rules ...
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Eleventh Circuit Invalidates Family And Medical Leave Regulation
In a very controversial decision, the Eleventh Circuit Court of Appeals, which governs Alabama, Florida and Georgia, rejected the Department of Labor's regulation under the Family and Medical Leave Act ("FMLA") requiring an employer to provide ...
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Employee Attacked At Home On Sunday Morning Awarded Benefits
An employee of the Division of Youth and Family Services was assigned to answer a call at the Jersey City Medical Center as part of her job to be on-call over the weekend. After completing the call she returned to her residence in Newark at 1:30 am ...
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Employee Benefits Alert, December 1998
Do You Want to Eliminate 401(k) Plan Testing? New Cafeteria Plan Rules Delayed DOL Elevates Scrutiny of 401(k) Fees to Higher Level Tight Deadline for Reconstructive Surgery Notice Automatic 401(k) Contributions Approved by the IRS DO YOU WANT TO ...
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Employee Benefits & Compensation Updates: Vizcaino v. Microsoft Corporation
Recently, the Ninth Circuit generally reaffirmed a panel decision holding that certain Microsoft workers who were originally hired as independent contractors were entitled to benefits under Microsoft's 401(k) plan (the "Savings Plus Plan" or SPP ...
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Employee Benefits & Executive Compensation Update
Employers that sponsor qualified retirement plans will want to take note of some upcoming changes at the Internal Revenue Service ("IRS"). As you may know, the IRS has begun a top-to-bottom restructuring from its current geographic-based ...
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