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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Employer Liable for Failure to Provide Accurate Job Reference
The New Mexico Court of Appeals in Davis v. Board of Commissioners found that while an employer may remain silent when asked for information about a former employee, once an employer decides to offer information, it owes a duty of care in regard to ...
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Employer-Mandated ADR Programs Come Under Attack
The courts are chipping away at an employer's ability to require its employees to arbitrate civil rights claims. Most recently, the U.S. Ninth Circuit Court of Appeals, which decides issues of federal law for many Western States including ...
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Employer Obligations to Employees Serving in the Armed Forces: How the USERRA Affects You
In wake of the mobilization of our military for war, employers should refresh their understanding of their legal responsibilities under the Uniformed Services Employment and Re-employment Rights Act ("USERRA"). This federal law, passed in 1994 ...
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Employer Strategies for Interviewing Claimants of Sexual Harassment
An employer should start any meeting with the complaining individual employee or purported victim of sexual harassment by explaining the objective of the meeting. All efforts must be made to make the employee comfortable. We recommend employers ...
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Employers at Risk for Outsourcing to Save on Employee Benefit Costs
Outsourcing work to save on employee benefit costs may become riskier for employers as a result of a recent U.S. Supreme Court decision. In Inter-Modal Rail Employees Association v. Atchison, Topeka and Santa Fe Railway Co., the Supreme Court ruled ...
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Employers Can Require Separate Bargaining Units for Staffing Agency Employees
The National Labor Relations Board (NLRB or Board), the federal administrative agency that oversees the National Labor Relations Act (NLRA), has once again reversed its position on a critical bargaining issue. Several years ago, the Board held that ...
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Employers Face Greater Risk From Workplace Romance: California Supreme Court Rules That Office Affairs May Give Rise To Sexual Favoritism Claims
The California Supreme Court recognizes "sexual favoritism" as a form of unlawful sexual harassment. Employees in California may now sue their employers for sexual harassment if a sexual affair between a supervisor and a subordinate results in ...
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Employers Face Potential New Responsibilities Under Welfare Reform
Employers should also be aware of aspects of the new welfare reform act, the Personality Responsibility and Work Opportunity Reconciliation Act of 1996 ("Welfare Act"). Since 1993, administrators of group health plans have been required to honor ...
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Employers Liable for Supervisors’ Sexual Harrassment Even if No Adverse Action Taken
While everyone in Washington was focusing on sexual harassment as a political issue, the U.S. Supreme Court was quietly clarifying and establishing the vicarious liability of employers when their supervisory personnel create a hostile work ...
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Employers May Be Responsible for Sexual Harassment Committed by Their Supervisors, Even if the Employers Had No Knowledge of the Supervisors’ Misconduct
On June 26, 1998, the Supreme Court held, by 7-to-2 votes in two separate cases, Faragher v. City of Boca Raton and Burlington Industries Inc. v. Ellerth, that employers may be liable for sexual harassment committed by its supervisor level employees ...
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