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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Employment Problems that could have been Avoided
Through our years of practice we have seen numerous employment problems that could have been averted or resolved with prior intervention. For example: Anxious to comply with the law, an employer determines that an employee who made three sexual ...
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Enforceability of Agreements to Arbitrate Employment Disputes
Due to the explosion of civil litigation and administrative charges against employers, it is not surprising that alternative dispute resolution (ADR), and particularly binding arbitration, has grown more popular. Employers perceive ADR as the ...
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Enforcement of Pre-Dispute Arbitration Agreements
The enforcement of pre-dispute agreements to arbitrate civil rights claims is one of the most hotly contested issues in employment litigation. Advocates of the agreements argue that the agreements are legitimate contracts that are supported by ...
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Enhancing Disability Protection Without Abandoning Principle
The ADA Restoration Act (ADARA)1 states as its intention to reverse Supreme Court decisions that "narrowed the class of people who can invoke the protection from discrimination that the Americans with Disabilities Act of 1990 provides."2 The bill's ...
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Equal Employment Affirmative Action Update
Much has been written about the potential impact the U.S. Supreme Court's split decisions in the two University of Michigan affirmative action cases will have on employment law issues, particularly on those involving private sector affirmative ...
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ERISA Discrimination Claims May Complicate an Age Claim
Section 510 of ERISA provides an employee with protection against two types of conduct: adverse action because a plan participant has availed himself of an ERISA right or adverse action to interfere with attainment of an ERISA right. Consequently ...
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ESOPs and S Corporations: Potentially a Winning Combination
The concept of employees owning stock in their employer is not new. In 1974, Congress enacted the Employee Retirement Income Security Act which gave birth to the Employee Stock Ownership Plan ("ESOP"). An ESOP is a defined contribution retirement ...
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Ethical Problems Complicate Joint Representation of a Company and its Supervisors
Discrimination claimants frequently name supervisors and managers separate and apart from their employer. They view this as one means of “getting even” for what they considered supervisory harassment. Supervisors named individually could have to ...
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Even Birthday Spanking Injuries Can Be Covered by the Minnesota Workers’ Compensation Act
Many states have developed workers compensation systems entitling employees to receive compensation for workplace injuries, regardless of fault, which also allow employers to know what liability they face for such injuries. In keeping with that ...
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Exclusions from Overtime
The federal Fair Labor Standards Act (the "Act") requires that employers pay employees overtime, in the amount of at least one and one-half times the employee's regular rate, for any work that the individual works over forty hours in one workweek ...
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