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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FMLA Compliance Guide
The Family and Medical Leave Act () provides certain employees with up to 12 workweeks of unpaid, job-protected leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking ...
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FMLA Leave: Does An Employer Have To Designate?
Under the Family and Medical Leave Act (the "FMLA"), qualified employees may take up to twelve weeks of leave during a twelve month period for one or more of the following reasons: (1) the birth of an employee's child; (2) the placement of a child ...
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FMLA Leave: To Designate or Not Designate: That Was the Question
You have probably heard the expression .no good deed goes unpunished.. This saying is best illustrated by a recent decision from the United States Supreme Court. On January 7, 2002, Wolverine World Wide was .punished. by having to defend its actions ...
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FMLA Provides Right to Jury Trial
The Sixth Circuit Court of Appeals held that the FMLA provides the right to a jury trial. While noting that the language of the FMLA does not expressly provide for a jury trial, the Court looked to the legislative intent behind the FMLA and found ...
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FMLA Requires Reinstatement Even When Reinstatement Constitutes An Undue Hardship
The federal court of appeals in Boston has ruled that an employer is required under the FMLA to reinstate an employee following leave, even if such reinstatement would constitute an undue hardship under the Americans With Disabilities Act (ADA). In ...
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Focus on Employment & Discrimination Law
Recently we read in the paper that the U.S. Supreme Court decided 2 cases where the employers in the cases were able to win against hostile environment claims. How were the employers able to win these cases? You are probably referring to the ...
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Fourth Circuit Allows Different Levels of Disability Insurance Benefits for Mental and Physical Disabilities
In (June 16, 1999), the U.S. Court of Appeals for the Fourth Circuit ruled that employers may participate in disability insurance plans that distinguish between disabilities caused by mental and physical illnesses without violating the ADA. Fourth ...
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Fourth Circuit Allows Union’s Appeals to Ethnicity during North Carolina Campaign
The U.S. Court of Appeals for the Fourth Circuit has rejected an employer's attempt to set aside a union election based on the union's use of ethnic appeals to obtain votes. During a union campaign at a Case Farms poultry processing plant in ...
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Fourth Circuit Upholds Arbitration Clause in Employee Handbook Acknowledgment Form
In O'Neil v. Hilton Head Hospital, the Fourth Circuit Court of Appeals (which reviews decisions of federal district courts in North Carolina, South Carolina, Virginia, West Virginia, and Maryland) recently decided that an employee's agreement to ...
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Frequently Asked Employment Law Questions
In California most workers without a contract are considered "AT WILL" employee's, which means under the California Labor code, you can quit anytime you want to with or without just cause, or your boss can terminate you anytime he wants to without ...
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