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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North Carolina Court Of Appeals Recognizes Wrongful Discharge Claim Based on Employer’s Failure to Follow State Drug Testing Law
FindLaw's analysis of a case in which an employee terminated after a positive drug screen was cleared for filing a wrongful discharge claim because the employer failed to comply with one of North Carolina's requirements for drug testing employees.
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Waiver And Release Does Not Prevent ADEA Claim
FindLaw's summary of a case in which the United States Supreme Court held that a former employee who received severance payments from her employer for signing a release of all legal claims was not prevented from bringing an age discrimination claim under the Age Discrimination in Employment Act ("ADEA") where the release did not comply with the Older Workers Benefit Protection Act's ("OWBPA") requirements for "knowing and voluntary" waiver.
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Saving Lives and Money: Solving Substance Abuse in the Workplace
FindLaw's overview of how to maintain a drug-free workplace and also how to respond to substance-abuse issues within your company.
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Court Refuses To Compel Mandatory Arbitration of Sexual Harassment Claim against Hooters Restaurant Chain
FindLaw's analysis of a case (Hooters of America, Inc. v. Phillips) in which a federal court in South Carolina struck down an employer's arbitration scheme because it effectively denied an employee the right to bring her claims in an impartial forum and limited the legal remedies that she would be entitled to receive for sexual harassment.
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Effectively Ending an Employment Relationship
FindLaw's legal guide to effectively ending an employment relationship, which means avoiding litigation or claims while ensuring a smooth transition for everyone involved.
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Employer’s Failure to Properly Designate Leave Results in Violation of FMLA
FindLaw's summary of a case that illustrates how an employer's failure to properly designate leave can result in a violation of the FMLA.
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Recent Developments in Arbitration of Employment Disputes
FindLaw's summary of the role the U.S. Court of Appeals for the Fourth Circuit has taken in enforcing various types of employment agreements requiring binding arbitration to resolve workplace disputes.
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Supreme Court Rules on “Right Way” to Terminate Welfare Benefits
Discusion of the Supreme Court's ruling that Section 510 of the Employee Retirement Income Security Act of 1974 ("ERISA"), which makes it unlawful for an employer, among other things, to discharge an employee for the purpose of interfering with the participant's right to attain a "benefit," applies to welfare plans (medical, disability and life insurance plans) even though such benefits are not vested and the employer may terminate the plan at any time.
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How to Hire the Best and Brightest
FindLaw's guide to hiring the best and the brightest, from properly defining your job requirements to avoiding negligent hiring.
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Complaints To Wrong Managers
FindLaw's summary of a decision from the United States Court of Appeals for the Eleventh Circuit that demonstrates the importance of having a well-drafted and enforced anti-harassment policy: Madray v. Publix Supermarkets, Inc. (2000).
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