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

Health FSAs Are Subject To The HIPAA Privacy Rule

Prior to the April 14, 2003 deadline for compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule, the U.S. Department of Health and Human Services (“DHHS”) was considering whether a Health Flexible Spending ...
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Hey, Good Lookin’: Sex Discrimination in Hiring Reps

This article examines the issue of using appearance as a hiring criterion and how it could lead to employment discrimination due to physical appearance. Given a new but growing trend to outlaw job discrimination based on appearance, further scrutiny ...
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High Court Raises Bar for Employee Retaliation Claims

Title VII of the Civil Rights Act of 1964 (.Title VII.) prohibits employers from discriminating against employees on the basis of race, color, sex, religion, and national origin. Title VII also prohibits employers from discriminating or ...
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High Technology Arbitration

Many industries have ridden the wave of unprecedented growth in international business in recent years. The high technology industry, in particular, has experienced rapid growth and globalization. Not surprisingly, one result is that the ...
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Hiring and Firing Not Sufficient to Be A Managing Agent for Corporate Punitive Damage Liability

-- The New Requirements-- Issues Raised -- Remedies -- Employer Options -- Assembly Bill No. 109 Beginning January 1, 2000, every employer in California that provides paid sick leave to employees normally will be required to permit employees to use ...
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Hiring Retired Employees

For a number of years, school districts have hired, or in many cases "rehired," employees who had previously retired from employment with a school district or some other state entity and begun receiving retirement benefits from the State Retirement ...
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Hiring with Confidence

The single best predictor of an applicant's potential performance as an employee is the strength of the applicant's references. No resume review, background check or fair credit report can substitute for a few good phone calls to the applicant's ...
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Hostile Environment and Constructive Discharge: When the Employer is Strictly Liable

In a clarification of the application of the affirmative defense first made available in the Court's Ellerth and Faragher decisions, the U.S. Supreme Court has ruled that the affirmative defense is available to employers in some, but not all, cases ...
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Hostile Work Claim Without Tangible Employment Action

Employers can be held liable for the illegal conduct of supervisors if the conduct creates a hostile work environment, even though the conduct does not result in a tangible employment action. In Burlington Industries, Inc. v. Ellerth, No. 97-569 ...
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House International Relations Committee Considers Resolution on Japan-U.S. Relations

Late last month, the House International Relations Committee considered and passed with minor modifications Congressman Doug Bereuter's (R-Nebraska) non-binding House resolution stressing the "urgent need for Japan to more effectively address its ...
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