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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The New Jersey Workers’ Compensation Fraud Act
FindLaw's summary of New Jersey's Workers' Compensation Fraud Act, codified at N. J. S. A. 34:15-57.4, which subjects claimants to criminal penalties for the fourth degree crime of workers' compensation fraud if they "purposely or knowingly" make false or misleading claims, statements, representations or submissions concerning any fact that is "material" to a claim for the purpose of wrongfully obtaining benefits.
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SB 975: Is it Bad News for California Real Estate Development?
FindLaw's analysis of California's SB 975, which may result increases to the average cost of a development project.
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Guide to California Pre-Employment Inquiries
FindLaw's guide to acceptable and unacceptable (i.e. inlawful) pre-employment inquiries for California employers.
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Maritime Damages
FindLaw's overview of maritime and admiralty law, which encompasses a unique set of rules, concepts, and procedures governing navigation and commerce by water.
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Managing the Borderline Employee.
Borderline employees must be managed resourcefully to maximize the possibility of rehabilitating them, if that is management's goal, or to minimize the potential for litigation in the wake of termination. This article briefly examines tactics for managing the borderline employee.
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North Carolina Supreme Court Finds No Exception to Employment-At-Will Based on New Employee’s Relocation
In Kurtzman v. Applied Analytical Industries, Inc., the North Carolina Supreme Court overturned a jury's award of $350,000 for a high-level sales manager who was terminated seven months after he quit his job in Massachusetts. Learn more about how the North Carolina Supreme Court found no exception to employment-at-will based on the new employee's relocation.
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Sexual Harassment and Vicarious Liability after FARAGHER and ELLERTH
For sometime now, different standards have been applied by the various federal circuit appellate courts in deciding whether or not an employer can be held vicariously liable for the sexual harassment of an employee. Learn more about sexual harassment and vicarious liability after the rulings in Faragher Ellerth.
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Government Contracts Issue Update: Uncompensated Overtime
Much has been written about the various methods available for Government contractors to account for uncompensated overtime. Unfortunately, almost all of the published information concentrates on the accounting mechanics of timekeeping and labor. Learn more about government contract issues and uncompensated overtime in this article.
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Five Things to Remember in Florida Non-Compete Injunctions
There are now different legal standards governing the enforceability of restrictive covenants in Florida, depending upon the period of time in which they were executed. Since the legal standards are quite different, they create "traps for the unwary." Read this article to learn about the five things to remember in a Florida non-compete injunction.
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Employer Policy Changes: Notice By Email or Ink
An employer sends a company-wide email notifying employees about a new policy mandating arbitration of employment disputes. Later, an employee files a lawsuit in Court claiming that he was wrongfully terminated by the company. Let's learn about employer policy changes and notices by email or ink.
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