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

Supreme Court Clarifies Application of Faragher/Ellerth Defense Where Employees Claim Constructive Discharge

In a significant percentage of sexual harassment cases, the employer's first notice of any problem is after the complaining employee has quit and filed a charge of discrimination with the Equal Employment Opportunity Commission or a state agency ...
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Supreme Court Clarifies Employer Liability For Sexual Harassment By Supervisors: Client Alert: July 1998

Supreme Court Clarifies Employer Liability For Sexual Harassment By SupervisorsThe Decisions Quid Pro Quo v. Hostile Environment is No Longer Controlling The Implications for Litigation Implications for Sexual Harassment Policies Conclusion The ...
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Supreme Court Decision Explains How the Impact of Section 510 of ERISA Can be Avoided When A Staffing Company Takes Over an Existing Workforce

The Voice of the Temporary Industry, California Association of Temporary and Staffing Services One of the advantages of using temporary employees is that their employee benefit costs are typically lower, resulting in reduced total employment costs ...
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Supreme Court Expands Scope of Age Discrimination Law

On March 30, 2005, in a decision that will change the landscape of age discrimination litigation, the U.S. Supreme Court ruled in Smith v. City of Jackson that workers age 40 and older may prove discrimination under the Age Discrimination in ...
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Supreme Court Extends Ellerth/Faragher Affirmative Defense To Certain Constructive Discharge Cases

On June 14, 2004, the United States Supreme Court issued its opinion in Pennsylvania State Police v. Suder, 124 S.Ct. 2342 (2004), and extended the affirmative defense originally outlined in Burlington Indus., Inc. v. Ellerth and Faragher v. City of ...
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Supreme Court Extends Employer Obligation To Provide COBRA Coverage

The path to Hell is paved with good intentions. When Congress passed the Consolidated Omnibus Reconciliation Act of 1985 ("COBRA"), it was done to provide employees who lost their jobs through no fault of their own with the option of continuing ...
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Supreme Court Holds Former Employees Are Protected by Title VII’s Anti-Retaliation Provision

The United States Supreme Court, in a unanimous decision, has held. that former employees may sue under Title VII of the Civil Rights Act of 1964 to challenge alleged retaliation by their past employers. Robinson v. Shell Oil Co. The Supreme Court's ...
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Supreme Court Issues New Rules on Sexual Harassment

In two decisions issued on Friday, June 26, 1998, the United States Supreme Court has reworked the legal standards relevant to sexual harassment claims under Title VII of the Civil Rights Act of 1964. Essentially, the Court has decided that ...
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Supreme Court Rules No TTD after MMI

Pursuant to N.C.G.S. §97-31, temporary total disability benefits are available to an injured employee during the "healing period." The "healing period" has historically been described as the time during which the employee is unable to work while ...
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Supreme Court Rules On Evidentiary Matters Involving Mixed-Motive Employment Discrimination Cases

Employers generally realize that trying a “mixed-motive” discrimination lawsuit in front of a jury may be risky; it is expensive, the stakes may be high and the outcome uncertain. In the past, a mixed-motive case may have been dismissed on summary ...
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