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 Emerging International Legal Marketplace
Increasing volumes of world trade in both goods and services have resulted from the relaxation of international trade barriers through GATT, GATS and regional trading blocks (EU, EEA, NAFTA, Mercosur, ASEAN, etc.); robust economic growth in ...
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The Employer/Employee Relationship Begins Before the Beginning
The employer/employee relationship clearly exists when an employer hires an individual to accomplish a task. All employers are aware of their responsibilities as related to employee safety, nondiscrimination, overtime pay and the like. But an ...
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The Entrepreneur’s Legal Dilemma: When And How To Consult An Attorney?
Legal issues represent only some of the many problems facing entrepreneurs and start-up companies. If thought about at all, they often get pushed far down the list of pressing worries, behind revenue, overhead, marketing, etc. Of course, that is ...
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The Evolving Standard for ERISA Preemption of State Law Under Recent United States Supreme Court Precedent
The Employee Retirement Income Security Act ("ERISA") was passed in 1974. The purpose of ERISA was to "promote the interests of employees and their beneficiaries in employment benefit plans." ERISA regulates employee benefit plans of private ...
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The Fair Credit Reporting Act And Workplace Investigations
On April 5, 1999, the Federal Trade Commission (FTC) issued an opinion letter regarding sexual harassment investigations and the Fair Credit Reporting Act ("FCRA"). The FTC opined that employers which use an outside organization to investigate ...
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The Fair Labor Standards Act: An Old Law Getting New Attention
The Fair Labor Standards Act of 1938 ("FLSA") and the Act's implementing regulations were adopted against the backdrop of the Great Depression. The policies and purposes of the FLSA were: To reduce the causes of labor disputes, by correcting ...
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The Fair Labor Standards Act: Many Traps for the Unwary
When most employers think about the Fair Labor Standards Act (FLSA), they think about two things - minimum wage and overtime. A typical employer, when asked what its obligations are under the FLSA, will respond, "I have to pay my hourly employees at ...
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The “Female-Friendly” Workplace
Shame is a powerful emotion—a "condition of humiliating disgrace or disrepute" according to a standard dictionary definition—and has always been a useful weapon in the arsenal of those who seek to expose wrongdoing. In colonial times, offenders were ...
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The How Long Must Employers Retain Employee Records?
Last month's bulletin addressed the need to retain various employee records. Since we received a couple e-mails asking how long these records must be kept, we thought that would be a good topic for this month's bulletins. Naturally, there is no ...
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The Increase in Adversarial Proceedings Between Energy Companies
When it comes to how energy companies treat one another, a change is in the wind. Energy companies have become more willing than ever to instigate adversarial proceedings in order to recoup damages, even against fellow industry members. The trend is ...
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