Mirror of Justice » career

Employment Law Cases – Identifying Trends

Law Article — Sun, 19 Jul 2009 07:01:36 +0000

Presently, there are a lot of changes occurring with employment law governing us. These changes may have dramatic impacts on us and other various areas. What the courts are handling down now can create a whole lot of different scenarios.
Although on a daily basis we will not exactly bother ourselves with employment laws and their implications, it will do well if we take a look at them. There are sites which offer an overview with these employment laws- they provide the necessary summary and meaning of these laws. Summaries can be very useful rather the official versions of these laws. They tackle the laws directly and provide the highlights on the matter.
Here we provide some of the highlights of some employment cases. For further details on the cases you could look for AARP v. EEOC (3rd Cir. 2007).
In reality, employers and employees should be able to create and make health plans for retirees and other rewarding programs for early retirement so that the retirees would be able to enjoy the Medicare benefits when they are still most suited to. This matter can be very important to anyone even you for the fact that more and more employers are providing benefits for retirees especially on health. Companies are resulting to this for higher profit. Health care costs are becoming increasingly expensive nowadays. The gist is that if they would be able to lessen these health benefits without stepping on some federal age discrimination laws.
There are many cases that are available are normally old and thrive more on ratio decidendi – meaning the precedents they set for case law across the nation. Ratio decidendi is the reason behind most of the decisions of a case.
Another major employment case that is now gaining attention is when key employees go up against the firm they left. There is a significant verdict in this area in this case: Aero Fulfillment Services, Inc. v. Tartar (Ohio 2007). This set for the rights as well as the limitations of employers have when these key employees leave. With this employers are granted steps where they can take when their employees leave. These steps are: company trade secrets, confidential information and customer retention/fishing. These cases can help you learn a lot when it comes with US labor laws and the likes. It may not be useful for this time but chances are you can would be able to make use of it in the future.

Amendments To The Ohio Employment Law – Filling The Gaps

Law Article — Sun, 19 Jul 2009 02:10:58 +0000

The Ohio Employment Law does not appear have definitive parameters. The voters approved an increase in the minimum wage rate to $6.85 per hour by amending the constitution. Under this law, all employers have to maintain and set up payroll records for every employee. This rule did not go down very well with the business community. They felt that the law was highly inconvenient and rigid. The politicians tried to amend it, and in the bargain managed to make it even more vague than it was earlier. This will definitely prove to be a constitutional challenge.
A tricky area in the Ohio Employment Law is the definition of the term ‘employee’ and who is deemed to be an employee under Ohio Wage and Hour Law. This is a relevant point because there are workers under the age of 16 in Ohio. As per the Law, all the employees must be paid the minimum wage of $6.85 per hour. There are exemptions for this rule and the minimum wage rate need not be paid to workers under the age of 16, workers that are earning tips and family members working for the family business.
The bill amended by the politicians added to the confusion more than ever before; the amendment narrowed down the definition of employee even further, to exclude some more types of employees from the purview of the minimum wage. These were outdoor sales personnel, live in companions, camp counselors and newspaper delivery persons. This further messed up things for Ohio Employment Law.
Few other changes were made to the law. It was mandatory for the employers to give details like name, address, telephone number, email, website address and fax number to the employees. This information had to be given to the employee on his first day at work. If the company decides to shift operations, all employees have to be informed within 60 days of making the change. This could be done by pasting a notice on the bulletin board or giving individual notes to employees. Complete payroll records must be maintained in a prominent place and all workers should have free access to it. The Ohio Employment Law does not put limitations on the request for records; theoretically, any worker can see the records of other employees, including that of the boss.
A small concession that the amendments introduced by the politicians managed to make was that, they limited the amount of information that could be requested and who could request for it.

Employment Law In France – Vive La Difference!

Law Article — Sat, 18 Jul 2009 20:11:07 +0000

The Law for Employment, followed in France is different! It is unique in its own manner. An ideal law, found nowhere else in this world. This is just a synopsis on what is all the hue about.
You are fired! These three words are not to be made common according to this law. This means that, the circumstances and the boundary line for throwing out an employee are more restricted. Employment law in France is not out of their wish, not as one opts for. The reasons for the employee being thrown out ought to be brought to his or her notice.
On an over view, the law implies that, firing or dismissing an employee is a formal practice and is no melodrama! There a certain set of very complex procedures and rules to be followed, to sack the person.
Apart from dismissing the employee, the second eye catching regulation that makes the Law for Employment in France, ideal from other countries is lay offs. These lay offs are also known as redundancies. Considering the constraints of the regime’s economy, lay offs also has a set of convoluted restraints and principles to be followed. These are provided exclusively for the effect of lay offs in mass in particular.
A peculiar fact in this Labor Law of France is their processing towards legitimacy, in which, the entity of France, should be financially in debt, to justify their actions in firing one of the staffs or rendering them superfluous. Due to this, as such, certain agencies of the State of France have the authority to get the info on the laying off of any of the faculty members of private sector units.
This methodology or the tradition followed, is beneficial in one way, and secures the state as well, by the fact that the organizations that want to process the laying off of the staffs, have to rely on other agencies that are run independently. In this way, it also paves wa for a second opportunity for them.
A not so expensive and not very difficult task for an employee is, starting a law suit in opposition to her or her previous employer. The courts file their complaint and the judges are elected by the employees or the employer, themselves. The courts that deal with relationships between the labourers and their employers is called Conseils de Prud’homme. As compared to the United States, where you become a pauper if you file a law suit, France legitimacy is more acceptable and reasonable.
In France it is a rare sight for dismissing claims without the employer being awarded in opposition to him or her. This is so unlike the law followed in US. These kinds of claims are generally made on consideration of each case.

The Nature Of The Employment Law – Its Eccentricity & Safety Precautions

Law Article — Sat, 18 Jul 2009 14:10:57 +0000

If you are in the bad books of your employer, the employment law is undoubtedly going to create a huge problem. A thorough knowledge of the areas of the employment law that may apply to you, is probably your only option if you want to save your butt in the worst possible case.
At most times, the human resource employment law will be your area of concern. It is quite a large division nad deals with various employee activities like workplace violence to absenteeism. Currently, the most happening area of the employment law is the ban imposed on smoking, which has come to effect in most parts of the country. Do not blindly think that all smoking bans are similar. They have variations. In the last year alone, 9 states (now 23) have forbidden smoking in places that are open to public. Your place of work is considered a public place.
You must be familiar with the employment law that exists in the state you live in, so that you don’t risk making fouls. Do a thorough and careful research because sometimes there are lots of variations between state laws and locals laws, and also among cities. For instance, California banned smoking in workplaces in the year 1995. On the other hand, Louisiana which effected the ban in 2007, exempted certain types of businessses. Check if you belong to any of those categories. Keeping a check on the employment law of your location will aid in keeping you out of trouble, both in the workplace and outside.
Things don’t just stop there. It gets worse. Several states which have not imposed smoking bans have a few municipalities that have implemented them to certain businesses and public locations. Below are some very interesting figures. As per the 2007 surveys, 2,507 municiplaities have imposed smoking bans. 570 out of the 2,507 emphasize on a 100% smoke free workplace.
Another example is that Illinois has no state law enforcing public ban on smoking. But 37 cities and counties including Cook County and Chicago have bans. Similarly, Austin, Houston, San Antonio and Dallas along with 20 other municipalities have bans though Texas doesn’t. The eccentric nature of the employment law is highly dangerous because if you do not take enough time to read every clause mentioned in it, you are likely to find yourself in a lot of illegal nonsense. Another example that indicates the place-to-place variation in laws is that certain tobacco and alcohol trade companies have been excluded. To say that it is confusing, would be an understatement. However, it is better to be safe and take necessary precautions instead of getting fined heavily.

Employment Discrimination Attorney – The Perfect Choice In The Case Of Violation

Law Article — Sat, 18 Jul 2009 13:01:54 +0000

Violating an employment discrimination law is no laughing matter. While there is no charge for an employee to lodge a complaint with the government, there are many who seek employment discrimination attorneys to take on their case and solve the issues.
There are many benefits of hiring employment discrimination attorneys. This is more so if the damages desired in the case are a result of some violation. The different benefits of hiring an attorney are as follows.

Employment Laws – Putting Them To Use

Law Article — Fri, 17 Jul 2009 20:10:50 +0000

Back then employees were not protected as they would have preferred it to be. During the start of industrialization, many employees were mistreated even hurt. The workplace was not as regulated as it now. Fortunately for employees at present there are now employment laws that in some guarantees that a much safer and organized working environment. These developments are both beneficial to the employee and the employer. Employment laws cover the minimum amount a worker should be paid as well as their physical safety requirements. These employment laws demand very grave penalties when violated. The laws could be implemented on both state and federal laws.
Employment laws cover a whole lot of areas. There are employment laws that provide for persons with disabilities. Some tackle issues of discrimination over sex, race, age or religious affiliation and there are employment which cover issues for certain work environments like in the kitchens, factories or construction sites. Federal employment guidelines are guidelines that could be applied wherever the worker may reside in the country. However, there are also state guidelines that are being employed. These guidelines usually work in coordination with the federal guidelines. Although there are states guidelines that may be the same, one should always remember that they could be implemented in different manners. Thus when one transfers from one place to another it is important to note that the laws implemented before may not applicable in that area.
State and federal laws are both complex and are somewhat many in number. Although the basic phrasing of law could clearly state its meaning, there are many factors that come into play on how, where and when it could be implemented. Once a concerned individual feels that his or her rights were violated under any circumstance, they could seek the help of a lawyer/attorney to help them out on the case. The attorney should have an inclination towards these employment laws. These people would know what approach to take and what violations were actually incurred. There are cases which are simple others are not quite.
Employers are usually required by law to present the state and federal guidelines where employees would be able to see them. However, employment laws are from time to time changed especially when modifications to the work environment happen; laws are sometimes also changed with it. The changes correspond to the new needs that may arise together with the modifications. They are changed so as to address issues on keeping a safe and ethical work environment. As the working environment continually changes, new concerns and problems arises. With these comes the need to address such problems to continually cope up. Changes and modifications to the current guideline must be made in order to continually protect the rights of the workers.

Following Employment Laws – Why Are The Regulations Mandatory?

Law Article — Fri, 17 Jul 2009 08:11:01 +0000

There are a lot of laws that have been established to ensure employee safety in a workplace. The guidelines of the employment laws should be followed in everything related to work- from process of dismissals to the hiring process. From the time work environments became organized, many situations have cropped up that has led people to question the safety and benefits of workers. All this resulted in the implementation of several principals and values that protects not only the workers in question but also the employers. These laws cover many broad categories and there are a number of them, but they all work together as a valuable protective measure. Today, employment laws apply at both state and federal level.
There are many acts such as the Americans with disabilities Act which have caused the laws to be enacted. The ADA makes it punishable by law to discriminate against a person based on disability and has provisions to make companies accommodate a certain number of disables people. The Family and Medical Leave Act makes it necessary that each employee is granted twelve weeks of unpaid leave to take care of medical issues and crisis in case something of that nature comes up. There are applications to every employment law. While a federal law applies uniformly, it is not necessarily so for state laws. Being aware of the state and federal government laws is the duty of both employees and employers alike. Ignorance is not an excuse in court.
If an employment law is violated, it becomes necessary for an employee to hire an experienced legal counsel. There are so many laws covering broad categories and a number of factors affect the law’s applications. It may be required to initially get an agency to investigate the matter and provide impartial evidence of violation of a law, either on the employee’s side or on the employer’s side. Most companies, in general, prefer to arbitrate as going to a court is time consuming and costly. At other times, going to court is the only option. Finding an experienced and knowledgeable attorney is necessary no matter which law is in question.
Every employer must have state and federal employment law posters to ensure that all the employees and workers k now about these laws. These posters should be placed in an area where it can be easily read and it displays everything including the present legal wage standards and workers compensation act. It is immaterial if the state and federal posters are together or not. However it is necessary that all the information displayed is correct or the employer will be violating yet another law. Usually inspectors hand out warnings to employers who do not comply with this. In case the policy is disregarded even after the issuing of a warning, then a fine will be charged.

Employment Of The Disabled: A Delicate Aspect Of Employment Law

Law Article — Thu, 16 Jul 2009 07:01:13 +0000

One of the biggest challenges of managing a business of your own is the understanding of employment law. If you are the only worker in your business, this matter of employment law need not be your immediate concern. However, if you have people working in your company, a knowledge of employment law is a must.
Employment law covers a number of employment-related aspects, which you will not even be aware of till you are right in the middle of a critical issue that requires your immediate attention. One of the employment aspects that this law covers is the employmento f the disabled. When viewed from two different angles, this is what the law reveals: you have to throw your company open to all who wish to work in it, and you have to hire the disabled.
How to Hire a Disabled Person
If you don’t have any idea about hiring a disabled person, you had better contact the US Business Leadership Network. It comprises over five thousand American employers who aim at employing disabled people. They accomplish this task by creating a number of jobs for the disabled in various businesses.
Employment of the disabled in a sensitive area, and it is imperative that you understand this law very well. The law protects the disabled from being discriminated against. Disabled people who feel that they have suffered discrimination can sue the company.
Tips for Disabled Employees
If you are a disabled person who wants to lodge a complaint against discrimination, you should first study and know the employment law well. For instance, you can lodge complaint only if the offence is related to employment-related factors such as hiring, accomodation, training, benefits, promotion, or dismissal, to mention a few.
Before filing a complaint against discrimination research the various aspects of the law. Seek legal assistance if you don’t understand certain aspects of it. If you are a private sector employee, the set of laws that protect your interests are different from those that protect public sector employees. The various acts of these laws comprise timelines within which you have to complain. So, if you feel you have a reason to complain, don’t hesitate. Act immediately.
As per employment law, your duty is to try to resolve the problem as quietly as possible. First determine if your company has a conflict resolution policy for minor, internal disputes. Many companies do have such policies, and instead of going to court first, you could try an Alternate Dispute Resolution (ADR) procedure that could consume less time and money.

Worker Compensation Under Florida Employment Law – Learn More About It

Law Article — Thu, 16 Jul 2009 02:10:51 +0000

Working in Florida has certain advantages for its workers, which may be the reason why workers of Florida do not normally seek greener pastures in other States of the USA.
If you injure yourself in the course of employment in Florida, you need to report it immediately to the employer, or, within 30 days of the accident. Note the words: “in the course of employment” carefully.
The employer then in turn has to inform the insurance company of the accident within seven days of your notifying the employer. If the employer does not do so, you can directly inform the insurance company and seek assistance from the Employee Assistance Office.
As for the expenses of the medical treatment for the injury sustained during the course of employment (note these words carefully), the medical services provider would give you a form which you fill and sign, and the provider certifies it, and off it goes to the insurance company for payment. You don’t pay. The insurance company pays.
But if you don’t take the steps outlined above, you pay! So watch out!
Watch out also for this: Under Florida’s employment law you are paid ONLY if you are disabled for a minimum of 7 days or more due to the injury. If it is more than that say 3 weeks or more, then the whole period of disability, including the 7 day exclusion period, is paid for by the insurance company.
That takes care of medical aid. Now to compensation for your absence from the workplace.
This is rather a complicated system, and can be quite confusing to the layperson. Therefore, it is described here in a very broad and general manner. A mixture of formulae is used to calculate on the amount of compensation you would get. Broadly speaking, you will get two checks in a month of approximately 66 and 2/3 per cent of your average wage per week. No tax is required to be paid, except when you go back to work, even if it be light duty! In that case, the IRS would ask for its share of the pie! Normally, your first payment should reach you by three weeks from the date of you report the injury to the employer.
The Employment Law of Florida is quite comprehensive, and takes care of the needs of the workers in its State quite well. Should you be interested in finding about the various plans, the state of play, and the procedure, then all you have to do is to look it up on the net, or contact the Financial Services Department of Florida.

California Employment Law – Know More About It

Law Article — Wed, 15 Jul 2009 02:11:15 +0000

Thanks to the California Employment Law and the current California
Governor’s backing, California employees would be enjoying the benefits of getting the biggest hourly payment in USA beginning January 1, 2008. By
then, the California employment law ensure that a worker’s standard minimum wage is an hourly rate of $8.00, a rate that increased
from the former $7.50 per hour.
Furthermore, California employees will also enjoy developments when it comes to their meals as well as well their lodging benefits at in same percentage to that of increase given for
minimum wage. However, employers governed by the California employment
law could use the increases in meal and lodging credits to be counted
against the minimum wage if these employers have meals and lodging
provisions for their workers. For example, federal employees that work
outside of California will accept wages at only $5.15/hour because
their meal and lodging allowances were deducted from their hourly
rate.
Currently, the most debated concern with regards to California employment law would be the
the overtime pay. Discussions on overtime pay are almost like stepping
on a landmine, because the bone of contention is here is the proper
classification of workers. California Employment Law classifies
employees into either an exempt or non-exempt and the failure to classify
workers properly could cost big bucks for a company. If for example, an
employee is entitled to overtime but was classified as exempt, they
may be eligible for a big chunk of overtime pay later.
What then, is the difference between an these two classifications of workers.
California employment law states that if you are a a non-exempt employee than you should be paid regulations established by the Industrial Welfare Commission,
including overtime pay. Thus, a non-exempt employee should be
compensated for the hours he/she worked as overtime.
If in doubt regarding the category of your workers, consult the
California employment law codes and regulations or the Department of
Labor. Exemption of an employee depends with the degree of responsibility handling or professional status, and has nothing to do with
how they are paid (salaried or hourly rate) and what job title they
are holding.
Employees classified as exempt from overtime pay are usually licensed
professionals such as lawyers, doctors, engineers, architects or
certified public accountants.Other types of workers which are clasified into exempt are those having the same job as their employers. In addition, external sales reps and
employees who compose or create and make business policies with their
respective organizations are also exempt from overtime pay.
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To reiterate, inquiries that you may have about classifying your workers
and want to pay them in accordance with the law, may be consulted to your local
Department of Labor office and avoid problems that may crop up in the
future.