Mirror of Justice

Employment Laws – Putting Them To Use

July 17th, 2009 at 04:10pm Under Employment Law

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.

Jobs in Dubai – The Impact of Labor Laws

July 17th, 2009 at 01:06pm Under Labor Law

Finding the perfect job in Dubai can offer its own set of unique challenges.  The UAE has not been immune to the global economic crisis and competition for available jobs is stiff.  In addition, labor laws in the UAE can be confusing and seem to be in a constant flux.   By educating themselves on the basics of UAE labor law, employees can avoid many common pitfalls that may arise during their time working in Dubai.

Rights that job seekers take for granted in their home country may not necessarily apply in Dubai.  For example, there are no anti-discrimination laws in effect and employers can request anything from a certain nationality or age group to a certain appearance.  There is also no minimum wage.  An employee’s nationality is often a determining factor in the amount of pay offered, with Europeans and Arabs on the higher end of the scale and Asians on the lower end.   Because changing jobs in Dubai is not a straightforward process, it is a common (although illegal) practice for some employers to hold employee passports as security against absconding.  

An expatriate’s right to live and work in the UAE is tied to their sponsor, in this case the employer.  Once a job seeker is hired, an employment contract will be signed.  The contract is either fixed term or unlimited term.  A fixed term contract means that there is a specified start date and end date.  The contract cannot exceed three years, but can be renewed.  Unlimited term contracts list a start date but are open-ended.  They may be terminated by mutual consent or by either party giving 30 days notice.  A new employee may undergo a probationary period of not more than six months.  During this time the employee can be dismissed without reason or notice and he or she will not be entitled to any end of service benefits.  Contracts may also include a competitive clause which states an employee cannot work for a competitor for up to two years. 

Once a contract is signed the employee is legally bound to fulfill it. While laws regarding sponsorship have eased, allowing employees some movement between jobs if certain conditions are fulfilled, it still can be a challenging process.  In most cases, in order to transfer to a new job the employee must complete one full year of service at their current position and obtain an NOC (No Objection Certificate) from their current employer.  The NOC states that the employer releases the employee from any contractual obligations.  If an employee’s work permit is cancelled without the NOC, a six month ban will be issued against the employee.  This means that while they can reenter the UAE on a visit visa during the ban, they will not be issued a new work permit for six months.  There are certain categories of workers who are exempt from these rules, including employees of government departments and Free Zone areas (such as Dubai Media City, Knowledge Village, and Internet City).  Free Zone workers are not under an individual company’s sponsorship, but under the sponsorship of the entire Free Zone area itself.  As such, they can transfer to a new job within the same Free Zone without an NOC.  Employees sponsored by their spouses also have greater freedom of movement between jobs.

While Dubai offers an exciting, multi-cultural work environment coupled with tax free income, employees do need to be aware of how job regulations can affect them.  The government of Dubai is currently reviewing labor laws, particularly the six month ban rule, in light of the current global economy.  Changes giving workers more rights and greater flexibility to move from one job to another may be on the horizon.

Employment Law Training Suggests Employers Offer Alternative Jobs Before Redundancies

July 16th, 2009 at 10:11am Under Employment Law

Several tips and pitfalls for employers regarding offering and moving employees to new jobs as an alternative to making staff redundant. Employment Law Training offers UK businesses the full picture of options when axing staff looms.

Employers facing a round of tough redundancies should consider offering staff alternative jobs instead.

In today’s increasingly competitive marketplace, some employers may well find they face tough decisions, with the harsh reality being that they have no option but to make some of their workers redundant.

This is obviously a difficult situation, but one which more and more companies are faced with as the economy struggles to cope on the verge of a possible recession.

But have you considered all the options – don’t just jump in straight away and take the drastic step of axing staff without exploring every other possible approach.

Could you for instance minimise the impact of your difficult position by finding alternative roles for those staff within your organisation instead? It may take time to work this out and solve the jigsaw puzzle of moving people around between different departments, but it could be well worth the patience and effort.

This approach though may seem to be the perfect solution, and could save you from the dreaded redundancy announcement.

But employers need to make sure they stay on the right side of the Employment Rights Act 1996 when it comes to managing the process.

You don’t want to find that simply by trying to help your employees, you are contravening the rules and getting your company into trouble.

The Employment Appeal Tribunal has also set out new guidelines to explain how you should manage the offer of an alternative job and there are definitely pitfalls you need to avoid.

Employers should offer the person a trial period in the new potential job, usually four weeks is the right kind of timescale as it will give you, and them, the chance to carefully assess whether it’s a suitable move.

Communicate clearly to the employees involved how the trial period for an alternative job will operate, right from the start – don’t leave them in any doubt about where they stand.

Ensure they know that if they want to turn down the new job, they must do it within the four-week period, because if they don’t, and the four-week deadline passes without a formal decision, they could forfeit their right to a statutory redundancy payment.

Make sure too that any proposed alternative employment is actually suitable for the employee involved, and not just a position where you happen to have a vacancy.

Offering your staff a job which you know will be beyond their skills or totally out of their remit could put you at risk of an unfair dismissal claim.

It’s completely understandable that bosses should want to try to help their staff, particularly if they’ve been with your company a long time, but make sure you’re operating within the guidelines, and that an alternative job offer really is appropriate.

You don’t want to make a difficult situation even worse by raising their hopes of avoiding the axe with a possible new job offer, only to find that it’s not right for you or them, and they are faced with being made redundant after all.This article is free to republish provided the authors resource box below remains intact.

Investing In China: Hiring, Firing And Labor Law

July 16th, 2009 at 07:06am Under Labor Law

One of China’s major attractions for foreign investors is its low labor costs. In the central provinces entry-level laborers can be hired for as little at US$60 per month and college graduates work for as little as US$150 per month, although labor costs in the more affluent coastal provinces are about three times as high. Furthermore, because there is a shortage of skilled labor and white collar management in the coastal provinces, additional incentives might be required to attract highly qualified employees (this is not so much of a problem in the central and western provinces). Employers can be recruited and hired directly in most cases, although there are many public and private employment agencies that will assist the foreign investor in recruiting qualified staff. In joint ventures, the Chinese partner is usually responsible for recruitment, although this is something that can be negotiated between the parties.
Employment law in China is in some ways more protective of employees than US labor law. Labor matters in China are generally governed by the P.R.C. Employment Law (although certain other national legislation also provides guidance). Where national law is silent, provincial and local laws apply, but in the event of a conflict between provincial/local laws and the Employment Law, the Employment Law prevails, much in the way as federal law trumps state law in the US.
Employment contracts are generally required and normally stipulate probation periods of no more than six months. A thirty-day advance notice and good cause are normally required in order to fire an employee after the expiration of the probation period (although employee incompetence and company business reverses considered good cause subject to certain restrictions). An employee can be immediately fired for serious misconduct.
The eight-hour workday and the forty-hour workweek are standard for blue collar employees, overtime pay is mandated by law, and there are legal limitations on how much overtime can be required. Paid leave is also required, although the required length varies according to local regulations (usually not exceeding two weeks per year). There are special protections on the type of labor that can be assigned to women and teenagers, and the minimum working age is 16. None of this should be unfamiliar to those familiar with prevailing US labor practices.
Nevertheless, Chinese labor law does include certain unique features that foreign investors should be aware of:
(1) In the event of a labor dispute, arbitration is required before the case can be taken to court.
(2) There are three funds to which both employer and employee must contribute:
1. Endowment Insurance (a kind of social welfare fund) – the employee contributes 5% of his salary, employer pays an amount equal to about one-fourth of the employee’s salary (amounts vary by locality).
2. Unemployment Insurance – the employee pays 1.0%, employer pays 2.0%.
3. Hospitalization Insurance – Employee pays 2.0%, employer pays 8.0 .
In each of the foregoing cases, the employer deducts the employee portion from the employee’s paycheck, but must pay the employer’s portion out of its own pocket in addition to the employee’s regular wages. Also keep in mind that the foregoing amounts may vary somewhat according to locality. There are also certain funds that employers must contribute to, such as an employee labor union fund (generally about 2 of payroll).
A prospective foreign investor would do well to keep abreast of breaking developments in this area, because the law is rapidly evolving.

Employment Law Training Increase by Businesses That are Combating the Use of Modern Technology

July 16th, 2009 at 04:10am Under Employment Law

Modern technology in the workplace is a vital tool, from mobile phones to Blackberries, but it should not be used to take shortcuts in the workplace. In today’s competitive marketplace, most businesses would not be able to survive without the very latest technology, but sometimes, companies and their staff can take things too far, and it’s important this is never allowed to happen.

There have been a number of cases where the use of modern technology has been a step too far. For example workers who frequently use their mobile phones to send messages at work, and there has also been a case where an employee “texted” his employer to say he would be off sick. Other breaches have involved online social networking websites where employees continue to use Facebook or Myspace during work time. It has even gone as far as MP3 players being used in the office, and cameras on mobile phones causing potential concerns over the invasion of personal rights. There are many cases like this which illustrate how modern technology can be exploited for all the wrong reasons.

On the other side of the coin, a recent employment tribunal decided that employees from an engineering firm, who were sacked by telephone, had been unfairly dismissed. The employees had missed out on wages, holiday pay, pension contributions and redundancy pay. Some of the workers at the firm did not receive the telephone message and when they turned up for work as usual the next day; they were turned away, which the tribunal ruled was completely unacceptable.

The employees affected by the case have now won compensation from their employer and are waiting to hear how much they will receive.

In the case of the employee who sent text messages to his employer to say he would be off work, the employee was sacked by the company and the case went to an employment tribunal. The company said he failed to follow procedures for reporting sickness or absence – but the tribunal decided the employee had been unfairly dismissed, and said a drop of “common sense” should have been applied to sort out the situation.

This case just shows that practices such as text messaging and other forms of modern technology, which are now so commonplace for the large majority of the population, can cause real difficulties in the world of business.

The best approach is to use modern technology to help make your business effective and competitive, but don’t use it to take shortcuts that could cause confusion and misunderstandings. The recent tribunal hearings have made businesses throughout the United Kingdom seek the expertise of employment law trainers to stay on top of the ever changing employment laws. It is a strong warning that all employers need to revisit their company policies and keep modern technologies up to date in contracts and policies. This will ensure there are fewer opportunities for conflict and confusion in the work place.

If in doubt it is always best to seek the assistance and advice from an employment law professional.This article is free to republish provided the author resource box below remains intact.

Employment Law 2008 Update for Businesses & Illegal Workers

July 15th, 2009 at 04:11pm Under Employment Law

You must always protect your business. UK employers have been warned that if they take on illegal workers they could face a prison sentence and / or massive fines.
That is the message from a new campaign launched by the Government to promote new rules which took effect this month. It is vital that companies take notice of this new legislation. The Home Office estimates it will cost more than £27m for businesses to acquaint themselves with the new law which shows how important it is for UK businesses to regard the changes.
For every illegal worker you negligently hire, you could be fined up to £10,000 or face up to two years in prison, so this really is a serious situation. It is all in a bid to crack down on illegal workers in Britain by placing more emphasis on employers to take note of who they are employing and carry out proper background checks. This in effect means businesses should become much more proactive in demonstrating that they are adhering to these new laws.
Also if an employer is found to be breaking the law they could lose the right to recruit from outside the European Union altogether. This puts pressure on recruitment agencies that specialise in foreign recruitment to make better checks on the people that they refer to local UK businesses. It also gives a strong international message that the UK’s tougher new employment laws have made it more difficult to work in Britain illegally. And for residents here in Britain it shows that there is a crackdown on illegal workers – all in aid of a wider shake-up of the immigration system as a whole.
The Border and Immigration Agency undertakes regular enforcement operations against illegal working in the UK, and in 2006, they carried out over 5,200 raids, removing more than 22,000 people from the UK in only one year.
To obtain more direct information the Home Office has improved their help line that claims to offer more accurate and specific advice to businesses.
Employers who condone illegal working attract illegal migrants, which means they can pay them less money and so undercut the wages that would be paid to legitimate employees. The new Government rules are designed to protect the UK’s workforce, and help employers to run a cost-effective but efficient business. There have been some concerns about racial discrimination cases against employers doing background checks, but this can easily be avoided if your company has one procedure that is followed for every potential new applicant.
Employers of migrant workers, whose right to work in the UK is not permanent, will have a new responsibility to make periodic checks on the existing workers’ entitlement rather than simply checking their status only once before employment begins.
It’s important that all British companies familiarise themselves with the changes, and seek professional advice if they are unsure of the procedures they should follow to make sure they don’t employ illegal workers. Obtaining professional advice and revising company policies and procedures is a good way to safeguard the future of your business and assure that you are adhering to the new legislation.This article is free to republish provided this resource box below remains intact.

California Labor Lawyer Discusses the Filing of Harassment, and Discrimination Complaints with the EEOC, DFEH, and DLSE

July 15th, 2009 at 09:02am Under Uncategorized

When it comes time for a California labor attorney to choose which state or federal agency the California labor attorney should file a complaint with for harassment, discrimination, or retaliation on behalf of a client, and a California labor lawyer has a tough choice. Equally tough are the short statutes of limitation a labor lawyer in California has to file age discrimination complaints.

If you’ve been the victim of discrimination, harassment or retaliation in your employment in California, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

Despite the economy and the current economic condition of the State of California, the Department of Fair Employment and Housing, the EEOC and the Department of Labor Standards Enforcement (DLSE) division of the Department of Industrial Relations still advise California labor attorneys that they have the resources to investigate complaints.

Employees who have signed arbitration agreements or who have received threats of legal action if they file a claim with any of these agencies should first contact a California labor lawyer but should also note that the State of California and the Federal Government generally will not recognize such restrictions on California and U.S. employees. Indeed, attempts to restrict employees from having government agencies investigate wrongdoing by employers may undergo severe scrutiny.

Generally, valid waivers of rights must specifically refer to the rights or claims that are being waived. They may not generally waive rights or claims that may arise in the future without additional language. And they must advise the individual in writing to consult an attorney before signing the waiver.

The position of the EEOC, for instance, is that even a valid waiver of rights by an employee does not affect the EEOC’s rights and responsibilities to enforce the law. While a valid arbitration agreement may require arbitration between an employee and an employer, it does not bar the EEOC from seeking judicial relief on behalf of an employee.

Indeed, retaliation against an employee after she reports harassment or discrimination by terminating the employee, and then a company’s further retaliation either by threatening legal action or by termination may constitutes a separate claim on top of the original claim for harassment or discrimination. Unfortunately, employees without the benefit of counsel from a California labor lawyer may be taken in by such threats.

Both the DFEH, the EEOC may handle a discrimination, harassment and retaliation claim and the DLSE/DIR’s Sacramento office which enforces retaliation laws, may act simultaneously, so long as the matters are timely filed with each agency within the appropriate statutes of limitations.

With the DFEH, once the employee or ex-employee makes an appointment to start the process, the wheels will begin turning but the statute of limitations is not tolled until a complaint is filed by the employee. With the EEOC, once the employee files an intake questionnaire and an affidavit describing the discrimination, the filing requirement will be met with the EEOC, after which the EEOC will notify the employer of the filed charge. After the EEOC receives the charge, they are obligated to conduct an investigation and they have the power to issue subpoenas in connection with their investigation. If the EEOC finds unlawful discrimination, they have the power to eliminate such unlawful practices. Even an enforceable agreement binding an employee to arbitrate disputes with the employer does not affect the EEOC’s power to sue the employer to enjoin further violations. Nor does it bar the EEOC from seeking victim-specific relief, including money damages.

If the EEOC is unable to secure a conciliation agreement with an employer within 30 days after a charge is filed, the EEOC may file a civil action against the employer and may seek temporary or permanent relief.

If the DFEH decides to pursue a matter themselves, they may issue an accusation and prosecute the claim before the Fair Employment and Housing Commission (FEHC). Like the EEOC, the DFEH has the power to issue subpoenas, take depositions and serve written interrogatories. If they find a violation, they will seek to eliminate it.

The DFEH has the authority to issue cease-and-desist orders, and to award reinstatement, backpay, front pay, emotional damages, and an administrative fine. The amount of that fine is determined by factors which include willful, intentional or purposeful conduct, refusal to prevent or eliminate discrimination, conscious disregard for the rights of employees, commission of unlawful conduct, intimidation or harassment, conduct without just cause or excuse and multiple violations of the FEHA.

While the amount awarded for emotional distress may not exceed $150,000 for each person, an additional amount of $150,000 may be awarded for intimidation. The FEHC may also award reasonable attorney fees, including expert witness fees to the prevailing party. However, the award to the prevailing party is discretionary and the courts generally do not require a losing plaintiff to pay the employer’s California labor attorney’s fees and costs.

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of race and color, as well as national origin, sex and religion. It applies to employers with 15 or more individuals. It is unlawful for an employer to discriminate against any individual, even if that discrimination is prompted by the racially motivated actions of other employees.

Title VII prohibits offensive conduct that is unwelcome and offensive, and that is severe or pervasive. Employers are required to take appropriate steps to prevent and correct unlawful harassment. Employers may not fire or otherwise retaliate against or take an adverse action against an individual for filing a charge of discrimination.

Adverse actions include an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Prohibited acts of retaliation can occur after termination and receive the same scrutiny by the DFEH whether they occur before or after termination.

Protected activities of employees include complaining to anyone about alleged discrimination against oneself or others, taking part in employment discrimination proceedings, and filing a charge of employment discrimination.

While the amount of damages that can be awarded for compensatory and punitive damages recoverable under Title VII go up to only $300,000 against companies with 501 or more employees, there are no such limits under the FEHA. Even under Title VII, damages for emotional distress may be awarded. Title VII specifically authorizes compensatory damages for emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other nonpecuniary losses.

Before the Civil Rights Act of 1991, neither compensatory nor punitive damages were recoverable under Title VII. By contrast, both types of damages were and are available under the FEHA. Punitive damages are also now available against nongovernmental entities under Title VII for cases of intentional employment discrimination, including cases proved by disparate treatment where the respondent engaged in a discriminatory practice with malice or reckless indifference to the federally protected rights of an aggrieved individual. The standard is similar with the FEHA.

One of the recurring themes employers use to justify the termination of an employee they have harassed or discriminated against to California labor lawyers, is that the termination was part of a planned reduction in employees. However, under the law, even if good cause exists for a reduction in force, an employer’s decision to lay off certain employees while retaining others may be challenged by a California labor attorney under applicable anti-discrimination laws. A case involving just this situation receiving a great deal of national publicity involves the lay offs of a disproportionate number of women from Wall Street institutions.

Employers are bound by state laws that provide greater protection for employment than comparable federal laws, which is the reason most employment claims are filed with the FEHA.

When it comes to harassment and retaliation, the California constitution prohibits harassment based upon factors which include race, color, sex, national or ethnic origin. Discrimination based on physical or mental disability, marital status, a medical condition (including pregnancy and child birth) and sexual orientation is also prohibited. The FEHA also requires employers to take all reasonable steps necessary to prevent discrimination and harassment from occurring.

With the DFEH, the interviewing consultant drafts a formal complaint. If the complaint is accepted for investigation, the complaint is also filed with the EEOC. After the DFEH issues an accusation, the DFEH may litigate the case in a public hearing before the Fair Employment and Housing Commission. If emotional distress damages or administrative fines are sought, the employee can have the case moved to a civil court. If the case is moved to court, the DFEH prosecutes, but the complainant is the real party in interest.

Government codes section 12965(b) requires that individuals must exhaust their administrative remedies with the DFEH by filing a complaint and obtaining a “right-to-sue notice” from the Department before filing a lawsuit. The DFEH, however, will accept requests for an immediate “right-to-sue-notice” from persons and from their California labor lawyers for clients who have decided to proceed in court. A DFEH complaint must be filed within one year from the last act of discrimination or you may lose your right to file a lawsuit.

Once a “right-to-sue-notice” is received from the DFEH, the employee has one year to file a civil lawsuit. Failure to do so may again cause you to lose your right to sue.

Common mistakes by harassment victims are not telling the person doing the harassment to stop, not documenting the harassment by that person, not reporting the harassment to your superiors, not making sure the employer is taking action to end the harassment, not obtaining medical or psychological help when needed, not realizing that retaliation is illegal, accepting the word of your employer that you do not have a case for harassment or discrimination, not filing a DFEH, EEOC or DLSE/DIR complaint within the time allowed, not having an attorney assess whether any arbitration agreement is binding, and not consulting with an attorney.

A complaint to the EEOC under Title VII of the Civil Rights Act of 1964 must be made within 180 days from the date of the incident. This period, however, is extended to 300 days if the employee also files a complaint with the DFEH. Complaints of discrimination commonly include discrimination based on race, color, religion, sex, national origin, age, handicap, sexual orientation and retaliation or reprisal. That time period, however, can be reduced to as little as 30 days after a complainant receives notice that a state agency such as the DFEH has terminated its processing of a charge. It is thus best to contact the EEOC immediately whenever discrimination is suspected because of its short statutes of limitations.

In addition, many governmental agencies require that for an employee or applicant for employment to preserve their rights under EEO laws, they must contact an EEO Counselor within 45 calendar days of the alleged discriminatory action. There are exceptions and grounds for extending this period, but neither a complainant nor his or her California labor attorney does not want to be in a position to be having to argue those grounds as the complaint may be deemed too late to be accepted.

Once a complaint is filed with the EEOC, if the EEOC finds substantial evidence of discrimination, it will file a lawsuit. If the EEOC does not find sufficient facts to support the complaint, it dismisses the complaint and issues a “right to sue” letter to the complaining party. A lawsuit must then be brought by the complaining party within 90 days of receiving the Right to Sue letter from the EEOC.

A much less publicized and less known agency, even among California labor attorneys in the State of California at which complaints for retaliation and discrimination can be filed is with the Division of Labor Standards Enforcement (DLSE) of the Department of Industrial Relations (DIR). An employee or job applicant alleging violation of any law under the jurisdiction of the Labor Commissioner must file a complaint with the DLSE within six months of the adverse action. Adverse actions include unlawful discharge, demotion, suspension, reduction in pay or hours, refusal to hire or promote and other actions. There are, however, some exceptions to the 6-month deadline, but again, it is best to file a complaint as soon as possible to ensure that it is timely.

Filing a complaint with the Labor Commissioner does not prevent a person or their California labor lawyer from filing a private lawsuit.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been the victim of harassment, discrimination or retaliation in your employment in California.

Finally, an employee or job applicant who alleges retaliation for having complained about a workplace health or safety issue has the right to file a concurrent complaint with the federal OSHA within 30 days of the occurrence of the adverse action.

Employment Law Solicitors – 7 Essential Qualities to Look For!

July 13th, 2009 at 10:11pm Under Employment Law

Nobody needs to be reminded that due to the economic recession we are currently experiencing, times are hard for all businesses, whatever their size. Although it may not the first thing that comes to your mind if you are involved in running a business, clear, concise employment law advice should be strongly considered no matter what the economic climate, especially if you are looking to reduce the size of your workforce or review contractual terms and conditions. Consequently, here are seven tips on what to look for if you need employment law advice:

1. Ensure it is affordable 2. Risk Management Service 3. Regular Employment Meetings 4. Ask for a Risk Management Report 5. An Employment Manual 6. Insurance Cover 7. Online Consultant Servic

Ensure it is AffordableIt is obvious to most people that you want to ensure you get value for money from the advice you receive. However, there are inherent dangers in seeking the cheapest option. There is usually a reason you are given a low estimate of costs and it may be that the person concerned lacks the experience that you require. Many firms of solicitors with employment specialists now offer HR and employment protection schemes that were previously the territory of non legal firms. The advantage of selecting a firm of solicitors who operate such a scheme is not only their levels of expertise but that they will be fully insured with a well established complaints procedure if things go wrong. Unlike most of the non legal companies, you should also be able to find a solicitor’s employment law protection scheme that only lasts for one year, which allows you to evaluate the service over that period before you decide whether to renew the service or not. Risk Management ServiceA good employment law advisor will first of all carry out a free risk management audit, which is basically a health check of your employment practices. A specialist employment solicitor will visit you to look at your personnel records, review procedures, uncover any weaknesses, and assess what needs to be done to improve any problem areas. Regular Employment MeetingsYou should also ensure that the scheme offers regular employment meetings, where the company you have hired will meet and talk with you or your HR department, management team and other key members of your team. This will enable them to understand and review your terms and conditions of employment, disciplinary and grievance procedures, absenteeism, flexibility, equal opportunities and redundancy arrangements and to make appropriate amendments. A Risk Management ReportFollowing your health check, you should ask for a comprehensive risk management report. This will review your current policies, practices and compliance with legislation. It will also include an action plan for any improvements that could reduce the risk of disputes with your staff. An Employment ManualIf you have made the right choice in hiring an employment law advisor, they will also supply you with an employment manual – an invaluable source of reference for good employment practice. This includes information on fair procedures for recruitment and absenteeism, guidance on how to draft employment contracts, a selection of over 100 specimen letters and forms, and many other aspects of good HR practice. Insurance CoverInsurance cover is also important. When you’re protected by insurance cover, you’ll no longer have to worry about the costs of defending an action brought against you by an employee as a high-quality policy will cover legal costs and expenses to defend employment disputes of up to £100,000 per claim. In certain circumstances, compensation awards that you’re ordered to pay by an employment tribunal and out of court settlements agreed by insurers will also be covered. Online Consultant ServiceIn this age of modern technology, it may seem like a given but some Employment Law Advisor do not necessarily offer online consultant services. By using an external consultant service you have control over exactly what HR services are delivered to you and how it is implemented. This article is free to republish provided the authors resource box below remains intact.

California Women’s Rights Attorney Says Employment Discrimination Lawsuits Under the Fair Pay Act of 2009 Will Finally Get Women Equal Pay

July 13th, 2009 at 09:01pm Under Uncategorized

As a result of the first bill signed by President Obama, women finally have a much greater chance of receiving pay that is equal to what men receive for the same work from an employer. However, it is still likely to require the filing of numerous lawsuits before employers come to grips with the fact that they can no longer get away with paying less money to women.

 

On January 29, 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act of 2009, the first bill signed into law by the President paving the way for these lawsuits to require that equal pay be given to women, by way of seeking back pay awards for the difference they were paid and what men were paid for the same work.

 

If you have been discriminated against in your employment in California by receiving less pay for the same work performed by persons of the other gender, even though the statute of limitations has been extended by this Act, you still need to speak with a women’s rights lawyer or an employment attorney as soon as possible.

 

If you are a woman and you’ve been receiving less pay than men are receiving for the same work from the same employer, visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.

 

Prior to the Act becoming law, as a result of a Supreme Court ruling, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued.

 

And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

 

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

 

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

 

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

 

The Fair Pay Act is a major victory for women in California who have long been discriminated against in the pay they receive for the same work that men perform and are paid substantially more in many places. It has been determined that women have been earning only 77 cents for every dollar a man earns. This Act will likely go a long way in addressing that unfairness, although it will likely require a good many lawsuits to hammer this home to employers who discriminate against women in their pay guidelines.

 

With the signing of this Act into law, initial victories in CA against an employer will likely lead to settlement of other lawsuits for co-employees who have been discriminated against in the same manner by the same employer.

 

Those who would say that the Act will lead to the employment of less women in such positions by employers fearful of such lawsuits simply don’t understand the anti-discrimination laws in this country and the greater risk employers would be taking if they adopted such a discriminatory stance in their hiring practices.

 

Even with the retroactive effect of the Act, employers in California may be slow to increase the salaries and hourly rates of their women employees until lawsuits begin to fly. Employers who have previously gotten away with discriminating against women in CA may only react in more numbers when they begin to feel the full weight of the law themselves or see large judgements against other employers who have discriminated against women.

 

Visit our website at http://www.sebastiangibsonlaw.com and call us if you have been discriminated in your pay from an employer in California based on your being a woman, compared with the pay received by men for the same work

 

The votes in favor of the bill in the Senate included every Democratic senator except Senator Edward Kennedy who was absent because of his health, and all four Republican women senators. Every Republican male senator except Arlen Spector voted against it. If that won’t come back to haunt the Republicans in the next election, it is hard to imagine what else they will do to alienate themselves more from the women’s vote.

 

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

Employment Law – How to Make it Work for You in a Recession!

July 13th, 2009 at 10:11am Under Employment Law

As every media outlet in the UK and beyond has been repeatedly telling us for the past couple of months, we are already in a period of economic recession. As you will also be aware, this means a tough time for businesses small and large. A topic that might not immediately spring to mind when you think of this, however, is that of Employment Law and in particular the risks you are taking if you your employment procedures are not compliant. For both employees and employers alike, this is an area that needs to be closely inspected in case the recession reaches the low point that it is forecast to reach. Yet it’s not just the consequences of the credit crunch which might lead you to look at Employment Law a little more closely. Over the past 20 years there has been a steady rise in the amount of employees taking their employers to court over decisions that they felt, after seeking legal advice, were not in accordance with Employment Law. This has particularly been the case over the past five years since the introduction of a huge amount of protective employment law and regulations that companies now have to comply with. Although much if it is the codification of simple good practice, there are a number of areas where companies continue to trip up – indeed, it can be a minefield. It can be a traumatic experience for all parties involved, not to mention for those connected to parties involved, which is why knowledge in this field of law is especially useful. Good advice will reduce any stress and worry involved, so that you can rest assured that your procedures are watertight and potential claims are limited. There are various reasons as to why an employee might take legal action against his former (or sometimes current) employer. Three of the most frequent reasons include Harassment, Discrimination, and Unfair Dismissal. Discrimination is a common complaint, particularly since the instigation of the Human Right Acts, and it can take a number of forms. The grounds on which people are discriminated against comprise of anything including: 1. Sex 2. Race 3. Disability 4. Religious Belief 5. Age 6. Sexual OrientationInstances in which it is unlawful for an employer to discriminate against you on the grounds of these include: • Refusing to employ or consider you for a job • Offering you a job on less favourable terms than others • Refusing to promote or transfer you to another job • Giving you less favourable benefits than a colleague • Shortening your working hours • Dismissing you or making you redundantThere is a huge amount of legislation relating to the different types of discrimination and it is imperative that your company complies rather than facing the consequences of not doing so. If a disabled person was to take legal action against their employer then they would do so upon the basis of the Disability Discrimination Acts of 1995 and 2005, for example. Another illustration of this would be the 1976 Race Relations Act, which makes it unlawful for your employer to discriminate against you on the grounds of your colour, nationality, ethnic or national origins. Harassment on the grounds of sex, including sexual harassment, is considered to be direct discrimination and is strictly prohibited by law. In broad terms, harassment can occur where: Unwanted conduct on any of the areas covered by the discrimination laws is apparent; an intimidating, hostile, degrading or offensive atmosphere is created; or the person is the recipient of embarrassing jokes, offensive jokes, pranks, or unwelcome physical or sexual advances. In addition to Discrimination and Harassment, there is the matter of Unfair Dismissal. If you are an employee and feel your employer has dismissed you unfairly then you might be able to make an unfair dismissal claim to an Employment Tribunal. However, in most instances you will need to have been employed for at least a year to make a claim. The onus is on you as an employee to show you have been dismissed and your employer to show they have a valid reason for dismissing you and acted reasonably in the circumstances. An important thing to note here is that (again, in most instances) a claim must be made within 3 months of the effective date of termination. Nevertheless, this may be extended to 6 months in some situations. Ultimately, it can only be beneficial to stay abreast of Employment Law to make sure you are treated fairly and treat your employees fairly, and it is important to get professional legal advice on any matter that might lead to legal action. This knowledge, in turn, will reduce any stress on your part, which any employee or employer will admit is a welcome consideration regardless of the economic climate. This article is free to republish provided the authors resource box below remains intact.