Articles Archive
Vital Contents and Issues in an Employment Contract
Normally when a person gets hired for a job, he is asked to sign documents that will bind him with his employers and define the terms and conditions of his employment. This document or set of documents is known as an employment contract.
Retaliation: How to Fight Back
Were you fired, demoted, or penalized for complaining about harassment or discrimination in the workplace?
Claim for Punitive Damages in Discrimination Cases
Punitive damages are awarded to set an example to potential wrongdoers not to do an act similar to the suit at hand. It is given not to compensate the plaintiff although the latter will receive some or the entire award.
Four Ways to Resolve Employment Dispute
In this method of resolving disputes, the involved parties will have to try to settle a certain issue on their own without any third party to assist them.
Employment Protection Made Possible by Written Contracts
A written contract is often used today to provide both employers and employees the necessary employment protection. It is a document signed by both parties which specifies the terms and details of their relationship.
Lawyer’s Help in Winning Labor Hearings
Labor hearings are usually conducted in order to resolve conflicts that may arise in the workplace. It is a legal proceeding wherein a specific issue is tried and pieces of evidence are presented to help in determining the issue.
Mediation Process: Resolving Dispute between Employers and Workers
Employment mediation is an alternative way to resolve a dispute between employers and workers. According to lawyers, most companies prefer the mediation process compared to a lawsuit which usually can drag for years and is considered to be expensive.
Fighting Discrimination Through EEOC
The Equal Employment Opportunity Commission (EEOC) promotes fairness and equality in employment by imposing various penalties against employers for violations in provisions regarding discrimination and harassment.
Arbitration: Resolving Dispute between Workers and Employers
Because court litigation is usually expensive and may drag on for years, arbitration is one of the most preferred alternative methods to resolve a dispute between employers and workers.
Employee Privacy Rights: Avoiding Intrusive Employment Practices
Under federal law, employers and companies should respect the privacy rights of their workers and avoid using intrusive employment practices.
Constructive Termination: Causing Emotional Distress to Employees
Some employers, thinking that they can avoid wrongful termination lawsuit, will intentionally make the working conditions intolerable to force their workers to resign. However, many courts interpret this practice as constructive termination and employers may still be held liable for a lawsuit.
Proving Workplace Retaliation Claims Against an Employer
One of the most complicated areas of employment law is workplace retaliation.
The Basics of the Fair Labor Standards Act
The Fair Labor Standards Act or FLSA is a federal law that applies to all covered workers engaged in interstate commerce or those employed by companies engaged in commerce or in the production of goods and services.
Tips in Handling Employment Mediation
One of the most commonly used alternative dispute resolution (ADR) to solve workplace disputes is employment mediation.
Common Labor and Employment Laws
There are more than 180 federal and state employment and labor laws that apply to employers and employees in Irvine, California.
ADA: Upholding Employment Rights for Disabled Workers
The Americans with Disabilities Act (ADA) upholds the employment rights for the disabled. It makes it illegal to discriminate against qualified individuals with disabilities.
Employment Manuals: Communicating the Company's Policies to Employees
Employment manual, also called as employee handbook, is a written guideline that will communicate the company’s policies to workers. It tells them what is the expected behavior from them as well as their responsibilities and duties at work.
The Rights of Workers to Have Meal and Break Times
While the federal law does not require companies to have break times, all employers who provide a rest period (usually for 5 five to 20 minutes) should consider this as a working hour that will be counted for a worker’s overtime wage.
English-Only Policy as a Form of National Origin Discrimination
The Equal Employment Opportunities (EEOC) has continually scrutinized policies of some companies to implement English-only policies in the workplace.
Understanding Compensation and its effects to Employees
Employee compensations play a big part in getting the right people for the job. An attractive compensation package attracts the right applicants to a vacant position and retains top quality employees.
At-Will Employment and the Rights of Workers
Most employers in the US follow at-will employment contract that allows them to discharge anyone without valid reasons and allows workers to quit anytime they want to. Despite having this employment contract, employers may still face wrongful termination lawsuit if they violated the workers’ legal rights.
How Much Should an Employee Get as Severance Package
Generally, a severance package is made up of pay and benefits given by an employer to a dismissed employee. But contrary to some belief, a severance package is not given as an entitlement prescribed by law, rather it is an employer’s prerogative – which means this benefit is given as a token under the employer’s discretion.
Exemptions from Overtime Provisions of the FLSA
Most employers are required by the Fair Labor Standards Act or FLSA to pay employees overtime if they have worked over 40 hours in a week.
Severance Pay for Departing Workers
Employers who are contemplating on giving out employment severance packages should tell their workers about certain requirements to become eligible to receive this additional separation benefits. The policy should also include the computation for the amount of severance pay.
FAQs about Title I of the ADA
Disabled individuals are protected from employment discrimination based on their disability by various federal and state laws. One of the laws that protect such individuals is the ADA or the Americans with Disabilities Act.
The Rights of Employees and Their Protection
To prevent employment abuses, the government passed several employment laws that will protect workers and uphold their rights. These laws were enacted to safeguard the rights of employees and for their protection.
Reporting Sexual Harassment in the Workplace
Despite the presence of laws that have been passed to protect people from sexual harassment, such forms of discrimination still exist in the workplace.
Coverage of Employment Law
Los Angeles is a place wherein many people work due to the high cost of living at present. These people are considered as fortunate because finding a good paying job is hard for many due to the severe competition among job applicants. However, although people who are employed can enjoy the financial stability it brings, there are instances wherein problems are caused by it.
Keeping Employees Safe in Work Places
Los Angeles is one of the most modern cities in the country. Many businesses and corporations thrive within the atmosphere of prosperity and development in the area. Thus, companies have increased their work force to stay competitive. As a result, different people with different culture would interact in one area or workplace.
Driving Harassment Cases Away from California
Workers and employees are sometimes involved in issues affecting the relationship with their employers. Sometimes, disputes are caused by violations of the law.
Things to do After an Illegal Termination
Wrongful termination is a delicate issue that may arise out of several causes. In California, for instance, an employee can lose his job even for no apparent reason.
Litigation Planning Strategy: Are Litigation Budgets Necessary?
The litigation planning strategy involves more than being up to date and being informed about what is happening and how much is the costing.
The Need for the Preparation of Employment Manuals and Agreements
Having manuals and agreements sets expectations on what the employees can expect from their employers and vice versa.
Protection Given to Whistleblowers
Federal laws continuously govern and protect whistleblowers from the possibility that their employers will perform an unjust act against them.
Dispute Resolution Methods: Eradicating Company Disputes
Dispute resolution methods include lawsuit, arbitration, mediation, conciliation negotiation and ombudsman.