CHAPTER 9. EMPLOYMENT LAW by John E. Bolmer, II. Regulation of Employment
|
|
- Nathan Harris
- 8 years ago
- Views:
Transcription
1 CHAPTER 9 EMPLOYMENT LAW by John E. Bolmer, II Regulation of Employment In most instances, the term "employer" means a person or entity which engages another to do work and which exercises the right of control over the manner in which the work is performed (48 Am. Jur. 2d, Labor and Labor Relations, 934). The relationship between an employer and an employee is one of the most important relationships affecting our day-to-day lives. It is not surprising, therefore, that the relationship is subject to a wide variety of laws at the state and federal level. The following are some of the many agencies and statutes involved in this area: (1) Occupational Safety and Health Administration (OSHA) -- safety in the workplace (29 U.S.C. 651 et seq.). (2) Fair Labor Standards Act of wage and hour regulation, minimum wages, child labor (29 U.S.C. 201 et seq.). (3) Equal Employment Opportunity Act of anti-discrimination in employment (42 U.S.C. 2000e et seq.). (4) Workmen's Compensation Act of Colorado -- insurance requirements for on-the-job injuries (C.R.S et seq.). (5) Americans with Disabilities Act of anti-discrimination against persons with disabilities (42 U.S.C et seq.). (6) Family and Medical Leave Act -- requiring unpaid leave for medical care (29 U.S.C et seq.). Minors in the Workplace The Fair Labor Standards Act of 1938 was an attempt to correct many of the problems Congress saw in the Depression-era workplace. One of the problems was the oppressive or dangerous employment of minors. The child labor provisions of the 1938 Act ban the shipment or delivery of "any goods produced in an establishment" using "oppressive child labor" (29 U.S.C. 212). (Note that Congress does not directly prohibit oppressive child labor, but only the shipment of goods resulting from such labor based upon the need to tie such prohibition to the powers given Congress by the U.S. Constitution.). "Oppressive child labor" means employment of persons under 16 (with numerous exceptions) or employment of persons between the ages of 16 and 18 in certain hazardous industries, such as mining (29 U.S.C. 203). Many of the child labor provisions are administered by the Children's Bureau in the Department of Labor. Colorado's statutes allow for a lower minimum wage for minors than for adults and list jobs that are "permitted" for youths nine or older (e.g., shoe-shining, gardening if no powerdriven equipment involved), 12 or older (e.g., baby-sitting, certain agricultural work), 14 or older (e.g., non-hazardous occupations in manufacturing, clerical work) and 16 or older (jobs 111
2 involving use of a motor vehicle, "if the minor is licensed to operate the motor vehicle for such purpose...") (C.R.S , ). The following table summarizes permissible and impermissible work by minors. Statutory Cite C.R.S C.R.S C.R.S (2) C.R.S (3) C.R.S (4) C.R.S C.R.S C.R.S Summary Minimum wage may be 15 percent lower for minors than for adults, unless a minor is emancipated, i.e., supporting oneself. No minor under age fourteen shall be permitted employment except for school work, chores, work done for a parent (parent cannot be getting paid for the work), newspaper delivery, acting, modeling, or otherwise performing. On school days, during school hours, no minor under age sixteen shall be permitted employment; no work after school for more than six hours unless the next day is not a school day. Except for babysitters, no minor under sixteen shall be permitted to work between the hours of 9:30 p.m. and 5:00 a.m. unless the next day is not a school day. No employer may work a minor more than 40 hours in one week or more than 8 hours in one day. At age 9, a minor may work in a non-hazardous occupation such as delivering handbills, shoe shining, yard work not involving power driven devices, snow removal by hand, caddying, and similar activities. At age 12, a minor may engage in the following non-hazardous occupations: door to door sales and delivery, babysitting, yard work with power driven devices, snow removal with power tools, and similar activities. At age 14, a minor may engage in the following occupations: nonhazardous jobs in manufacturing, messenger service, operation of elevators, janitorial work, clerical work, warehousing and storage, nonhazardous construction, retail food service, retail gasoline service, retail merchandising, occupations in restaurants and hotels, occupations in parks and recreation. Duties of the Employee A contract of employment may set forth the duties owed by the employer and the employee to each other and to others. Often, such a contract will spell out the grounds for which an employee may be discharged "with cause." In the absence of such a contract, most jurisdictions, including Colorado, have developed a catalogue of duties implied by the employment relationship itself. In most jurisdictions, the employee owes the following duties to the employer: (1) Obedience to orders and instructions of the employer; (2) Devoting time to the employment (that is, showing up during the specified hours); 112
3 (3) The duty to exercise reasonable care; that is, the duty to prevent harm to the employee and others caused by negligence. (see 27 Am. Jur. 2d, Employment Relationship, 216, 217, 218, 220). In addition to these on-the-job duties, many jurisdictions restrict the employee's ability to use trade secrets (including lists of clients or processes) or to compete with a former employer. Under a Colorado statutes, non-competition covenants (agreements by employees not to compete with their employers during and after their term of employment) are unenforceable, except in cases of (1) contracts for the protection of trade secrets, (2) contracts relating to sale of a business, (3) contracts providing for recovery of education expense for certain employees, and (4) contracts with executives, management or professional staff. Even in Colorado, where an employer may fire an employee not under contract for any reason (see "Firing" below), the employee's breach of his duties to the employer may be a significant issue. For example, the Colorado Employment Security Act provides for unemployment compensation to persons unemployed "through no fault of their own," but limits compensation to employees guilty of insubordination, careless work, and other breaches of their duties. Duties of the Employer The most obvious of the duties the employer owes to the employee is the duty to provide compensation for services, which is largely a matter of contract law. In Colorado, an employer's duty to pay promptly a discharged employee is governed by C.R.S , which provides for penalties (50 percent of amount owed) in the event payment is late. Most employers are also subject to the requirement to provide unemployment insurance, insurance for on-the-job injuries and a reasonably safe place of employment (C.R.S , et seq.; , et seq.; and 29 U.S.C. 651 et seq.). Most of the employer's duties have become the subject of legislation. (See "Regulation of Employment" above). The employer also owes duties to persons other than the employee. For example, under the theory of "respondeat superior" (literally translated: let the master answer), an employer may be held liable for negligent acts of its employee and may itself be liable for negligence in the hiring or supervision of its employees. (For a detailed discussion of negligence in the employment arena, see the "Torts" portion of this booklet). Employers are also responsible for withholding the proper amount of social security and other payments from the employee's check (26 U.S.C. 3101, 3403). Firing/Termination Firing (or what the Courts politely term termination of the employment relationship ) is often an emotional experience. It is not surprising, therefore, that civil actions based on discharge are common. Colorado follows the majority of states in generally refusing to recognize claims for wrongful discharge by employees without a contract. In Colorado, an at-will employee (one without a contract for a specific period of time) may be fired for any reason or for no reason (see, for example, Lampe v. Presbyterian Med. Center, 590 P.2d
4 (Colo. App. 1978) and Justice v. Stanley Aviation Corp., 530 P.2d 984 (Colo. App. 1974)). Such an employee is equally free to quit. A significant limitation on this rule is that an employee may not be fired for a "wrong" reason. Examples of improper bases for firing include: 1. Race, age, sex, religion, or national origin (42 U.S.C. 1983, 2000e-2(e); 14th Amendment; C.R.S ). 2. Refusal to perform an illegal act (Martin Marietta Corp. v. Lorenz, 823 P.2d 100 (Colo. 1992)). 3. Reporting the employer to certain regulatory agencies (see, for example, 42 U.S.C. 2000e-3(a). 4. Considerations contrary to public policy (Rocky Mountain Hospital and Medical Serv. v. Mariani, 916 P.2d 519 (Colo. 1996). For further discussion, see W.E. Wakefield, "Liability for Discharging At-Will Employee for Refusing to Participate in, or for Disclosing, Unlawful or Unethical Acts of Employer or Coemployees," 9 ALR 4th 329). PROBLEM 1: Consider the following situation: (i) Alice is the only black, female employee in a factory; (ii) she is over 50; (iii) she does not get along with her supervisor; (iv) she has recently been absent from work with no explanation or permission; and (v) recently, she was not properly credited for overtime and reported this fact to a state official. Alice is not under contract. Can she be fired? If so, on what basis? If not, why not? Explain. Under federal and Colorado law, it is clear that Alice could be fired for any of reasons iii or iv above or for no reason at all, but she may not be fired for any of reasons i, ii or v. The problem frequently faced is this: how does one determine the basis for firing an employee? Often, the answer to this question is left for the courts to establish. Colorado recognizes additional limitations on the right to fire an at-will employee. If the employer distributes an employee handbook or policy manual which contains specific procedures for termination of employment, and if the employee relies on those procedures, the employer may become bound to follow those procedures (Salimi v. Farmers Insurance Group, 684 P.2d 264 (Colo. App. 1984); Continental Airlines, Inc. v. Keenan, 731 P.2d 708 (Colo. 1987); Lutfi v. Brighton Community Hospital Ass n, 40 P.3d 51 (Colo. App. 2001)). Also, if an employer expressly covenants it will treat its employees fairly or that it will act in good faith towards them, the right to fire may be subject to that express contractual agreement. (Decker v. Browning-Ferris Industries of Colo., Inc., 931 P.2d 436 (Colo. 1997); Decker v. Browning-Ferris Industries of Colo., Inc., 947 P.2d 937 (Colo. 1997)). 114
5 Colorado Revised Statute Section creates an uncommon limitation to the right to fire. The statute prohibits terminating an employee "due to that employee's engaging in any lawful activity" away from work. An exception is allowed if the activity relates to an occupational requirement or is related to the responsibilities of the particular employee, or if the firing is necessary to avoid a conflict of interest or the appearance of a conflict of interest. This statute was intended to protect smokers from being fired for smoking off the job. But the language of the statute is not limited to smokers. PROBLEM 2: (a) Under the language of C.R.S , can someone be fired for being gay? (b) Can someone be fired for posing in a nude magazine? (c) Could the answers to these questions depend on the nature of the job and its duties? Hiring Many of the anti-discrimination and social policy provisions applicable to firing employees also limit the employer's absolute discretion in hiring employees. Often the motives for not hiring a particular person are a matter of speculation. The Americans with Disabilities Act ("ADA") was intended to bring persons with disabilities into the mainstream of the American workplace. The ADA defines "disability" broadly to include any physical or mental impairment that substantially limits one or more major life activities (such as breathing, seeing, walking, etc.). The ADA also protects those with a history of disability (such as a person who has recovered from heart problems) and those regarded as having an impairment. PROBLEM 3: (a) Is a person in a high risk group for AIDS disabled? (b) Is such a person regarded as having a disability? The ADA requires most employers to provide "reasonable accommodations" for those with disabilities to enable them to do the job. What is "reasonable" will vary from case to case and may depend, in part, on the financial resources of the employer. One example of a reasonable accommodation is the construction of a ramp to allow workplace access to wheelchairs. A significant feature of the ADA is that the cost of such a ramp would be borne by the employer. 115
6 PROBLEM 4: Two linebackers are considered by a professional football team. One is clearly a better player, but that one is also deaf. The deaf player could do the job if he had an interpreter on the sidelines. Is the team required to hire the deaf player? Why, or why not? Overtime and Minimum Wages The federal Fair Labor Standards Act establishes guidelines for most employers with regard to minimum wages and payment of overtime. The present federal minimum wage for businesses "engaged in commerce or in the production of goods for commerce" is $5.15 per hour (29 U.S.C. 206). In general, overtime at the rate of one and one-half of the standard hourly rate must be paid for all hours in excess of 40 during any one work week (29 U.S.C. 207(a)). Minimum wage and overtime requirements are subject to numerous exceptions. For example, there is a separate minimum wage for handicapped employees and students (29 U.S.C. 214). Furthermore, management, executive employees, and other classifications of employees are exempted from overtime provisions (29 U.S.C. 213). For those employees not covered by the federal Fair Labor Standards Act, Colorado's regulations may apply. The minimum wage under Colorado law is currently the same as the federal rate. (Colorado Division of Labor, Minimum Wage Order No. 21). Minors and handicapped persons may be paid 15 percent less than the adult minimum wage (C.R.S ). Overtime, under Colorado law is work in excess of 40 hours in any week or work in excess of 12 hours in any shift. Federal and Colorado statutes prohibit an employer from discriminating in the amount of wages paid based on gender (C.R.S ; 42 U.S.C. 2000e-2(e)). Issues related to equal pay for equal work revolve around the question of what constitutes equal work. Employers cannot discriminate solely on the basis of gender, but some other basis (such as seniority with the company) may provide justification for salary differences. Worker's Compensation The primary purpose of Colorado's Workmen's Compensation Act is to compensate employees for job-related injuries regardless of fault (Frohlich Crane Service, Inc. v. Mack, 510 P.2d 891 (Colo. 1973)). The Colorado system is typical of the jurisdictions with workmen's compensation statutes in that employees are compensated regardless of any negligence on their part. This feature represents an increase in liability of the employer. As a trade-off to this increase, however, employers responsible for injuries are granted immunity for most claims of the employee. 116
Quick and Easy Guide to Labor and Employment Law. Provided by Baker Donelson
Quick and Easy Guide to Labor and Employment Law Provided by Baker Donelson Disclaimer: These materials do not constitute legal advice and should not be substituted for the advice of legal counsel. At-Will
More informationThe ADA: Your Reponsibilities as an Employer
The U.S. Equal Employment Opportunity Commission The ADA: Your Reponsibilities as an Employer ADDENDUM Since The Americans with Disabilities Act: Your Responsibilities as an Employer was published, the
More informationWage & Hour Exempt Employees, the Salary Basis Test and Unlawful Deductions. By: Christina Lewis
Wage & Hour Exempt Employees, the Salary Basis Test and Unlawful Deductions By: Christina Lewis Exemptions under the FLSA Executive Employees Administrative Employees Professional Employees Computer Employees
More informationUtah Labor Commission Industrial Accidents Division. Employers Guide to. Workers Compensation
2015 2016 Utah Labor Commission Industrial Accidents Division E m p l o y e r s G u i d e Employers Guide to Workers Compensation Utah Labor Commission Industrial Accidents Division Employers Guide to
More informationWHAT POLICIES SHOULD AN EMPLOYER HAVE IN PLACE TO PREVENT LAWSUITS?
WHAT POLICIES SHOULD AN EMPLOYER HAVE IN PLACE TO PREVENT LAWSUITS? Many Employers Are Unaware of the Types of Policies Necessary to Limit Lawsuit Risk or of How to Effectively Draft Employment Policies
More informationSEPARATION AGREEMENT AND GENERAL RELEASE. into by and between ( Employee ) and ( the
SEPARATION AGREEMENT AND GENERAL RELEASE This Separation Agreement and General Release ( this Agreement ) is made and entered into by and between ( Employee ) and ( the Agency ) (collectively, the Parties
More informationBy: Gerald M. Richardson
MANAGING THE RISKS POSED BY THE THREE PUBLIC POLICY WRONGFUL DISCHARGE CASES RECENTLY DECIDED BY THE MISSOURI SUPREME COURT By: Gerald M. Richardson I. An At Will Employee Can Sue His Employer on a Claim
More informationThe ADA: Your Employment Rights as an Individual With a Disability
The U.S. Equal Employment Opportunity Commission The ADA: Your Employment Rights as an Individual With a Disability The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in
More informationTHE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT
THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT By: Benjamin D. Briggs Anna C. Curry TROUTMAN SANDERS LLP 600 Peachtree Street NE Bank of America Plaza, Suite 5200 Atlanta, Georgia
More informationDiscrimination. Chapter. In This Chapter
Age Discrimination Chapter Age discrimination may be difficult to detect unless you know your rights. This chapter will familiarize you with Oregon and federal laws employers and others must follow to
More informationSTATE & FEDERAL COMPLIANCE REQUIREMENTS. Creating and Maintaining an Employee Handbook 10/19/2012 CREATING & MAINTAINING AN EMPLOYEE HANDBOOK
Creating and Maintaining an Employee Handbook STATE & FEDERAL COMPLIANCE REQUIREMENTS 1 EEOC / OCRC EEOC laws apply to employers with AT LEAST 15 EMPLOYEES (20 for ADA) OCRC laws apply to Ohio employers
More informationAt-will employment is a fundamental principal of US employment:
At-will employment is a fundamental principal of US employment: Most US employees are employed at-will meaning that an employee can leave his or her employment at any time without notice, for any reason
More informationON THE JOB. Employment
ON THE JOB Employment In order to work in the United States, you must have a social security number, as required by the federal Social Security Act. If you do not have a social security number, you have
More informationIndependent Contractor? or employee?
Independent Contractor? or employee? W H AT Y O U N E E D T O K N O W ABOUT HIRING INDEPENDENT CONTRACTORS What is Worker Misclassification? At first glance, it might be hard they to tell the difference
More informationThailand. Introduction. Terminations. Restrictions On Employers
Thailand Introduction The major laws that determine the relationship between employers and employees in Thailand are the Civil and Commercial Code, the Labor Relations Law, the Labor Protection Act, the
More informationCo-op. Cooperative Education Employer Handbook
Co-op Cooperative Education Employer Handbook Contents Information contained in this booklet has been prepared for the purpose of describing the role of employers participating in the cooperative education
More informationDivision of Workers' Compensation
1 of 5 10/14/2010 11:32 AM Division of Workers' Compensation Frequently Asked Questions Employer FAQs Who needs Workers' Compensation coverage? How does an employer obtain workers' compensation insurance?
More informationKnow your rights. under Minnesota laws prohibiting age discrimination It is unlawful for an employer to: refuse to hire or employ
Age discrimination Know your rights under Minnesota laws prohibiting age discrimination It is unlawful for an employer to: refuse to hire or employ reduce in grade or position or demote discharge or dismiss
More informationCONSULTING SERVICES and CONTRACT LABOR AGREEMENT
CONSULTING SERVICES and CONTRACT LABOR AGREEMENT This Consulting Services and Contract Labor Agreement ( Agreement ) is made and entered into as of the day of, 20 (the Effective Date ) by and between Volkswagen
More informationWHISTLEBLOWING AND CONDUCTING INVESTIGATIONS. Eileen P. Kennedy Berliner Cohen
WHISTLEBLOWING AND CONDUCTING INVESTIGATIONS Eileen P. Kennedy Berliner Cohen 1 Topics I. New Laws Protecting Whistleblowers. II. III. IV. Other Anti-Retaliation and Whistleblower Protections. Discipline
More informationAnti-discrimination Laws: Utah
CHRISTINA M. JEPSON, PARSONS, BEHLE & LATIMER, WITH PRACTICAL LAW LABOR & EMPLOYMENT A Q&A guide to state anti-discrimination law for private employers in Utah. This Q&A addresses Utah laws prohibiting
More informationEmployment Protections for Domestic Workers: An Overview of Federal Law 1
Employment Protections for Domestic Workers: An Overview of Federal Law 1 The National Domestic Workers Alliance and our affiliate organizations around the country organize to win respect, recognition,
More informationSUMMARY OF CIVIL RIGHTS LAWS, ACTS, AND AMENDMENTS
SUMMARY OF CIVIL RIGHTS LAWS, ACTS, AND AMENDMENTS Declaration of Independence (1776) WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with
More informationNew Hire Submission and Return Receipt PLEASE SUBMIT FORMS TO: SERVICE@ADVANCEDPEO.COM OR FAX 1-866-611-9598
1933 E EDGEWOOD DR SUITE 102 LAKELAND, FL 33803 1-877-518-2881 WWW.ADVANCEDPEO.COM New Hire Submission and Return Receipt PLEASE SUBMIT FORMS TO: SERVICE@ADVANCEDPEO.COM OR FAX 1-866-611-9598 Notice to
More informationAnti-discrimination Laws: North Carolina
View the online version at http://us.practicallaw.com/w-000-2332 Anti-discrimination Laws: North Carolina J. TRAVIS HOCKADAY, SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, LLP, WITH PRACTICAL
More informationIC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons
IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons IC 22-9-5-1 "Auxiliary aids and services" defined Sec. 1. As used in this chapter, "auxiliary aids and services" includes the following:
More informationThe Rehabilitation Act of 1973 Sections 501 and 505
The Rehabilitation Act of 1973 Sections 501 and 505 EDITOR'S NOTE: The following is the text of Sections 501 and 505 of the Rehabilitation Act of 1973 (Pub. L. 93-112) (Rehab. Act), as amended, as these
More informationLABOR AND EMPLOYMENT DESK BOOK. USA - MINNESOTA Briggs and Morgan, P.A.
LABOR AND EMPLOYMENT DESK BOOK USA - MINNESOTA Briggs and Morgan, P.A. CONTACT INFORMATION Michael T. Miller Briggs and Morgan, P.A. 612-977-8515 mmiller@briggs.com 1. Do you have a plant closing law in
More informationCaregiver Discrimination. by Patti J. Skoglund
: by Patti J. Skoglund pskoglund@jlolaw.com 8519 Eagle Point Boulevard, Suite 100 Lake Elmo, Minnesota 55042-8624 (651) 290-6500 EMPLOYMENT LAW WHAT S NEW? I. FAMILY RESPONSIBILITY DISCRIMINATION FRD New
More informationEmployment and Labour Law in Canada
Employment and Labour Law in Canada By Colin Kelly & Sven Poysa Frequent changes in Canadian employment and labour law present a significant challenge for employers doing business here. That challenge
More informationCENTRAL VIRGINIA LEGAL AID SOCIETY, INC.
CENTRAL VIRGINIA LEGAL AID SOCIETY, INC. 1000 Preston Ave, Suite B 101 W Broad, Ste 101 2006 Wakefield Street Charlottesville, VA 22903 Richmond, VA 23241 Petersburg, VA 23805 434-296-8851 (Voice) 804-648-1012
More informationExample: Instead of requiring applicants be able to lift 20 pounds, say that applicants must be able to lift infants and toddlers for diaper changes.
Know the Law About Hiring an Assistant in Your Family Child Care Home in California To help care for the children in the child care program, family child care providers sometimes need to hire an assistant.
More informationAt-Will Employment BUT NOT FOR THE WRONG REASON!!
At-Will Employment The Employer Is Free to Discharge An At-Will Employee FOR GOOD REASON, BAD REASON OR NO REASON AT ALL BUT NOT FOR THE WRONG REASON!! We ve all seen situations like this! Marty Manager
More informationPROJECT 375 EMPLOYMENT APPLICATION
PROJECT 375 EMPLOYMENT APPLICATION Thank you for your interest in PROJECT 375. Our application process is built to ensure the very best experience for you the applicant. Please follow these instructions
More informationDefense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010
Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment
More informationDo you know your ABCs? An Alphabetical Primer on Employment Law
A Legal Newsletter for Employers & Human Resource Professionals By: L. Diane Tindall, Mary M. Williams and J. Kellam Warren Attorneys-at-Law Our Business Is Law. WYRICK ROBBINS YATES & PONTON LLP Issue
More informationFAIR LABOR STANDARDS ACT UPDATE: The Fair Pay Rules. Matthew Scott Disbrow, Esq.
FAIR LABOR STANDARDS ACT UPDATE: The Fair Pay Rules Matthew Scott Disbrow, Esq. I. THE FAIR LABOR STANDARDS ACT The United States Congress passed the Fair Labor Standards Act, 29 U.S.C. 210, et. seq. (
More informationAPPLICATION FOR EMPLOYMENT
APPLICATION FOR EMPLOYMENT SEABORNE AIRLINES, (hereinafter Employer or The Company ) is an equal opportunity employer and does not unlawfully discriminate in employment. No question on this application
More informationAre Employee Drug Tests Going Up in Smoke?
Are Employee Drug Tests Going Up in Smoke? Robert D. Meyers Meghan K. McMahon On January 1, 2014, the nation s first marijuana retail stores opened in Colorado. This landmark event came approximately 14
More informationEmployment Claims in Release Agreements: California Scott J. Wenner & Alizah Z. Diamond, Schnader Harrison Segal & Lewis LLP
Employment Claims in Release Agreements: California Scott J. Wenner & Alizah Z. Diamond, Schnader Harrison Segal & Lewis LLP This Article is published by Practical Law Company on its PLC Labor & Employment
More informationThe General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: CHAPTER 1 PRELIMINARY PROVISIONS
PROFESSIONAL EMPLOYER ORGANIZATION ACT Act of Jul. 5, 2012, P.L. 946, No. 102 An Act Cl. 77 Providing for professional employer organizations. TABLE OF CONTENTS Chapter 1. Section 101. Section 102. Section
More informationSECTION VII WORKPLACE LAW
SECTION VII WORKPLACE LAW [For a more detailed discussion of workplace legal topics, see the Ohio State Bar Association s legal handbook for citizens, The Law & You, Part 11.] This chapter will examine
More informationKnow your rights. under Minnesota laws prohibiting age discrimination It is unlawful for an employer to: refuse to hire or employ
Age discrimination Know your rights under Minnesota laws prohibiting age discrimination It is unlawful for an employer to: refuse to hire or employ reduce in grade or position or demote discharge or dismiss
More informationAN EMPLOYER S GUIDE TO WORKERS COMPENSATION IN NEW JERSEY
AN EMPLOYER S GUIDE TO WORKERS COMPENSATION IN NEW JERSEY I. WHAT IS WORKERS COMPENSATION?... 2 II. WORKERS COMPENSATION BENEFITS... 3 III. INSURANCE REQUIREMENTS... 4 Types of Coverage Definition of Employee
More informationGUIDANCE ON SEXUAL HARASSMENT FOR ALL EMPLOYERS IN NEW YORK STATE
ANDREW M. CUOMO Governor HELEN DIANE FOSTER Commissioner GUIDANCE ON SEXUAL HARASSMENT FOR ALL EMPLOYERS IN NEW YORK STATE STATUTORY REQUIREMENTS Sex discrimination is unlawful pursuant to the New York
More informationRichards, Layton & Finger, P.A. USA - Delaware
LABOR AND EMPLOYMENT DESK BOOK Richards, Layton & Finger, P.A. USA - Delaware CONTACT INFORMATION Jennifer C. Jauffret Richards, Layton & Finger, P.A. 302.651.7568 jauffret@rlf.com 1. Do you have a plant
More information2013 Employment Law Update: What are the Courts Saying? Anthony M. Hohn Davenport, Evans, Hurwitz & Smith, LLP
2013 Employment Law Update: What are the Courts Saying? Anthony M. Hohn Davenport, Evans, Hurwitz & Smith, LLP Road Map I. What is Title VII? II. Litigation and Enforcement Trends III. Significant Case
More informationFrequently Asked Employment Questions*
Frequently Asked Employment Questions* What protection does an employee have from termination by his or her employer? In general, an employer can discharge an employee for a good reason, bad reason, or
More informationWHO IS AN INDEPENDENT CONTRACTOR?
SONJA J. GUENTHER AND LAUREN KARAGOZIAN IMA FINANCIAL GROUP The hiring of independent contractors, while beneficial because of the flexibility and cost savings, could lead to liability exposures which
More informationEMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT
POLICY NUMBER: CL CG 04 57 07 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the
More informationWORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 00 00 00 A (Ed. 4-92) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY PLEASE READ THE POLICY CAREFULLY. QUICK REFERENCE BEGINNING ON PAGE INFORMATION PAGE GENERAL SECTION... 2 A. The Policy...
More informationParalegal Pitfalls Employment Practices
Paralegal Pitfalls By Mireya A.R. Llaurado Practice Center, The Recorder, May 30, 2007 Employment Practices Most sizable companies and organizations not just law firms understand that paralegals are essential
More informationSTATE OF DELAWARE Office of Management and Budget, Human Resource Management
STATE OF DELAWARE Office of Management and Budget, Human Resource Management Guidelines on Equal Employment Opportunity (EEO) and Affirmative Action (AA) Introduction These guidelines are written to help
More informationEmployment and Labour Law in Canada
by JIM HASSELL & SVEN POYSA The constant change associated with employment and labour law in poses a significant challenge for employers doing business here. That challenge is compounded by the fact that
More informationNorth Carolina Interlocal Risk Management Agency (NCIRMA) Workers Compensation and Employers Liability Insurance Policy
North Carolina Interlocal Risk Management Agency (NCIRMA) Workers Compensation and Employers Liability Insurance Policy WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY QUICK REFERENCE Beginning
More informationFEDERAL HEIGHTS POLICE DEPARTMENT
FEDERAL HEIGHTS POLICE DEPARTMENT Effective Date: May 1999 Directive: 171.5 Approved By: Chief Acker (City of Federal Heights Personnel Code) Employee Drug or Alcohol Abuse Section XII. - Drugs and Alcohol.
More informationWentworth Institute of Technology Cooperative Education Student Handbook 1
Wentworth Institute of Technology Cooperative Education Student Handbook 1 Welcome to the co-op process. This document outlines the requirements, expectations and policies for your cooperative education
More informationCHAPTER 30: EMPLOYEE INJURIES
CHAPTER 30: EMPLOYEE INJURIES INTRODUCTION TO JOB SAFETY Our legal system has developed three ways of handling employee injuries: A. NEGLIGENCE SUITS Was developed under common-law where the injured employee
More informationSTATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL CIVIL RIGHTS UNIT EMPLOYMENT DISCRIMINATION QUESTIONNAIRE
STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL CIVIL RIGHTS UNIT EMPLOYMENT DISCRIMINATION QUESTIONNAIRE Does your complaint involve employment? If your answer is NO, the Attorney General's Office Civil
More informationHow New York City Employers Can Avoid Trouble under Mayor de Blasio s New Employment Laws
How New York City Employers Can Avoid Trouble under Mayor de Blasio s New Employment Laws VENABLE LLP May 14, 2014 8:30 a.m. 10:00 a.m. SPEAKERS Nicholas M. Reiter, Esq. Raquel O. Alvarenga, Esq. Natalie
More informationPayroll Services Agreement
Payroll Services Agreement If a Client and a Freelancer enter an employment relationship, this Payroll Services Agreement ( Agreement ) applies. This Agreement is effective as of April 2, 2013. Your continued
More informationChapter 6 Substance Abuse and Drug Testing in the Workplace
Chapter 6 Substance Abuse and Drug Testing in the Workplace A. Nature of the Problem and Purposes of This Chapter The existence of drug and alcohol abuse in the workplace is widely recognized as a severe
More informationIntroduction to UK Employment Laws for U.S. Employers
Ogletree Deakins International LLP Fourth Floor, Thavies Inn House 3-4 Holborn Circus London EC1N 2HA United Kingdom Tel: +44 (0)20 7822 7620 www.ogletreedeakins.co.uk www.ogletreedeakins.com Introduction
More informationAbout This Online Training
About This Online Training This online training material was designed to be used as a guide only and does not replace federal, state, local, or company codes. The user of this material is solely responsible
More informationOverview of Sample Drug and Alcohol Abuse Policy
Overview of Sample Drug and Alcohol Abuse Policy All employers should have a vital interest in maintaining a safe, healthy, and efficient working environment. Being under the influence of a drug or alcohol
More informationMOREHOUSE COLLEGE. Standards of Conduct Guide
MOREHOUSE COLLEGE Standards of Conduct Guide Purpose Compliance Risk Management Program 1. Ethical Standards TABLE OF CONTENTS 2. Contacts with the media, government and outside investigators 3. Records
More informationCREDIT, DEBT COLLECTION, & BANKRUPTCY
Chapter Four CREDIT, DEBT COLLECTION, & BANKRUPTCY Credit is money, goods or services provided to an individual who promises to pay the lender at a later time. You may not be denied credit because of your
More informationA Guide to Settlement Agreements
A Guide to Settlement Agreements Please contact us to discuss your Settlement Agreement in more detail. Whether you are an Employer or an Employee we shall be delighted to help with your Settlement Agreement.
More informationGeneral Information and Instructions Civil Rights Division Questionnaire and Complaint
General Information and Instructions Civil Rights Division Questionnaire and Complaint A. What We Investigate We investigate allegations of employment discrimination or retaliation and any supporting substantial
More informationService and Assistance Animals in Oregon
FIRST EDITION Service and Assistance Animals in Oregon 2013 Disability Rights Oregon Address: 610 SW Broadway, Suite 200, Portland OR 97205 Voice: 503-243-2081 or 1-800-452-1694 Fax: 503-243-1738 E-mail:
More informationU. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION -------------------------------------------------------------------------x
U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION -------------------------------------------------------------------------x Ms. Betzaida Cruz Cardona, Claimant -against- CHARGE TVI, Inc. (d/b/a Savers) and
More informationA BAKER S DOZEN: SELECTED LABOR AND EMPLOYMENT ISSUES FACED BY U.S. EMPLOYERS
A BAKER S DOZEN: SELECTED LABOR AND EMPLOYMENT ISSUES FACED BY U.S. EMPLOYERS Employers developing a workforce in a new country often are surprised by the different types of employment laws maintained
More informationFIRST AMENDED CLASS ACTION AND COLLECTIVE COMPLAINT AND JURY DEMAND
District Court, Denver County, Colorado 1437 Bannock Street Denver, Colorado 80202 GUILLERMO ARTEAGA-GOMEZ, Individually and on behalf of all others similarly situated, DATE FILED: January 22, 2015 6:02
More informationEmployee or Independent Contractor? Avoiding Misclassification. By: Kristin N. Zielmanski
Employee or Independent Contractor? Avoiding Misclassification By: Kristin N. Zielmanski Whether an individual working for your business qualifies as an employee or an independent contractor is a question
More informationLANDSCAPE ESCAPADES, INC EMPLOYEE HANDBOOK
LANDSCAPE ESCAPADES, INC EMPLOYEE HANDBOOK TABLE OF CONTENTS PAGE A. INTRODUCTION... 4 B. EMPLOYMENT POLICY AT-WILL EMPLOYMENT... 4 C. EQUAL EMPLOYMENT OPPORTUNITY AND DISCRIMINATION POLICY... 4 D. PERSONNEL
More informationAlston & Bird LLP U.S.A. Georgia
LABOR AND EMPLOYMENT DESK BOOK Alston & Bird LLP U.S.A. Georgia CONTACT INFORMATION Christopher D. Mangum Alston & Bird LLP 404-881-7000 chris.mangum@alston.com 1. Do you have a plant closing law in your
More informationRevised 18 January 2013. The University of Texas at Austin University Compliance Services
The University of Texas at Austin University Hello and welcome. This portion of the Compliance Program will introduce you to the topic of Employment Discrimination, and the University's policies and procedures
More informationADP TOTALSOURCE MODEL EMPLOYMENT APPLICATION
ADP TOTALSOURCE MODEL EMPLOYMENT APPLICATION INSTRUCTIONS: Please detach this instruction page prior to giving the application form to the applicant. Please note that we generally advise against making
More informationSummary of Liability and Workers Compensation Protections for Massachusetts Health Care Volunteers in Disaster Response
Definitions Summary of Liability and Workers Compensation Protections for Massachusetts Health Care Volunteers in Disaster Response Disclaimer: This information is only a brief outline of liability and
More informationImmigrant Workers Rights in the Workplace
Know Your Legal Rights! Immigrant Workers Rights in the Workplace Wage & Hours Laws Employment Discrimination Workers Compensation Health & Safety Living Conditions Sexual Harassment Clinical Program University
More informationConstruction Defect Action Reform Act
COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction
More informationVirginia. Employment. Law
2 0 1 6 P O C K E T G U I D E Virginia Employment Law C. Michael DeCamps, Editor Employment Attorneys Faith A. Alejandro Michael R. Bedsaul L. Lee Byrd Nicole S. Cheuk Bradford A. King Christopher M. Mackenzie
More informationState of Alabama LABOR & EMPLOYMENT LAWS
State of Alabama LABOR & EMPLOYMENT LAWS FREQUENTLY ASKED QUESTIONS 1. Is Alabama an employment at will state? Yes. The general rule that employment without a definite term is terminable at will applies
More informationDELAWARE State Laws by Topic
DELAWARE State Laws by Topic AGE Employers with four or more employees are prohibited from refusing to hire, terminating, or otherwise discriminating against employees or applicants based on age. For purposes
More informationContinental Airlines Compliance Guidelines for Suppliers
Continental Airlines Compliance Guidelines for Suppliers Effective January 1, 2009 Table of Contents 1. Introduction...3 1.1 Scope of the Guidelines...3 1.2 Supplier Internal Compliance Program...3 1.3
More informationPUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE
PUBLIC ENTITY RISK MANAGEMENT AUTHORITY MEMORANDUM OF WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FOR THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 EFFECTIVE: JULY 1, 2015 PUBLIC ENTITY RISK MANAGEMENT
More information63rd Legislature AN ACT REVISING THE DEFINITION OF "MISCONDUCT" FOR UNEMPLOYMENT INSURANCE PURPOSES;
63rd Legislature SB0127 AN ACT REVISING THE DEFINITION OF "MISCONDUCT" FOR UNEMPLOYMENT INSURANCE PURPOSES; AND AMENDING SECTION 39-51-201, MCA. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
More informationDisability Discrimination in the Workplace
By: Nathan Davidovich Copyright (c) May 2014 Disability Discrimination in the Workplace Despite increased sensitivity to physical and mental disabilities, many of America's workers find themselves to be
More informationFOR PROPERTY LOSS AND DAMAGE 1
13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction
More informationDisability Compensation Division: 586-9161 (Workers' Compensation) 586-9188 (Temporary Disability Insurance and Prepaid Health Care)
Workers' Compensation - You have the right to receive workers' compensation benefits and medical care if you suffer a work- related injury. You must report the date, time and circumstance of your injury
More informationOSOS BUSINESS RULES AND DEFINITIONS REFERENCE GUIDE
POLICIES RELATED TO JOB ORDERS Federal minimum wage - The Federal minimum wage is $7.25 per hour with health insurance benefits provided by employer and received by employee; minimum wage is $8.25 per
More information4:15-cv-00432-RBH Date Filed 01/29/15 Entry Number 1 Page 1 of 10
4:15-cv-00432-RBH Date Filed 01/29/15 Entry Number 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Ryan Michael Stinnett, on behalf of himself CASE
More informationThe University of Procurement Services Department, N.S.F.A.A.F.A.F.F.F.F.F.F.A.F.F.A.
MONTCLAIR STATE UNIVERSITY STANDARD CONTRACT TERMS AND CONDITIONS I. The contractor certifies that it understands and agrees that the following terms and conditions (collectively the "University s Standard
More informationHR Challenges Facing Small Business Owners
HR Challenges Facing Small Business Owners In my experience working with small businesses, I find that they usually spend countless hours searching the internet for answers to their HR problems. This is
More informationPayroll Services Agreement
Payroll Services Agreement Effective Date: May 5, 2015 If a Client and a Freelancer enter into an employment relationship, this Payroll Services Agreement (this Agreement ) applies. Your use of the Site
More informationWORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY In return for the payment of the premium and subject to all terms of this policy, we agree with you as follows: General Section A. The Policy
More informationA Litigator s View of the Special Employer Doctrine
A Litigator s View of the Special Employer Doctrine By: Richard M. Williams, Esq. Published By: Employee Benefit Plan Review July 2013 INTRODUCTION It is a well-established principle of common law that
More informationEMPLOYMENT LAW SUMMARY
EMPLOYMENT LAW SUMMARY Federal and State Laws Christina M. Rogers-Spang crogers-spang@rawle.com 856.797.8926 Pennsylvania, New Jersey and New York www.rawle.com PHILADELPHIA HARRISBURG PITTSBURGH NEW YORK
More informationOhio State Bar Foundation. January 29, 2015. A Primer on Board Fiduciary Responsibility
Ohio State Bar Foundation January 29, 2015 A Primer on Board Fiduciary Responsibility William J. Culbertson, Esq. Baker & Hostetler LLP 3200 PNC Center 1900 East 9 th Street Cleveland, Ohio 44114 Telephone:
More informationWorkplace Mysteries: Employment Law Under the Magnifying Glass. Employment Law Half-Day Seminar
Employment Law Half-Day Seminar October 30, 2012 Seattle, Washington November 1, 2012 Portland, Oregon This notebook is a publication of Miller Nash llp. It is provided for informational purposes only
More information