Employment Law

Traditionally, one benefit of marriage was being able to share in a spouse's employment benefits, like health, vision, and dental insurance. Unfortunately, many same-sex couples have struggled for years to receive the same level of benefits and even the right to be married. With more and more jurisdictions recognizing same-sex marriages, are employers now required to provide same-sex couples with the same level of benefits as heterosexual couples?

An all too common occurrence in the modern workplace is the sexual harassment. This can take many forms, like unwelcome sexual or romantic advances, sexual blackmail, offensive touching, discussions of intimate activities that make others uncomfortable, etc. While there are a number of laws to protect those who complain of such activities, what of those who are accused, particularly if the sexual harassment claim is determined to be unfounded or used as a means of embarrassment or retaliation?

Social media is everywhere today; from Facebook to Twitter to LinkedIn, it would be almost impossible for an employer not to have someone working for them that has some form of social media presence. While you might be able to keep an employee from updating their Facebook status from the office, can you do anything about what they say or do about you or your company on their social media in their own time? Indeed, can you fire someone for their social media complaints about work?

Do you have a trouble employee that can never seem to make it to work when they are supposed to? Either they are always late or they are not there at all? How should you go about disciplining this employee, particularly if you have let it slide in the past? Is there any risk to firing someone for claiming too much sick time (even if they are entitled to those days under the terms of their employment)?

Sexual harassment is usually defined by Courts and employers using the definition of sexual harassment contained in the guidelines of the U.S. Equal Employment Opportunity Commission (EEOC). This language has also formed the basis for most state laws prohibiting sexual harassment.

Employment law can be confusing and it can be difficult to learn what your rights are and what you are entitled to. When an employer does not pay for something (whether regular wages, overtime, tip splitting, reimbursements, or something else) it can be very frightening and confusing. Is the employer right? Should I even bother fighting?

It is often a coming of age event: getting that first job, usually to pay for something irresponsible like a sports car or a video game. But how old does one have to be to start working? How many hours can they work every day and week? Who gets to control the money (i.e., the child or the parents)?

The United States has statutory minimum wage laws intended to ensure that even the least skilled of workers are able to earn enough money on which to live. As of July 2009, the federal minimum wage was set to $7.25 per hour, which equates to weekly earnings of just $290 per week (before taxes) for a full time job. However, many feel this number has not kept up with inflation and that this number is no longer a livable figure.

Many have been asked to sign non-compete agreements or thought they might be a good idea to protect their business interests when hiring someone. But, what do they do? How are they enforced? What legal requirements do they have to follow?

This section of the American Bar Association has a membership of more than 25,000 legal professionals. Anyone looking to stay current on employment law will find their web page to be useful.

Compliance with agricultural labor laws requires employers to be familiar with both employment and immigration regulations. The Department of Agriculture publishes this summary.

The US Department of Labor provides this employment law guide dealing with protections for young workers in non-agricultural industries.

Visit this page to learn about federal employment laws using interactive online tools. Subjects covered include disability, anti-discrimination, drug testing, medical leave, and many others.

ERISA is the federal law governing private retirement and benefit plans, and the tax consequences involved.

This informational site and attorney directory provides hundreds of articles on federal and state labor law.

Every employee considering filing a discrimination claim must become familiar the EEOC. This official website discusses the agency, its purpose, and the claim application process.

The FLSA governs “wage and hour” issues under federal law. Compliance standards are discussed on this Department of Labor web page.

The Wage and Hour division of the Labor Department provides this online summary of the FMLA, the federal legislation dealing with maternity leave and related issues.

Federal law requires labor groups and employers to comply with reporting, administrative, and electoral regulations. The legislation imposing such requirements is outlined on this web page.

Those who hire migrant farm workers should be familiar with the MSPA. Visit this government website for information about the Act.

NELI is a non-profit organization offering employment law training in person, by telephone, and over the web. The trainings are open to attorneys and members of the public.

Cornell University Law School maintains this web page describing the unemployment insurance claim procedure. Funding and administration of the unemployment system are also explained.

Current and retired members of the armed forces are provided special anti-discrimination protections in the workplace. The federal law dealing with these protections is summarized on this government web page.

The Bureau of Labor Statistics is the division of the Labor Department charged with measuring conditions in the marketplace. Visit this official site for current data on the U.S. economy.

This link points directly to the Labor Department’s Employment Law Guide. All major federal employment legislation is discussed, making this a great starting point for further research.

Discrimination is a primary focus of federal employment law legislation. Visit the Labor Department’s Civil Rights Center web page to learn about the government’s efforts to promote equal treatment for workers.

It has been 75 years since the Fair Labor Standard Act was enacted. The WHD website describes the current labor protection laws and what the federal government is doing to enforce them.

The recent economic recession produced a large number of layoffs in the United States. This Department of Labor web page describes federal legislation dealing with such occurrences and the effect on workers.