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Aspects of employment law
Legal aspects of employment
Employment law
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Roberts
8/18-21/2015
Edited/some rewriting
Spell checked 8/19-21/2015
Barton Employment law
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Employment law is the broad body of laws that governs the employer-employee relationships, including protection from discrimination; wages, hours, and health and safety rules and regulations; and individual employment contracts.
Adrian L. Barton, Esq., PLLC, of Barton Law helps employers and employees alike with challenges concerning the often complicated – and sometimes frustrating – world of employment law.
Many client cases are headed for litigation, but Ms. Barton also helps employers avoid court by taking preventative measures such as establishing guidelines for employee handbooks.
So what is employment law? If you don’t know the
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labor law term used for contractual relationships in which an employee can be terminated by an employer for any reason, without just cause, and without warning. And, unless stated in an employee handbook, the employee is equally free to quit at will, cease to work, or strike. Ms. Barton and her colleagues have co-authored a resource guide for employers with the goal of helping them develop effective policies that promote fairness in the workplace, and comply with Arizona state law.
Major legislation behind employment law include:
Workplace Discrimination
Federal laws prohibit workplace discrimination, which is defined as any workplace action, including hiring, promoting, demoting, and firing, and is based on a prejudice of any kind resulting in the unfair treatment of an individual employee or a group of employees.
Fair Labor Standards Act
Originally drafted in 1932, the Fair Labor Standards Act (FLSA) is intended to protect workers against certain unfair practices or work regulations. The FLSA is one of the most important federal labor laws for employers to understand because it sets out a wide array of regulations for dealing with
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If a disabled individual can perform the essential functions with or without reasonable accommodation, that person cannot be discriminated against based on their
The Disability Discrimination Act of 1995 set out to end the discrimination people with disabilities encounter. The Act gave disabled people the right to employment, access to goods, facilities, and services and the right to buy and rent land and property. These rights came into force in December 1996, making treating a disabled person less favorably than an able-bodied person unlawful. Further rights came into force in October 1999, including the idea that service providers should consider making reasonable adjustments to the way they deliver their services so that people with a disability can use them. (The DDA...) However, despite these
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for millions of Americans to get back into the workplace, it paved the road for new facilities in the workplace, new training programs, and created jobs designed for a disabled society (Frierson, 1990). This paper will discuss disabilities covered by the ADA, reasonable accommodations employers must take to accommodate individuals with disabilities, and the actions employers can take when considering applicants who have disabilities.
The Fair Labor Standards Act has been amended repeatedly in subsequent decades, with changes expanding the classes of workers covered, raising the minimum wage, redefining regular-time work, raising overtime payments to encourage the hiring of new workers, and equalizing pay scales for men and women. FLSA Regulations and Non-Regulations While the FLSA does set basic minimum wage, overtime pay standards, and regulates the employment of minors, there are a number of employment practices which FLSA does not r... ... middle of paper ... ... 9. Fair Labor Standards Act, www.infoplease.com, 6/11/04 10.
The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces the federal laws, policies and regulations as it relates to employment discrimination. Over the course of years, Title VII has been amended to reinforce its prohibitions to include pregnancy as a type of gender discrimination, jury trials, compensatory damage and punitive damages. Its amendments have also strengthened the enforcement policy of the EEOC. An employer and employee need to be aware of those areas that are and are not covered by Title VII. It applies to employers, unions, joint labor and management committees as well as employment agencies whose functions include referral and training decisions among others. It applies to all private, federal, state and local governments who employ 15 employees or more. An employer with less than 15 employees is not required to comply with the guidelines set by Title VII. Title VII covers all levels and types of employees. In 1991, the act was further extended to include United States (U.S.) citizens who are employed outside of the U.S. for American employers. Non U.S. citizens are also protected as long as they are employed in the U.S. Title VII however, does not a...
discrimination in the workplace was officially declared illegal in 1964 with the passage of the Civil Rights Act (Public Law 88-352). Employers could not deny employment to, fire individuals, or discriminate in any way against these individuals.
Discrimination can be defined as the unequal treatment of equal groups in workplace situations such as engagement, compensation, and promotion. There are two key notions of discrimination in relation to a workplace context;
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
Introduction- Discrimination affects people all over the world. People of all ethnicities and from all different walks of life are influenced in some way by workplace discrimination. "Discrimination" means unequal treatment. One of the most common elements discriminated against is a persons ethnicity, or their race. This is called Racial Discrimination. While there are many federal laws concerning discrimination, most states have enacted laws that prohibit it. These laws may have different remedies than the federal laws and may, in certain circumstances be more favorable than the federal laws.
Employment discrimination in the workplace can come in many forms such as race, gender, religion, national origin, physical or mental disability, and age by employers. This situation violates the rights of equal employment of workers. But based on the internal needs of specific occupations and discrimination should not be considered discrimination.
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
Workplace harassment is unwelcome actions that are based on a person’s race, religion, color, and sex, and gender, country of origin, age, ethnicity or disability. The targets of the harassment are people who are usually perceived as “weaker” or “inferior” by the person who is harassing them. Companies and employers can also be guilty of workplace harassment if they utilize discriminatory practices against persons based on ethnicity, country of origin, religion, race, color, age, disability, or sex. These discriminatory practices have been illegal since the passing of the Civil Rights Act of 1964 (Civil Rights Act of 1964), and have been amended to be more inclusive of other people who experience discrimination by the Civil Rights Act of 1991 (The Civil Rights Act of 1991), and most recently, President Obama’s signing of the Lilly Ledbetter Fair Pay Act of 2009 (Stolberg, 2009).
Legal considerations play an important role in how employers and employees interact in the workplace. Common-law doctrines regarding this relationship have been established from many legal decisions made over the course of centuries (Reed & Bogardus, 2012). Common-law doctrines lay the foundation for best practices in employment which provide for both employer and employee safeguards.