Abstract This paper introduces, discusses and analyzes the topic of employment law. Specifically the paper discusses how the federal and New Hampshire state systems of government may or may not differ in their application of employment laws. Federal employment laws set the standard for most state laws.
From the Paper "New Hampshire also has a statute regarding "displaced homemakers" that covers older women who may have been absent from the workforce for many years, and are suddenly displaced due to death, divorce, or other occurrences. The state offers assistance to these women, training for new jobs, and employment assistance. This is also a statute that is not represented in the federal employment laws. It is clear this must be a problem in New Hampshire because lawmakers felt it needed to be addressed. This statue originally took effect in 1979, so it seems New Hampshire is more forward thinking than many other states who do not yet address this issue."
Tags:employer, employee, work, guidelines, hours, wages, rights
Abstract In this article, the writer looks at Richard Epstein's defence of the at-will contract. The writer maintains that Epstein is a tactician in terms of his presentation and argumentation but in terms of substance he relies almost completely on smoke and mirrors to support a virtually unsupportable position. The writer argues that at-will employment environments offer very little real incentive for employees to vest fully in their positions because underwriting their entire existence in the at-will workplace, is the implicit threat of sudden job loss. The writer points out that, what first seems brilliant in Epstein's position on at-will contracts, being roughly equitable to the freedom of speech, at his conclusion, suddenly seems shallow and superficial. The writer then notes that for their part, Patricia Werhane and Tara Radin remain if not brilliant then consistent and empathetic to the employer who, in private companies, is subject to sudden job loss without due process and little recourse. They recognize that, irrespective of what Epstein would have the reader believe, at-will contracts are meaningless constructs that do nothing but free employers from any moral or ethical consideration of the employee.
From the Paper "However, the at-will contract is a sort of contract in negative where the only obligation is for the employee to show up to work every day at risk of job loss and the long-term negative effect that job loss will have on the employee's successive career. For the employer, there is no substantial financial threat, generally speaking, should an employee leave and certainly the employer does not risk long-term negative consequences due to an employee's departure. The employer merely hires another employee to fulfil that functional role within the company. The employee, on the other had, is often under economic constraints that make such a job loss or employment change catastrophic. At-will contracts are contracts in name only with the only benefit being the employer who is under no obligation to continue to provide employment from one minute to the next. In fact, for Epstein, his argument concludes on a blame the victim note where although some abuse of at-will contracts may exist, it does nothing to undermine the overall perfection of the system .. "
Abstract This paper considers six areas where employers must be mindful of employment law especially in today's litigious workplace. It focuses on race, religion, gender, national origin, age and disability. It explores ramifications for employers.
From the Paper "In today's highly litigious workplace employers must develop employment practices that will prevent them from being sued while ensuring a highly qualified workforce. This requires a rudimentary understanding of key cases in areas ..."
Abstract The paper explains that the federal and state systems of government may differ in their application of employment laws. The author points out examples of an employment protection that is provided by the state of California, but not by the federal system. The paper discusses anti-discrimination employment laws, in general.
From the Paper "Martin Jenkins in "Chain Store Age" explains that the Civil Rights Act of ... prohibits discrimination in a broad array of private conduct including public accommodations governmental services and education. Title VII of the Act prohibits employment discrimination based on race, sex, color, religion and national origin. The Act prohibits discrimination against the aforementioned protected classes in the areas of recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment. In response to challenges in the Courts, ..."
Abstract This paper discusses the employee/employer relationship from the perspective of the employment at-will common law. The paper focuses on a situational analysis whereby a contractor hired to complete a project is kept on to continue working on other projects at a given company. Finally, after a lengthy period time, the contractor is released. The paper implies that the contractor cannot avail herself of employment at-will discharge related recourses because she was never hired as a permanent, full-time employee but retained on a per project basis.
From the Paper "Employer/Employee Relationship Quiz Mary is initially an independent contractor. The intent for her services has been targeted to the completion of a specific project. The company has entered into a contractual agreement with Mary to complete this original project. There is little doubt that she is a 3rd party contractor at the outset relative to the company and was never intended to be a full-time, permanent employee of the company. Mary, by being an independent contractor for hire is a 1099 employee. In other words, the company, by hiring her specifically for a given project pays only for her services rendered and assumes no other employee related expenses such as healthcare benefits, retirement benefits, or other assorted benefits and services commonly associated with employer/employee relationships."
Abstract The aim of employment development is to assist certain groups and individuals to cope with job markets and changing economic development. This paper explains community economic development and small business development--two contemporary approaches to employment development.
Abstract This essay discusses how Japan has achieved very high levels of economic development. It shows that while Americans might consider lifetime employment to be a minimizer of hard work and incentive, the Japanese occupational system still achieved its objectives. Lifetime employment did offer incentive to work hard.
Abstract This paper examines the issues that affect persons with criminal convictions when they attempt to enter the labor market, whether it be by acquiring a job, doing voluntary work, or seeking further qualifications. It outlines some of the personal and practical problems such an individual could come across and how these could impede his way forward. It also explores some of the anxieties that prospective employers may have in employing someone with a criminal conviction and discusses what effect this has on the prospective employee.
From the Paper "There are many barriers to be faced by individuals with criminal convictions and they could come under three groups, employers attitudes. Lack of skills and qualifications and other practical or personal problems inherent to that individual. Employers have anxieties about employing anyone with a criminal conviction, the most significant of these being that the person could subsequently offend against the employer or his staff. This could also give the employer worries about his legal liabilities in the case of employing an ex-offender. These anxieties persist even though reports and studies have shown that ex-offenders who work are much less likely to re-offend if employed."
Abstract This paper studies the California Fair Employment and Housing Act. The paper examines the plight of individuals with certain physical and mental disabilities, who are likely to be deemed as ineligible in federal court to be protected against discriminatory actions on the part of their employers. The paper shows how the California act recognizes chronic and/or intermittent conditions as being disabling conditions. The paper concurs with the California legislation that individuals who suffer from these conditions deserve workplace protection.
From the Paper "In an ideal world, all workers who performed their job well would be compensated generously and never be the victims of unfair or discriminatory practices on the part of their employers. This not being an ideal world, such unfair or discriminatory actions can..."
Abstract In this paper, the writer examines a case study to determine if an individual was properly classified as an independent contractor rather than as an employee. The paper reviews concepts including unlawful termination and breach of implied contact for continuing employment.
From the Paper "We are presented with a scenario in which the key question is this: 'Is Mary properly classified as an independent contractor or an employee?' The IRS suggests that it is important to look at the amount of control the employer has over the individual. As a general rule the employer of an independent contractor has the right to control or direct only the result of the work done by an independent contractor and not the means and methods of accomplishing the result."
Tags:employer, employee, independent contractor, unlawful termiantion, discrimination, breach of implied contract, at will employment, breach of public policy, implied covenant of good faith and fair dealing
Abstract This paper examines government response to youth employment needs. The writer presents an overview of national government programs and regulations, that impact funding and management. Institutional arrangements and systems are examined. The writer looks at how they function in the target areas. The writer compares and contrasts youth employment initiatives in New York, Boston, and California and also presents recommendations.
From the Paper "Employment opportunities for youth in the United States in general and in certain geographic locales in particular, have been in decline in recent decades. According to recent studies by Northwestern University's Center for Labor Market Studies, the unemployment rate in the United States for teenagers nationally, was the lowest since the federal government began collecting data on this issue. Teenagers were identified ... "
Tags: youth employment, Boston, New York, California
A discussion and analysis of the Age Discrimination in Employment Act (ADEA) that was signed by Congress in 1967 as a method of addressing the arbitrary policies that many industries had in the country relating to older workers.
1,800 words (approx. 7.2 pages), 9 sources, 2006, $ 71.95
Abstract This paper presents an overview of the Age Discrimination in Employment Act (ADEA), explaining that it specifically relates to workers of age 40 and older, as Congress believed that this was the age when there was the most evidence of age discrimination. The paper explains that the ADEA directly focuses on a number of issues that affect concerns of age discrimination. These issues include the hiring of employees, the promotion of employees, the salaries of employees and the ability of the company to discharge workers. The paper further explains that the Act discusses the publication of materials for workers that relates to their employment and how these publications may have a direct impact on the interpretation of the ADEA in courts.
Abstract In this article, the writer notes that people with disabilities face limited admission to health care, education, social activities and employment. Specifically, the writer points out that women with disabilities face the same criteria in higher regards and are disappointingly underrepresented in research, training and health policies. The writer maintains that although few advances have been made in terms of the Americans with Disabilities Act and medical/assistive technology, opportunities have opened doors for females with disabilities to participate in and gain access to services but there is still work to be done. This research paper examines women with disabilities facing challenges of finding employment specifically in Ontario, Canada.
From the Paper "Disabled women who could not take the struggle received social assistance or began some kind of training that would benefit their disability and work at the same time. In one situation, a woman who suffers from arthritis had to go to a chiropractor almost three times a week and was too tired to go to work, which became a barrier. Since employers expect their employees to work eight or more hours a day.
"In another situation, a woman with cerebral palsy became an occupational therapist. During a summer program as a ninth grader, she assisted students with severe disabilities along with a speech therapist and an occupational therapist. She was advised not to enter the field of occupational therapy because of lifting and feeding the disabled children. However due to this incredible challenge to fight and help children, she became a pediatric occupational therapist after finishing college."
Abstract This paper looks at the issue of equal employment for all, irrelevant of race, colour, gender or sexual preference. It focuses on the policy of Southwest Airlines and sees how this company has managed to maintain a very good record in this regard.
From the Paper "No company is perfect. And no company is entirely without bias on the part of all of its supervisors towards the members of every culturally or socially distinct group of workers. But certainly some companies try harder than others to promote ideals of diversity in the workforce (so that that workforce reflects the diversity and talents of American society at large). An important part of an emphasis on a diverse workforce is an insistence that workers be free of harassment at the workplace because of their sex, sexual orientation or race.
"Southwest Airlines has a relatively good record on gender issues, as shall be discussed in this paper. Company officials seem, in the past decade, to have taken the entire idea of the importance of diversity in the workplace very much to heart."
Abstract There is little doubt in the minds of impartial historians and social critics as to the successes of the Equal Employment Opportunity Commission (EEOC), However, the EEOC has arguably outlived its usefulness in its current incarnation and needs to be restructured to better fit the changing times. This paper briefly examines some of the benefits of the EEOC and some of its problems to provide the reader with a better understanding of the current form of the EEOC.
