Abstract The paper explains that the federal and state systems of government may differ in their application of employmentlaws. 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 employmentlaws, 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 introduces, discusses and analyzes the topic of employmentlaw. Specifically the paper discusses how the federal and New Hampshire state systems of government may or may not differ in their application of employmentlaws. Federal employmentlaws 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 This article provides a comparison of Federal and Florida employmentlaws. The writer discusses specific federal labor laws to protect employees from various forms of job discrimination. The writer explains that the Florida laws are similar to federal laws but differ in treatment of children who work in the entertainment industry.
From the Paper "There are numerous federal laws enforced by a variety of federal institutions that govern employment. Perhaps the most most notable are the federal labor laws that protect employees from job discrimination, if they fall into certain protected categories. These laws are enforced by the United States Equal Employment Opportunity Commission (E.E.O.C.) For example, the Civil Rights Act ..."
Abstract This paper considers six areas where employers must be mindful of employmentlaw 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 "This paper reviews the differences and similarities between federal and state employmentlaw on several issues, such as workers' compensation and drug testing. The author points out how the different systems developed. The paper notes how each law may apply to different sets of employees and how different issues may be involved.
From the Paper "Workers are protected by different aspects of employment law covering everything from proper hiring procedures to employee protection and provision for retirement. Employment law involves both federal and state statutes, and the two may offer differing degrees of protection in some cases. Generally, federal law stands above state law, but states can usually provide more protections than does the federal system so long as state law does not undercut or alter the meaning of federal law. The distinctions can be seen in laws to protect employees, such as those covering workers compensation for on-the-job injuries, and for some requirements placed on employees, such as those for drug testing. Workers' compensation is a form of government-mandated insurance program for those employed in a given state, and there are workers' compensation programs in every state as well as at the federal level."
Abstract In this essay the writer looks at how the courts in the U.K. determine whether a person is an independent contractor or an employee. Four tests are discussed, which include the control test integration test, mutuality of obligation test and economic reality test. The second section of the paper looks at the vicarious liability of an employer in relation to employees.
From the Paper "The courts in the United Kingdom use a variety of tests to differentiate between a person's status as an independent contractor and an employee. Many of these tests have been established through case law. Throughout this paper the writer examines the various tests the courts use to determine whether a person is an employee, emphasizing important cases as necessary to complete this discussion. Furthermore, the writer examines the concept and operation of vicarious liability in relation to employees. When examining whether or not a person is an employee, it is important to look at the way the UK defines the term employee. The Department of Trade and Industry states in its Discussion Document on Employment Status in Relation to Statutory Employment Rights that "section 230(1) of the Employment Rights Act of 1996 defines an employee as: 'an ..."
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."
A discussion of the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Fair Labor Standards Act (FLSA) labor laws and how they protect employees.
Abstract The paper discusses how the COBRA and FLSA laws both help reduce the stress and anxiety that can go with the loss of a job. The paper explains that before the FLSA and COBRA laws were passed, there were many employers who were taking advantage of their workforce in several ways. The paper details the purpose both laws serve. The paper makes recommendations to update and improve the laws.
Outline:
Introduction
COBRA
FLSA
My Opinion
From the Paper "Since their inceptions both COBRA and the FLSA have served an important purpose in the employment world. Throughout the nation employees work hard and help the companies that employ them to build empires of wealth, however, if there are bumps in the road either on the part of the employee or employer the company often goes on to continue growing while the employee, who helped build that company is left out in the cold. COBRA and FLSA both help reduce the stress and anxiety that can go with the loss of a job for reasons other than Gross Misconduct."
Abstract This paper explores labor law. The paper presents two cases illustrating disparate treatment and disparate impact and includes a brief description of the relevant facts, the ruling and reasoning of the court and finally the specific implications of the ruling for an employment environment. The paper answers these questions: What are some measures a company can take to reasonably accommodate people with disabilities, or those with a known drug abuse problem? Should factors like personality, attitude toward work and future upward mobility be considered when hiring?
From the Paper "Discrimination can be the result of both intentional and unintentional motives. The willful intention to discriminate against an individual or group based on their race, gender, religion, national origin or disability is called disparate treatment. Disparate impact refers to a practice or policy that appears to be neutral on its face but negatively impacts a particular group, such as women or older workers. Disparate impact uses a circumstantial method to prove discrimination."
Tags: labor law, ADA, ADEA, EEO, Civil rights act, disparate treatment, disparate impact, protected groups
The following paper examines research that reveals what steps should be taken to enforce the existing labor laws to protect employees in Russia and to support the restructuring efforts through secure employment.
Abstract This paper discusses the current labor laws in Russia, subject to free market forces, changes in the way business is done and illegal agreements within the context of pressure from the World Bank for lasting economic reform.
From the Paper "The reform of Russia's labor legislation has become a pressing issue for international agencies over the last few years. An important consideration for the Russians is that the World Bank has attached high priority to radical changes in the law as one of the conditions of its Social Protection Adjustment Loan.It is reported that employers in the private sector constantly violate existing labor legislation to achieve a more flexible and self-determinate situation, leading to a conclusion that job security for workers can only be obtained by moving away from labor contracts and binding collective agreements to more free market considerations and little or no labor legislation (Standing, 1996)."
An analysis of the history and application of systems of law in the past and present and the application of capital punishment in the United States today.
Abstract This paper examines the history and practice of the common law system and then looks at civil law and its basis and application. The paper compares these two systems of law and discusses how different countries employed different systems of law in the past and still do in the present. The paper then focuses on the issue of capital punishment in the United States, in terms of its history and current practice.
From the Paper "Currently, it is recognized that the use of capital punishment could not be deemed common practice in the United States. On average, there has been one execution for every 700 homicides carried out. However, there is a great deal of variability in rates of executions from state to state. For example, Nevada and Texas have a fairly high rate of people who have been sentenced to die via execution. A 2004 study found that Texas executed a percentage of convicted criminals that was nearly four times higher than the nationwide average, while it was discovered that California had put to death only 1% of people who had been sentenced. In the United States, about three- quarters of the states have held onto the death penalty as a form of punishment. However, nearly two-thirds of all of the executions that have been administered since 1976 have taken place in only six states: Texas, Virginia, Florida, Missouri, Louisiana, and Oklahoma. In the minority for those falling victim to the death penalty are women, with African Americans bearing the brunt of the rates of execution (Ferrall)."
Abstract This paper discusses the labor laws relevant to the guarantee of a non-discriminatory work environment. It focuses on how labor laws are applied within the labor union environment in protecting against discrimination. It explains that the labor laws in the United States are primarily governed by the U.S. Department of Labor which oversees approximately 180 various laws and regulations governing employment.
From the Paper "Labor laws in the United States are overseen by the Department of Labor which, collectively, oversees approximately 180 various federal labor oriented laws. This body of laws and regulations oversee many workplace activities relevant to more than 10 million unique employers and more than 125 million unique employees. The following major labor laws constitute some of the most broadly applicable and well-known labor laws. Additionally, since unions constitute some the largest forces in labor across North America, labor laws pertinent to unions are also discussed. However, it should be mentioned that regardless of union membership, union members are, of course, entitled to the same protections on the existing body of labor laws that any employee is as well as a host of other protections vis-?vis his or her union contract. Pay & Schedule The Fair Labor Standards Act (FLSA) outlines the standards for wages and overtime pay, which affect most private and public employment in ..."
Abstract This paper, written in the form of a letter to the Governor of Hawaii, argues against the use of the the state-mandated Prepaid Health Care law of 1974 which requires all businesses to provide medical insurance benefits to all employees who work more than twenty hours per week. The paper shows that this law affects the profitability of these businesses as they cannot afford to pay the average $2,200 per person on an annual basis. The paper looks at the disadvantages of the law to both employers and employees and examines alternatives.
From the Paper "In addition, many employers do not maintain full-time staff members because if they hire employees that work under twenty hours per week rather than full-time, they will not have to pay for the increasing costs of their health insurance premiums. This, in turn, limits potential economic growth because employees are not able to receive sufficient salaries for living expenses, and with the tax structure that is in place in Hawaii, it is often very difficult for the average family to survive. Furthermore, when fewer employees are available to perform the work, the result is evident in the lower production of products and services and this affects overall economic growth."
Abstract This paper discusses the tremendous impact that rising Latino immigration has had on social and demographic policy in California. The paper describes some of the laws enacted in response to the increased immigration and their resulting effects on labor and some of the arguments made by both the laws' proponents and detractors. The paper also looks at the problem of child labor with respect to the children of the Latino immigrant population.
From the Paper "The population of California underwent dramatic changes in the last 60 years. In the 1940s, the Latinos were a minority of only 6% of the state or roughly 374,000 (Bautista 1991). But by 1980, the Latino population grew to 4 million, almost doubling the figure and increased to more than 7 million in the 90s. In the 2000s, Latinos accounted for a third of California's total population, creating huge political, economic and social impact upon its entire society (Bautista). Besides sheer volume, the continuously increasing Latino population has developed the distinct feature. Before the 60s, immigrants were rare and less than 20% of these Latinos were foreign born, most of them from Northern Mexico. Immigration, however began to fill the ranks since the 80s so that, today, the majority of adult Latinos in California are immigrants. These developments are among the most important criteria to social and demographic policy makers in the state (Bautista) as well as other states in the Union. One area is labor."
Abstract In this article, the writer examines Title VII of the Civil Rights Act. The writer explains that Title VII prohibits employment discrimination based on race, sex, color, religion and national origin. Further, the writer discusses the relevant aspects of the Act.
From the Paper "Martin Jenkins in Chain Store Age explains that The Civil Rights Act 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. An employer can be found liable for retaliating against an employee who ... "
