There are very few individuals who can say that they have never had any employment law issues. This is true for both the employees and the employer. Employment Law is a specialized field of law that is very relevant in today’s society. There are a few common employment law issues that arise more often than others. …
It goes without saying that in the workplace, employees have certain rights that an employer must not violate. These rights begin during the interview process and extend through termination. Here are some key employee rights in the workplace. No Discrimination or Harassment Employers cannot discriminate against employees. That includes discrimination or limiting job opportunities based…
Explanation of the “Right to Work” with Regard to Labor Unions The right to work means that employees must be allowed to work in unionized workplaces, without joining the associated unions or paying regular union dues. Right to work laws are established on the state law level and only some states follow these “right to…
An employee handbook can be a crucial tool for employers. However, failure to draft the employee handbook properly can lead to an employer entangling themselves in litigation. Last week’s blog focused on the advantages of the Employee Handbook. However, this week, the focus is on some of the pitfalls that can come from an improperly…
An employee handbook is one of the most important components of a business. Every business owner who has active employees working for them should implement one. The employee handbook not only protects the business owner, but also outlines very clear rules and obligations for the employee. This allows for the employer and employee to be…
When the Americans with Disabilities Act Applies to Associations The Americans with Disabilities Act (“ADA”) is a federal law that prohibits discrimination on the basis of an individual’s disability and requires that reasonable accommodations are provided to those with disabilities. While many people are familiar with the notion that the Americans with Disabilities Act applies…
How to determine the Requisite Pay for a Worker with Disabilities Under Section 14(c) of the Fair Labor Standards Act The Americans with Disabilities Act (“ADA”) protects individuals who have a disability, however, the employer may, in some cases, pay less than minimum wage without being in violation with the ADA law or the Fair…
Can an Employer Pay an Employee Less if they have a Disability? The short answer to this question is that an employer cannot pay a disabled employee less than an employee without a disability, with certain very specific exceptions. Salary and benefits should be based on the position and quality of work such employee produces….
Identifying Who is Protected by the Americans with Disabilities Act (“ADA”) Having a disability alone is not enough to qualify for protection under the Americans with Disabilities Act (“ADA”). A person with a disability must be able and qualified to perform the essential functions of the job that they are applying for (or hired for)…
Laws Regarding Holiday Time Off One of the very first inquiries when starting a new job is what the policy on paid time off is. Especially pursuant to federal holidays such as Christmas and New Year’s Day. Many people would be surprised to learn that although many employers do allow their employees to take off…