Q.What's Labor Law?
A. Employment Law or Labor Law concerns the legal relationship between employers and employees. Statutes regarding labor law are observed in any respect levels of government, from national to state. Labour law determines the rights and obligations which arise out of an employment contract. The law regulating the relationship between an employer and a worker begins when an offer for employment is made by an employer to a worker.
Labor law regulates the connection between employer and employee -- employment reviews, job responsibilities, salary, promotions, rewards, the first hiring process and termination of their employment relationship. It includes lawsuit on the basis of unfair labour practices and discrimination. According to the United States Department of Justice Bureau of Justice Statistics project bias lawsuits filed in U.S. District Courts jumped from 6,936 from 1990 into 21,540 in 1998.
Q. I have heard the terms 'at will' employees and 'for cause' workers ' What does this jargon mean?
For trigger employment means the reverse: the employer cannot discharge the worker without a legitimate reason -hence the expression for cause. Examples of situations where your boss cannot fire you without a Great reason:
Q. Does flirting and bantering between co-workers constitute sexual harassment?
A. It's really hard to state a rule. When horseplay involving the genders or mild and friendly bantering cross the line and be undesirable and too far is the sort of matter courts.
Q. Can a company insist that its non-exempt workers take paid time off rather than cash for working overtime?
A. Ordinarily (and surprisingly), 'comp time' (compensatory time off granted rather than overtime pay) is ILLEGAL under national law. Under federal law, if employees work over 40 hours in a work week, they must be PAID for overtime at time-and-a-half. This applies to all non-exempt workers in all states. Employers may give time off during precisely the exact same week that they work extra hours (e.g., work 10 on Monday, operate just 6 on Tuesday), but when they cross the 'more than 40 hours in a week' threshold, they are entitled to overtime pay. Comp time is permitted within a single pay period (e.g., they may have the ability to take some time off next week if they work overtime this week), but when it isn't in precisely the same week, the comp time must be given in time-and-a-half (e.g., 1.5 hours of time off for each hour of overtime worked).
Q. Does the national law cover "same-sex" harassment?
A. Absolutely. A case decided by the US Supreme Court on March 4, 1998 entailed a man employee working on an off-shore oil rig, who claimed he was the victim of harassment from other employees. The Supreme Court held same sex sexual harassment is illegal under the Federal law, and it does not matter if the gender harasser wasn't a homosexual or was.
Q. When an employee is injured at work, what happens?
A. After injury or illness occurs, it's the employees responsibility to complete a claim form and to submit it to the employer or the state workers' compensation agency/board. Normally, an employer will have the claim types accessible. The claim will be submitted by the company . The employer is given an opportunity. If he does not contest the claim, payment of wages and medical bills will be made from the insurance carrier. If the employer contests the claim to find out whether , or how much, compensation is owed to the worker A hearing can be scheduled.
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