Get help, advice and information on all your Legal issues. http://advice-and.info/Legal/employment.htm Mon, 04 Aug 2008 15:37:09 GMT en According to the latest survey conducted by the U.S Census Bureau, there are approximately 49.7 million Americans having disability, which includes people of all ages. That is why the enactment of the Americans with Disabilities Act (ADA) is of great help for the people. The Americans with Disabilities Act does not cover all kinds of impairment or employment disability. They formulate their own definition of disability and if your disability is not within the definition then you are not covered by the Act. How does Americans Disabilities Act define disability? The common issue encountered by individuals with this Act is whether their disabilities fitted the definition under the Americans Disabilities Act or not. The Americans with Disabilities Act defines disability as an impairment that substantially limits a major life activity for a period of not less than a year or expected to result in death. A number of court cases have been dismissed because they are not suffering from disability as def ined by the Americans with Disabilities Act. Who is protected by ADA? The Americans with Disabilities Act protects individual with disability who is qualified to for employment. Although ADA does not provide a list of disabilities to be covered by the act it has outlined its own legal standard in how a person be considered as suffering from certain disability. ADA protects only those persons with serious long-term condition. It does not protect those having minor and short-term conditions. In order to fully ensure that the right of the disabled be protected especially with regard to employment, the US government created the Office of Disability Employment Policy or (ODEP). What is ODEP? The Office of Disability Employment Policy or ODEP is an agency, under the US Department of Labor, which provides national leadership to increase employment opportunities for adults and youth with disabilities while striving to eliminate barriers to employment. The Americans with Disabilities Act prohi http://advice-and.info/Legal/91269_The_Law_Covering_Employment_Disability.html Thu, 24 Jul 2008 04:27:17 GMT An employment severance package is a voluntary offer or token from employers, as there is no law that compels or requires its wager. However, most companies opt to provide this one, as the alternative is far more ill for them. It is common practice for most companies to provide severance packages for employees, who may be retiring, laid-off or terminated from employment. (Opting to provide this benefit will at most give employers a sense of fulfillment and would likely boost their morale, as the provision of the same can be taken as a gesture of goodwill.) A severance package encourages a dismissed worker as he contemplates on his next employment while giving an employer a sense of fulfillment in helping out a former employee. However, there are complex issues involved when considering a severance package that are both practical and effective. Added to that, problems may arise during negotiations on what benefits may be included in the package. With these, in order to hurdle the situation, coursin g with an Attorney, retained or an independent one, will be needed, to end with success in the venture. The same is true on the side of the employees, who are likely experiencing an unusually difficult situation. To have a better view of this matter, it is worthwhile to illuminate some important aspects and points in dealing with employment severance packages, the considerations on both sides. Employment Severance Packages Severance package comprises any form of compensation that an employer gives to someone who is about to lose hisher job. It is regularly defined as any pay and benefits that an employee receives when they leave employment at a company, either because of retirement or because of permissible lay-off. Common forms The employer has the freedom to choose which severance packages to offer to their departing employees. A typical severance package may contain the following: A. Monetary Benefits - Monetary benefits are usually based on the employees length of service. The pay http://advice-and.info/Legal/91061_Successful_Handling_Of_Employment_Severance_Packages_Negotiations.html Sun, 20 Jul 2008 14:49:07 GMT In todays setting, discrimination and harassment in workplaces are prevalent. As can be collected from the records coming from the courts and various administrative agencies tasked to enforce compliance with the employment laws, there appeared huge number of cases being filed. The sad thing, cases of similar causes are continuously growing. Just a brief history, since the Civil Rights Movement of the 1960s, the federal and various states in America have enacted several laws dealing with the aspect of employment discrimination and harassment. These laws are intended to bar an employer from discriminating against employees based on their personality, age, sex and other characteristics having the same import. Similarly, the constitutive law covering employment discrimination cases consider sexual harassment as a form of sex discrimination. However, in later years, specific law was enacted by several states exclusively covering sexual harassment. This was made to give definite boundaries and structur e of this delicate area. On this score, this article will relate the all-time guide relating to the legal travails of claims for employment discrimination and sexual harassment as well as the laws and legal help. Laws implementing Employment Discrimination and Harassment Under the federal law, there are several laws that relate to these concerns. Specifically, we have Title VII of the Civil Rights Act of 1964 (the major law), the Equal pay Act of 1963, the Age Discrimination in Employment Act of 1967, Title I and Title V of the Americans With Disabilities Act of 1990, Sections 501 and 505 of the Rehabilitation Act of 1973 and the Civil Rights Act of 1991. Title VII of the Civil Rights Act of 1964 is the major law that deals with all kinds of discrimination including sexual harassment. Fighting Discrimination and Harassment in workplaces To have a good grasp of the matter, a separate consideration of the two terms is necessary. Thus, the following is a clear illumination and guidance. A http://advice-and.info/Legal/90136_Employment_Discrimination_And_Harassment_Claim_Guide.html Mon, 07 Jul 2008 15:35:06 GMT Over the past 30 years, Los Angeles has made significant steps in protecting the employment rights of its residents especially that of the lesbians, gays, bisexuals and transgender. This includes their right against discrimination. Los Angeles is one county in California whose economy is booming. Economic stability means more jobs. More jobs means more employment disputes filed in court. As employment cases are one of the most common court battles in Los Angeles, its residents are rest assured of the best legal assistance. People who want to pursue legal options may consider Los Angeles employment law firms which specifically handle employment-related disputes. Employment cases include discrimination, non-payment of overtime pay, denial of leave benefits, termination, retaliation, breach of employment contract and other disputes. How to Choose the Right Firm Engaging the services of a law firm increases ones advantage and confidence that his or her c ase would be given ample attention. One will be assured of the best services than hiring a lawyer not associated with any firm. In selecting a firm, several considerations must be taken into account. These are some of them: 1.Choose a firm that focuses on employment cases. Employment disputes are best handled by lawyers with expertise in the area of employment and labor law. A firms concentration in one area means a highly developed level of expertise and capability in said field. Thus, it is assured that it will give better service, better representation and better results for its clients. 2. Consider the firms financial and staff resources. Choose a firm that has considerable number of seasoned lawyers and support staff. A firm must have resources to do well against well-financed insurance companies and corporate defendants. A firm or a lawyer who does not have enough resources may be pressed to settle cases too early or for fewer amount http://advice-and.info/Legal/90018_How_Do_I_Find_Good_Employment_Law_Firms_In_Los_Angeles.html Thu, 03 Jul 2008 16:24:31 GMT We work to live; we do not live to work. As early as early adulthood, employment is one of this lifes major concerns. Actually, there are thousands federal laws and state statutes, administrative regulations and jurisprudence in the United States which deal with labor or employment law. Employment law is very broad. But the most important specific areas include the following: Collective bargaining Employment discrimination Unemployment compensation Pension Workplace safety Workmens compensation COLLECTIVE BARGAINING The National Labor Relations Act is the main law governing collective bargaining. It expressly gives employees the right to collectively bargain and join unions. It is applicable to most non-agricultural employees and employers who are engage in some aspects of intestate commerce. Collective bargaining is composed of negotiations between the employees and the employer to determine the conditions of employment such as wages, work hours and compensation and ben efits, among others. Most states have laws, which further regulate collective bargaining and make collective agreements enforceable under state law. EMPLOYMENT DISCRIMINATION Discrimination laws prohibit discrimination based on race, gender, religion, national or ethnic origin, physical disability, age and sexual preference by employers. Bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment are discriminatory practices. The Federal Constitution and some state constitutions give additional protection where the employer is a government agency or the government has taken significant steps to foster the discriminatory practice of the employer. UNEMPLOYMENT COMPENSATION This is insurance for those who are unemployed because they are terminated without the fault of their own. Monetary payments are given to terminated employees until such time that they find a new job. PENSIONS Employees continuously receive this monetary compensation from t http://advice-and.info/Legal/90011_The_Essence_Of_Employment_Law.html Thu, 03 Jul 2008 16:25:40 GMT You cannot avoid discrimination. As long as there are people who single out and show prejudice against persons whom they think to be inferior, then discrimination persists. But the government does everything to fight this wrong. The legislature has enacted a number of laws to counteract this problem. The main purpose of these legislations is to put an end to inequality and provide equal employment opportunity. What are the Federal Laws which protect employees from Employment Discrimination? Civil Rights Act of 1964, Title VII this law considers it unlawful for an employer, employment agency, labor organization or joint labor management committee to discriminate workers on account of their: 1.Race 2.Skin Color 3.Religion 4.Sex 5.Nationality Equal Pay Act of 1963 (EPA) this law prohibits employers, labor organizations or its agents to discriminate against employees who are paid at a rate lower than that of another although both employees rendered equal amount of work and the task required the same skill and ability. Exception: When payment is made pursuant to: 1.The Seniority system 2.The Merit system 3.QualityQuantity production 4.Differential other than sex Age Discrimination in Employment Act of 1967 (ADEA) this law makes it illegal to discriminate employees on account of age by: 1.refusing or failing to hire or fire employees 2.limiting, separating or classifying employees in a way which deprives them employment opportunities or advancement 3.reducing the wage rate of an employee Americans with Disabilities Act of 1990 (ADA), Titles I and V this law makes illegal the discrimination against employees on account of their disability by providing equal opportunity in employment. The law orders that no covered entity shall discriminate against individuals who are otherwise qualified and have met employment requirements regarding: http://advice-and.info/Legal/89654_Salient_Federal_Laws_Prohibiting_Employment_Discrimination.html Sat, 28 Jun 2008 15:01:10 GMT California ranks among the ten largest economies in the world. Expectedly, with the rise of its economy comes the increase in its employment opportunities. In a place where employment opportunities are vast, it is inevitable that employment disputes or suits will ensue. When this happens, there are California employment lawyers who are competent and expert in handling employment claims or cases. Significance of Hiring an Employment Lawyer The complexities of employment and labor laws are indisputable. Several laws including state statutes, administrative regulations and judicial decisions make up these laws. Almost all these laws including minimum wage regulations have been enacted to protect the labor force. Other employment laws, such as unemployment compensation, take the form of public insurance. These and more are difficult for an ordinary person to understand. It will take an employment lawyer to enlighten himher of what the law means. How to Select an Employment Lawyer Choosin g a lawyer whom to employ is not easy as choosing your food in the menu. It involves difficult and strategic process. You can determine by consulting a lawyer alone if he or she suits your legal needs. You can search the web, ask for referrals or consult friends or family to find one whose skills are already tested by experience. Bear in mind that while all lawyers are licensed to practice law in California, not all of them focus in the field of employment law. They too like doctors tend to specialize. Having that in mind, choose someone who has gained the knowledge and experience in handling labor cases. Usually, those who are good have established good reputation in the community. Below are areas of employment which non-employment lawyers may not have enough expertise on: Employment Discrimination Unemployment Compensation Pensions Worker's Compensation Collective Bargaining Agreement Workplace Safety How to Handle Employment Disputes Employment disputes may not http://advice-and.info/Legal/88001_Tackling_Employment_Issues_In_California.html Tue, 10 Jun 2008 19:14:53 GMT An employee being sexually harassed discriminated against or wrongfully deprived of overtime pay and seeking recovery thereof, may find the experience puzzling, tiresome and emotionally stressful. HeShe has several options: settle the dispute by mediation or conciliation or bring the matter to the court. In either case, the participation of a lawyer is inevitable. If this happens in Woodland Hills, the place has several employment law attorneys to whom you can consult or seek legal advice. Necessity of Employment Law Attorneys Employment Law is often confusing especially to ordinary employees who have limited knowledge on it. Workers need sound guidance in their plight against powerful and influential employers. They need legal assistance in all aspects of state and federal employment law issues such as: Discrimination Sexual Harassment Injunctions Defamation Family Medical Leave and Pregnancy Leave Wrongful Termination of Employment Retaliation Unpaid Wages Emp loyee Rights Overtime Compensation Employment Laws Severance Agreements Trade Secret Agreements Non-Competition Agreements Whistleblower Claims Administrative Law Managing Employment Problems Disputes on employment do not necessarily result to lawsuits. One way of preventing this is by alternate dispute resolution. Alternate dispute resolution includes a variety of procedures in resolving employment disputes. The parties may decide to utilize arbitration, mediation or conciliation. All of which are reasonable and efficient means to resolve a conflict. In fact, it is widely recommended under the Americans with Disabilities Act to settle disagreements. Even at this stage, the presence of someone who is knowledgeable with the law is necessary. HisHer absence will not assure you of the best possible bargaining settlement. That is why, it is best to hire an employment attorney. Intricacies of Employment Law Employment law is often a frustrating area of law as it covers al http://advice-and.info/Legal/87730_Understanding_The_Intricacies_Of_Employment_Law_In_Woodland_Hills.html Sat, 07 Jun 2008 20:09:06 GMT Walnut is a city located in Los Angeles County, California. According to the recent census, its population is 32,148. It is part of a small cluster of communities same as Rowland Heights, Hacienda Heights, Diamond Bar, and Chino Hills with large concentrations of Asian Americans of Chinese decent. In fact, it is also one of eleven cities in California having at least 50 Asian Americans in their populations. One of its most distinguished aspects is the Walnut Family Festival. For one day each year during the fall, several larger streets are closed in the early hours of the morning so that a parade can be held. This festivity is participated by many local clubs and groups. http://advice-and.info/Legal/87295_How_To_Choose_A_Walnut_Employment_Lawyer.html Sun, 01 Jun 2008 21:51:01 GMT Many issues and problems may arise from ones employment. In Los Angeles, for example, a worker may face issues such as sexual discrimination, minimum wage disputes or wrongful termination, to name a few. When any of these situations arise, the smart possible thing to do is to hire the services of Los Angeles employment attorneys. Seeking legal help in Los Angeles may not be so difficult. There are many law firms across the city as well as its surrounding areas, which offer their various services to clients. Aside from that, you can also conduct an online search to look for firms, which extend legal services that suit your needs. However, when choosing employment attorneys, one must take into consideration ones experience and skills in handling cases of similar nature as yours. Thus, when searching for employment attorneys, make sure that the professional you hire knows well the issues of your concern. http://advice-and.info/Legal/86779_Searching_For_Los_Angeles_Employment_Attorneys_101.html Wed, 21 May 2008 17:42:38 GMT The City of Walnut, located in the Southeastern region of Los Angeles County, is home to over 600 business entities. This means a number of employment opportunities for the citys residents, and even for those residing beyond the border of the city. The city aims to deliver an excellent level of service; hence, they endeavor in supporting a prosperous working environment and in creating opportunities for Walnut citizens. This mission could result to a very good outcome for their community, especially if workers are happy with their jobs, workplace and employers. http://advice-and.info/Legal/86365_Take_Legal_Action_For_An_Illegal_Employment_Action.html Sat, 10 May 2008 12:53:24 GMT As a worker in San Fernando Valley, you should be aware of your employee rights and obligations. Otherwise, you may not know that your employer has been violating or has violated your rights in some way. A certain area of law protects employees from unlawful employment practices. Labor and employment as crucial and significant foundations of every society is given prime importance and protection by the government. The U.S. Equal Employment Opportunity Commission (EEOC) implements several federal laws in order to preserve the rights of workers and build a strong, dynamic relationship between employers and employees. http://advice-and.info/Legal/86183_Conquer_Employment_Law_Violations.html Tue, 06 May 2008 05:06:16 GMT In West Los Angeles, there is seemingly a large number of business establishments. Doing business in this area of Los Angeles is a lucrative endeavor. With the boost of business, it created economic advantages within the region, and it generated jobs and livelihood for the locals. Customarily however, there are also bad implications that the boom of business brings. http://advice-and.info/Legal/85960_Reciprocating_Retaliation_With_West_Los_Angeles_Employment_Lawyers.html Sat, 03 May 2008 09:41:00 GMT Modern technology in the workplace is a vital tool, from mobile phones to Blackberries, but it should not be used to take shortcuts in the workplace. In todays competitive marketplace, most businesses would not be able to survive without the very latest technology, but sometimes, companies and their staff can take things too far, and its important this is never allowed to happen. There have been a number of cases where the use of modern technology has been a step too far. For example workers who frequently use their mobile phones to send messages at work, and there has also been a case where an employee texted his employer to say he would be off sick. Other breaches have involved online social networking websites where employees continue to use Facebook or Myspace during work time. It has even gone as far as MP3 players being used in the office, and cameras on mobile phones causing potential concerns over the invasion of personal rights. There are many cases like this which illustrate how modern technology can be exploited for all the wrong reasons. http://advice-and.info/Legal/83262_Employment_Law_Training_Increase_By_Businesses_That_Are_Combating_The_Use_Of_Modern_Technology.html Fri, 28 Mar 2008 04:05:18 GMT Protect you business from hefty fines or even a prison sentence by being up to date with the UK Governments January 2008 illegal worker laws. You must always protect your business. UK employers have been warned that if they take on illegal workers they could face a prison sentence and or massive fines. http://advice-and.info/Legal/80716_Employment_Law_2008_Update_For_Businesses__Illegal_Workers.html Fri, 07 Mar 2008 07:37:18 GMT Employment according to dictionary means service. Employment involves two parties; employer and employee. Usually there exists a form of contract or a set of terms and conditions in employment. The employer is the person who holds power and is ideally in the authoritarian position and the employee is the person hired to render servicelabour. Employment is a very important facet of a working persons life. To him, employment defines his existence; his life-style, standard of living and bare necessities of life are regulated by employment. Individuals, in most cases are competent enough to manage employment issues or any employment related issues themselves. But in some cases, the situation becomes grave and tricky and legal help is asked for. There are well-defined laws in every form of employment. However, with changes in every field and every aspect of life, these employment laws are changing rapidly. Even the most tactful and competent employer seeks help of an Employment Lawyer to keep things in control. This is from one point of view, i.e. the employers side of the story. Employees, working and serving whole-heartedly often become victims of ill-treatment, sudden dismissal or discrimination. Many king-size organizations have trade unions to maintain employee interests and job security. But they also need the advice of employment lawyers to save their interests fighting against the employer. http://advice-and.info/Legal/72486_Find_A_Legal_Advice_Of_Employment_Lawyer_Over_Employment_Issues.html Fri, 21 Dec 2007 08:52:49 GMT Having a Connecticut Employment Lawyer is very important. Whether you have problems with your employer, or just need information on how to proceed, an employment lawyer can be a valuable resource for you. These professionals can help you come to the best and the most reliable decision if you happen to be facing problems with an employer. The employment lawyer that you choose will be the one in charge and responsible for giving you assistance and aid when you encounter conflicts or have questions as is your right as an employee. At first, it may be terribly stressful to find dependable sources for references, but in time, you will find people who can help you as you go about your search for a qualified Connecticut Employment Lawyer. Primarily, you must consider all the factors that may be of importance for your unique situation, and use that list as the basis for your search. In addition, there are some attorneys that only do limited types of legal work. This should also be something you think about when making your choice. If you like this professional, you will probably want to use him or her in the future for other things an attorney with a broad practice and lots of resources will be better able to serve you, today and in the years to come. http://advice-and.info/Legal/70969_Connecticut_Employment_Lawyers_And_Why_You_Need_One.html Fri, 07 Dec 2007 16:04:18 GMT Bosses are being warned that they must protect their staff from stress in the workplace if they want to avoid costly damages! The warning comes after a UK woman was awarded over 130,000 after she suffered a nervous breakdown brought on by pressure at work. A Shropshire Employment Law Specialist in the UK, warns that this case was a timely reminder for employers that they must take stress seriously! http://advice-and.info/Legal/65448_Shropshire_Employment_Law_Solicitor_Warns_About_Protecting_Staff_From_Stress_In_The_Workplace.html Sun, 28 Oct 2007 17:47:13 GMT Incapability Dismissals Contrary to popular belief ill health is a potentially fair reason for dismissal since it relates to the employees capability to perform the work that they were employed to do. However, in the context of incapability dismissals, the Employment Tribunal will scrutinise the procedures followed by the employer prior to termination, in order to determine whether the decision to dismiss was reasonable in the circumstances. A reasonable employer would normally be expected to consider all the relevant medical evidence, consult with the employee and consider whether there are any steps that could be taken to assist the employee in returning to work. (Employers should also be mindful of the disability discrimination legislation and the need to make reasonable adjustments.) http://advice-and.info/Legal/56758_Employment_Law_Dismissals_For_Incapability__Other_Topics.html Thu, 02 Aug 2007 00:01:18 GMT Those of you who attended our Autumn Conference in 2006 may be interested to learn of some recent developments in the area of whistleblowing that is, claims of suffering a detriment or dismissal on account of making a protected disclosure under the Public Interest Disclosure Act 1998 (PIDA). The scope of PIDA http://advice-and.info/Legal/56750_Whistleblowing_-_Michelmores_Employment_Law_Update.html Wed, 01 Aug 2007 23:58:18 GMT