Legal Aid Employment Law

Q.What is Labor Law?

A. Employment Law or Labor Law concerns the legal relationship between employers and employees. Statutes regarding labour law are observed in any respect levels of government, from federal to state, to county and city. Labor law determines. Once an employer makes an offer for employment to an employee the legislation regulating the relationship between an employer and a worker begins. Labour law governs the connection between employee and employer -- the initial hiring process, job duties, wages, promotions, benefits, occupation reviews and conclusion of their employment relationship. It also has litigation on the basis of unfair labor laws and practices. According to the United States Department of Justice Bureau of Justice Statistics job bias lawsuits filed in U.S. District Courts jumped from 6,936 from 1990 into 21,540 in 1998.

Q. What is the difference between independent contractor and employee?

A. This distinction is significant in reference to income earned by an employee or independent contractor is handled for tax purposes, along with if legislation regulating the relationship between an employer and a worker will apply, go to GKLAW Lawyers.

Q. What constitutes sexual harassment?

(3) The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Q. Are employees entitled to view their files?

To be able to avoid running afoul of the Americans with Disabilities Act, employers should maintain medical records separate from other personnel records. This is to steer clear of managers' information about physical or psychological issues that have no direct bearing on the employee's ability.

Q. Can a foreigner work for a U.S. company whilst here on a B-1 business visitor visa?

A. No. The feature of this class is that the alien cannot engage in gainful employment in the United States. Crucial here is whether the alien will be paid a salary from a U.S. company or otherwise participates in activity here which results in payment on the foreigner of a fee for services rendered here. Gray areas with this issue may become a problem for some company visitors from the B-1 category. It's ideal to consult to ensure that you does not violate federal immigration laws and remains in status that is lawful.

Q. If a worker is injured at work, what happens?

A. After injury or sickness occurs, it's the employees responsibility to complete a claim form and then submit it to the employer or the state employees' compensation agency/board. An employer is going to have the claim forms accessible. The claim will be submitted by the employer to the insurance 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 company. If the employer contests the claim to determine whether , or how much, compensation is owed to the employee A hearing can be scheduled.