Unanswered | Answered

Labor and Employment Law

~13100 answered questions
Parent Category: Business Law
Labor law or employment law deals with the legal rights of employees and employers. It defines what working conditions are allowable by law, particularly with regard to compensation, work environment, health and safety, and penalties.
That would probably depend on your employer. It should not however, reduce your WCI, benefit.  I'm not really sure why you would want to use your available vacation pay hours, if the carrier/adjuster is indeed paying you TTD (Temporary Total Disability) or PPD (Permanent Partial Disability)???…
Popularity: 131
If you are NOT an employee, but rather a business-owner -- who needs to provide coverage -- the answer to this depends on what state you are in. Some states, e.g., Ohio, are "exclusive fund" states. If you do not live in an "exclusive fund" state, there will still be a "state fund" in place. You can…
Popularity: 445
CA Labor Code 3361. Each member registered as an active firefighting member of any regularly organized volunteer fire department, having official recognition, and full or partial support of the government of the county, city, town, or district in which the volunteer fire department is locate…
Popularity: 149
Sounds like your employer is in BIG trouble. You are still entitled to worker's compensation benefits whether or not your employer had the coverage. For more info - steveshorr.comSounds like you need an attorney - attorney referal
Popularity: 119
Yes, an employer can offer coverage to same-sex domestic partners and/or deny coverage for opposite sex domestic partners. You should ask your HR/Benefits representative for a copy of your plans eligibility rules, which will show who you may enroll and more importantly, when you can enroll them.
Popularity: 206
no, no employer can force you to sign up for medical benefits. If you are covered by a spouse, for example, there may be no need for you to sign up for your company's insurance program.It may be required for you to sign a waiver stating you are refusing the insurance offered by your employer. This i…
Popularity: 208
In general, if the insurance was in force at the time of the pregnancy, the coverage will apply according to its terms. If the employee qualifies for the Family Medical Leave Act (FMLA) benefits, and decides not to return to work, the employee and the employee are generally allowed to agree to terms…
Popularity: 264
%DETAILS% Answer When did your old plan end? When does your new plan start? Do you have the SAME plan with the Insurance Company. That is, one might be HMO the other PPO, etc. If you were given a prescription with a years worth of refills while you were covered by Aetna through y…
Popularity: 176
Contractors General Liability Insurance Premium for a general contractor can be based on one or a combination of two things, either your gross receipts and or your payroll and cost of subcontractors. Each company has it's own rating methodology so it depends on which market is quoting for you. As …
Popularity: 251
Answer Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under t…
Popularity: 130
4.4.1 - Time RestrictionsA licensed driver (Class E or higher) who is under the age of 17 may not operate a motor vehicle between 11:00 p.m. and 6:00 a.m.,unless accompanied by a driver who is 21 years of age or older and holds a valid driver license (Class E or higher), or the operator isdriving to…
Popularity: 171
In this climate of litigation, the probability is that most organizations that have been given the proper legal advice will only disclose three pieces of information about you, no matter the quality of the job you did: Dates you were employed.Your job description or employment capacity.Your salary i…
Popularity: 338
Answer A work permit is a certificate that allows children to work. In many states the age is 16 that you need to be to get one. In other states, such as Wisconsin, Virginia, New York, you can get one at the age of 14. Your parents need to sign it. In most places the permit is obtained thro…
Popularity: 191
How to Address a Wrongful TerminationRather than "Wrongfully Terminated", I put, "Will discuss if necessary." It's always worked for me.  
Popularity: 303
An employer large enough to be subject to anti-discrimination laws can not take arrests into account, ever. Employers can take convictions into account if they are job related. Small employers not subject to anti-discrimination laws can do what they wish. Arrested is different from convicted. Th…
Popularity: 274
You can give permission to contact your present employer only if an offer is made. Advise employer you will not permit prior to an offer being made, but certainly afterwards. This protects you either way. I'd say it depends on your situation. If you're working part-time while hunting for a full ti…
Popularity: 291
"I don't think they can find out why you were fired..." No law prevents employers from asking or discovering why you were fired, AND taking it into account. Do all you can to try and not get fired. "By law, the only information they can get from your other employers is the dates you worked there …
Popularity: 266
Answer (Disclaimer: This answer applies to Massachusetts and is probably slightly different depending on the state you live in, such as what age you're considered a juvenile, etc.) If you are a juvenile (in MA, age 7 until the day you turn 17, NOT 18) and you have a court hearing in which you…
Popularity: 200
Put them with your job history. The school, put with the education section, if there is an education section. You need to list everything from the time you started working until now. For health reason, just put the dates that you were sick and say off work because of illness or poor health. Or somet…
Popularity: 238
Criminal record checks (local jurisdictions and federal) are fairly standard for most employers. However, unless there is a nexus (relevance) between a credit check and the position for which you have applied - you would have a perfectly legitimate reason to decline to have your credit history inclu…
Popularity: 178
%REPLIES% Answer It depends on just what type of job you're talking about. If it was any job such as a casino attendant, cashier, bartender, child care, security, or similar or anything that required bonding or fingerprinting it was reported to the NCIC which is a record that unfortunately…
Popularity: 194
It all depends on the employer, usually after seven years a bankruptcy is clear from your record, even though someone has a bankruptcy in their record they can try to get credit to begin to improve their credit.
Popularity: 250
An employer can ask about anything; when I ask some experts regarding this question a more "acceptably" answer seemed to be that personal problems were being attended to and now that things were better I was ready to go back to work. If you have had severe issues for two years maybe you need to look…
Popularity: 226
In the state of Texas an employer cannot divulge why the employee was fired, only if they are "rehireable" The fact that some one was FIRED is a red flag for most potential employers, regardless of the WHY of the situation.   There are no federal statutes forbidding employers from saying…
Popularity: 176
Answer Most certainly. They will understand and you can explain it at the interview 'if they ask'. Answer Yes it is ok. as a matter of fact in Massachusetts you need written permission to contact anyone for a reference.
Popularity: 211
Most perspective employers don't need to ask considering they can legally test you for illegal drugs. Employers can absolutely ask if you have or still use illegal drugs as it would obviously affect your performance. You do not legally have to tell them the truth, its not a court room, you don't ha…
Popularity: 114
In the US, you are not obligated to reveal this information, as we've all committed various crimes at time, but never been prosecuted or convicted for it, such as jaywalking, running red lights, speeding, etc.. If you have been convicted of a crime and it is still on your criminal record, then you m…
Popularity: 117
yes they can   Technically in the U.S. people are innocent until they're proven guilty, which is why applications ask about convictions. In reality, they will suddenly decide that another candidate has better experience and qualifications than you do. There's nothing illegal about that.
Popularity: 117
It would be best if you put both. In the employer field list the company that you we're working at/Job site (it's even okay to add the agency's name in parentheses), then in the job description say something like..."contracted through ABC Temp agency to..."
Popularity: 145
in my experience i have worked with children a lot as baby sitting i have done waitrising and alot of cleaning. well u can always work at publix on the weekends!!!   well, i have been working on the local market like just setting up and putting away the products i got paid �26 a day …
Popularity: 135
KrogerMost companies request that minors be at least 15 to 16 depending upon the state in question to be considered for employment.  
Popularity: 131
The cover letter is to get you in the door, not to offer excuses. Explain why you are interested in the job, and give two or three reasons why your qualifications match.If the gap in your experience is large (more than 1-2 years), you will need to assume this will be questioned and you need to indir…
Popularity: 181
Don't try. If asked why you left your previous employer, you should give a more generic answer like "your skills not being the right fit for your previous employers needs." Then don't sit there quiet waiting for the interviewer to ask what you mean, keep the flow going by explaining what your skills…
Popularity: 277
Yes. It's good to give them a few days before calling them. When you reach them, say something like, "Hi. It's (your name), and I had an interview the other day. I'm curious as to if the position has been filled yet." You are entitled to know if the position has been filled or not, and because you'…
Popularity: 187
They probably could, but if you owe them money, it wouldn't serve much purpose. Rather strange situation indeed. If you owed me money, and also worked for me, you would have job for life, or until the debt was paid in full. They CAN, I don't know if they WILL. Probably not, unless they…
Popularity: 112
Epilepsy and Police Work Epilepsy is usually manageable with the right medication. I would think that it would depend on department regulations and civil rights laws. Perhaps you should contact your PA rep. and discuss what your options might be. Other sI have heard of a Police Officer who joined up…
Popularity: 152
I'm not sure on the particulars but, my father did this for most of his life. It is quite easy for a Canadian citizen to get a work visa in the United States. Contact immigration they should be able to give you all the informationUS employers can sponsor work permits for EMPLOYEES, never for non-emp…
Popularity: 177
Most times when an employee is forced into arbitration is when they sign a contract which agrees to this. When you sign your employment contract, you have to read it carefully and be wary of this statement because you end up giving up your rights to the US legal system in many cases.
Popularity: 113
If you're here after an illegal entry (brought here as a child) then you are in the same boat as everyone else here with an illegal entry. You have to return to your home country to adjust your status, and if you just walk into ICE (formerly INS) to attempt to take a test, get a visa, etc, you will…
Popularity: 137
Virtually all schools public and private have what is called a "moral clause" in teacher and employee contracts. Whether or not one can be fired for being convicted of a crime depends on the terms agreed on when hired. In general if the "crime" is a felony, most definitely. If a misdemeanor involvin…
Popularity: 127
None. You have no right to any information unless you are a union employee, in which case the union contract may cover this issue. You'd have to read the contract.
Popularity: 142
Is the sub-contractor competing with the Country Club? Is there any conflict of interest?   I don't see any problem with this unless you are trying to do both jobs during the same shift!
Popularity: 117
Top Recruitment Agencies in Karachi, Lahore, Islamabad Pakistan Alahad Group Pakistan is a Pakistan based Recruitment Agency and Employment Agency specialized in Headhunting and Recruitment, Executive Placement and Executive Search. We have held an unwavering commitment to fostering long-term partn…
Popularity: 139
Yes, your employer may force or require you to stay or work overtime. There is no federal law or even state law that I know of that prohibits an employer from requiring an employee to stay longer in view of the demands for work. What the law provides for however, is that if you are forced to stay l…
Popularity: 131
Basically an employee is TOLD what to do, how and when to do it. Is paid by the time doing it and has taxes taken out. An independent contractor just completes the job, provides his own tools and does it when and how he wants it. For more details go to then scroll down to the links for more detai…
Popularity: 132
this is probably a complex question that no self respecting lawyer would dare touch on this site. if you are really concerned, get legal represtation. qualified legal representation.=====The first question is whether the resort is owned by the individual personally, or whether it is owned by a corpo…
Popularity: 132
Answer well i think it depends what job you go for Answer An employer is under no requirement to say "WHY" you didn't get a job. Answer I honestly don't know whether you can or cannot. But I do know that I have more than one misdemeanor and have never been denied a job based on that fact.…
Popularity: 134
Answer There's two ways to handle this: 1.) Be brutally honest, and simply write "Terminated", and perhaps even a short elaboration as to why. 2.) Be a bit more creative. Use terms such as "Administrative Separation". That's what was recommended to my wife when she was released from…
Popularity: 138
All individuals, including those that fall under the protected classes, have an equal oppurtunity for employment and advancement within an organization. Correct. Those protected classes include race, color, age, national origin, disability, reprisal, sex, and in some cases familial status. Th…
Popularity: 124
Answer yes Answer Absolutely YES. If you lie, and your employer finds out you can be fired for falsifying your application. By lying, you are proving that you haven't changed your ways, or learned from your mistakes. Answer Remember that your felony status is recorded at the Federal…
Popularity: 125
Not all jobs or employers are mandated or required to offer disability leaves or benefits to employees who are pregnant.Under the Family Medical Leave Act, only all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees are covered under it.…
Popularity: 125
Answer Yes. The legal implications would only be if they lied and caused you harm.
Popularity: 116
If the employee did not hit the Supervisor first and that Supervisor hit the employee he/she can be sued! It's best to go to Labor Relations and form a complaint. This Supervisor could/should be fired. It doesn't matter if an employee is in the face of a Supervisor and a source of irritability to th…
Popularity: 119
If I was you I would mark no and then explain to them why you answered it this way. Most employers will understand why you dont want your current employer to find out you are looking for employment elswhere. A different perspective As someone who evaluates applications and interviews and hires peo…
Popularity: 157
Answer A company that accuses an employee of stealing, cheating on books, etc., has got to have proof! If any machinery, tools, etc., have been stolen from the company (any files, etc.) unless they have that person on tape the company doesn't have a case! They can't make a false stateme…
Popularity: 142
Debt Collectors Calling an Employee Yes. In fact, it is a violation of the federal Fair Debt Collection Practices Act for a debt collector to contact you at work if your employer disapproves and they are informed of this fact by you or your employer. You or the employee can tell the deb…
Popularity: 134
The rule is this: If you were married it may be different. The point is that this is not absolute, and you may apply in any case. You can quit in some circumstances and receive UI benefits.
Popularity: 122
Answer Many companies have sub-contractors especially when there is a building boom going on. Sometimes you can make better money this way. Please have a talk with your employer and see what he expects from you and what his cut is in all of this and what exactly you are getting out of it. If…
Popularity: 120
Answer Check "yes" if you don't mind if they call your current employer. Most places call just to verify that you are, in fact, employed by the place that you provided on the application.
Popularity: 131
Go back to the court/judge that made the judgment and ask for an "enforcement order" that gives the employer a set period of time to pay you what is owed to you. If the amount is NOT paid, by the set date, the court will issue a warrant of committal for the arrest of the company's owner or Chie…
Popularity: 116
Yes you can. It was done at the Mc Donald's I worked at in Florida. Usually you sign a statement when hired in stating you will not steal and such. Stealing is a crime....being at a job does not forfeit the law. In South African context that is the sole decision of the Employer, in practice afte…
Popularity: 141
You should go to your Doctor first and get a letter stating why you cannot work. Then go to the welfare office. In Canada you can get disability benefits for welfare which is a higher amount of benefits than regular welfare.  In the US you need to apply for a disability payment through the Soc…
Popularity: 129
There is NO federal law on this; it is a state-by-state issue. Never can an employer be sued for telling the truth, "Pat was fired 15 days ago", since that's true. In many states, a former employer cannot be subject to a suit for defamation for revealing even more details to a prospective emp…
Popularity: 114
Answer We really need to know more information in order to answer this question. Is it money you lent your employer? If so, do you have anything in writing? Or is it money the employer owes you for work? If so, for how long has the money been owed? Each state has labor laws concerning when…
Popularity: 125
According to the US Bureau of Labor Statistics, "median annual wages of kindergarten, elementary, middle, and secondary school teachers ranged from $47,100 to $51,180 in May 2008; the lowest 10 percent earned $30,970 to $34,280; the top 10 percent earned $75,190 to $80,970." According to the Ameri…
Popularity: 311
I think 60-50% of the total income is a good barometer. Besides the viable "benefits" there are holidays, vacation pay, sick day pay, state unemployment insurance and social security witholdings that the employee never sees, but which the employer must match. In California that costs us an extra 8%…
Popularity: 158
In the U.S., 15% of your wages is the guideline, but I have seen up to 25%.
Popularity: 162
Always accept more responsibility
Popularity: 144
continually selling small amounts of shares in order to drive the share price down, a common practice by naked illegal short sellers.sell 100 shares every 5-10 seconds, in illiquid stocks this will cause market makers to drop their bids and the price will continually decline. This is manipulation an…
Popularity: 119
generally, a labor intensive work that requires some kind of previously acquired training or apprenticeship, but not required to be a independent licensed professional. Examples are a: brick layer, carpenter, plumber
Popularity: 139
electrician makes At least minimum wage per year.
Popularity: 366
Mother.
Popularity: 149
to file a claim (888) 581-5812
Popularity: 153
Yes you can however this process will require you to re-apply for the unemployment benefits in New York. Your MN unemployment benefits will cease when you move and will not transfer.
Popularity: 130
Trial shift means they are interested in hiring you; but they want to see how you do first. That's why it's called "trial". If they don't like how you worked, they probably won't hire you.
Popularity: 146
I know in the state of Kentucky you can fire an employee for no reason at all within the first 30 days. After the 30 the employer needs a reason for the termination.
Popularity: 139
Labor laws, that is, laws that govern the relationship, and enforce standards of conduct, between employers and the employed, exist because frictionless economic efficiency can often operate to the disadvantage of the employed, even to the point of the violation of the basic civil rights of the empl…
Popularity: 231
mcdonalds uses child labor in china to make happy meal toys. the children r under 15 and are forced 2 live with 15 other kids in horrible conditions and still pay for rent. the hav 2 sleep on wooden beds with no matresses and work 16hrs a day, and gets paid $2 US for the 16 hrs. hope it helped.
Popularity: 138
Several lawsuits from employees. I will be filing this week as well.
Popularity: 204
They definitely cannot withhold pay if you are an hourly employee. They must pay you for time you have worked even if they don't like your work. Their only option for "punishment," as it were, is to fire you...
Popularity: 126
All of your gross earned income from all worldwide sources that are paying you wages, salaries, etc for providing your services to them to earn the wages.Usually you will receive a W-2 form from the employer with amount in BOX 1 Wages, tips, other compensation that would be entered on line 7 of your…
Popularity: 169
Police department
Popularity: 170
It may depend on the context, but in general it means that the motion no longer has any value so it was denied simply because it doesn't matter. For example, suppose you file two separate motions: one to dismiss a case against you, and another to exclude certain evidence so it can't be used against …
Popularity: 192
You can collect unemployment only if you qualify under state law - you have no income and you are actively seeking work, and you were not fired for a disqualifying reason.
Popularity: 176
Every employer can and should. Added: If you are speaking of opening an account or conducting business with the bank, no. Only if you are a pospective employee will they bother to check your criminal history. Corrected: Criminal convictions are public records. BAnks can check them for any purpose.
Popularity: 125
Because question #19 on ?Florida's application for unemployment addresses Retirement Pensions, it is possible to file when you have one, but it could also affect the amount of your benefits.
Popularity: 150
D IC's are not DUE wages; employees are. IC's are due progress payments or completion payments, as specified in their contracts. Courts will accept contract enforcement suits.
Popularity: 134
Privacy laws do not allow employers to spy on you for the purpose of perfomance evaluation but bizzarely they may under certain circumstances install CCTV in the toilet/bathroom to monitor graffiti writers. False. No statutes prohibit employers from monitoring performance. Employees have no expecta…
Popularity: 126
what is doctrine of equity
Popularity: 149
Doesn't matter if you do or you don't. If you were already given the write up, makes no difference if you sign it. It is still valid.
Popularity: 116
These are known as competency based interviews. In this type of interview the recruiter asks you questions about where you have shown examples of the competencies they are looking for in any particular job. A fairly typical list of competencies might look like this (you need to pick the ones most re…
Popularity: 115
The I.W.W. (Industrial Workers of the World)
Popularity: 127
A director is someone who supervises, controls, or manages
Popularity: 231
In most cases, the employer is the company you currently work for. It can also be previous jobs you have been associated with. Some job applications may ask for the manager of said company, this way they know who to contact to inquire about your work.
Popularity: 145
no its a form of free speech in America other country's rules might differ
Popularity: 156
Workers who ...have their schedule, work methods, dress code, and rules of conduct set by an employer, andrely on that empeloyer for substantially all of their income, andagree to be subject to the employer's rules of conduct, and to take work direction, andthe employer supplies tools, office space,…
Popularity: 128
The minimum office space per person depends on company policy, and in some countries, the regulations of the country you are working in.
Popularity: 144
Allowing employee or applicant race, sex, age, religion, color, or disabilty to be given any weight or consideration in employment decisions in workplaces with more than 14 employees.Including any other factor in decisions - attendance, skill, education, ability to learn, personality, or anything no…
Popularity: 124
If you are referring to a person being employed at a job or occupation after retiring from a previous one . . . the practice is NOT illegal, unless the job requirements of the second (post-retirement) position spell out clearly that this employment status is not allowed by the employer.
Popularity: 116