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  • Employee Contracts & Agreements - Employee Contracts & Agreements Law Resources - LawInfo
    employment relationship without giving notice Pros and Cons of an Employee Contract or Agreement The advantage of having a written employment agreement or contract can also be a disadvantage at the same time A contract binds the employee to the company for an agreed period of time If the relationship is a positive one that contract reassures the employer that a valued worker will not be summarily lost On the other hand if the situation turns out to be a negative one then both parties are bound to fulfill the terms of the contract or risk liability and damage to reputation What an Employee Contract or Agreement Can Include Where a contract is used it tends to contain terms addressing many aspects of the working relationship between employer and employee including Job title Salary Duration of employment Days and hours to be worked Benefits Termination Also written employment contracts may include statements of policies the employee and employer agree to comply with such as noncompete agreements confidentiality agreements and arbitration agreements Employee Benefits have expanded over the decades to include options for perks such as child day care company car and auto insurance shares in the business which can be in the form of stock and stock options expense accounts company cell phones wardrobe allowances and more The more the benefits being offered an employee the more the employment situation warrants a contract that sets in writing the specific benefits that were negotiated and promised Employment contracts also can be implied A contract can be inferred from comments made during an interview or other meeting between employer and employee or from something written in a training manual or handbook Even though implied contracts are difficult to prove they are legally binding Share this information Search LawInfo s Employee Contracts Agreements

    Original URL path: http://www.lawinfo.com/employee-contracts-agreements.html (2016-02-15)
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  • Employee Privacy - Employee Privacy Law Resources - LawInfo
    can help avoid employee complaints of privacy violation if these steps are taken Develop clear and comprehensive policies Expressly inform employees of the circumstances under which they cannot reasonably expect privacy and Consistently and uniformly apply the policies It also helps if the employer obtains the employee s written consent beforehand to drug testing or release of the employee s medical or personnel records Federal and state laws protecting employee privacy while in the workplace or while using company supplied devices and services such as telephones computers email and vehicles equipped with GPS is almost nonexistent In general employers are legally permitted to take liberties with their employees privacy as long as the employees are given notice However constant and invasive surveillance and monitoring or reckless disclosure of employee personal information and records does not create an environment where employees feel safe trusted and valued so many employers make an effort to intrude on their employees privacy as little as possible Share this information Search LawInfo s Employee Privacy Resources Additional Employee Privacy Articles What Administrative Body May Impose Remedies For A Violation Of The Employee Polygraph Protection Act Of 1988 EPPA What Does The Employee Polygraph Protection Act Of 1988 Govern EPPA Can my employer force me to take a drug test Top Related Employee Privacy Topics Background Checks Employee Polygraph Testing Internet Monitoring Office Space Searches by Employers Workplace Drug Testing Still have questions Contact experienced Employee Privacy Attorneys on LawInfo com or learn more about Labor Employment Law Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Unemployment Benefits Wrongful Termination Sexual Harassment Employee Privacy Videos Non Compete Agreements Non Compete Agreements Defamation And Gossip In The Workplace Employee Computer Privacy Over the

    Original URL path: http://www.lawinfo.com/employee-privacy.html (2016-02-15)
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  • Equal Employment Opportunity Commission - Equal Employment Opportunity Commission Law Resources - LawInfo
    that discrimination occurred it will attempt to settle the case through meetings mediation re education and negotiation The EEOC also has the authority to file a lawsuit against an employer accused of discrimination The lawsuit may be on behalf of an individual employee or several employees in a class action suit Mediation After a claim is filed the EEOC may ask the employee and employer to participate in mediation Participation is completely voluntary and if one or the other party refuses to mediate the claim proceeds to an investigator Mediation is conducted by a trained and experienced mediator If mediation is not successful the claim is investigated pursuant to EEOC policy An agreement reached during mediation is enforceable in court like a contract Notice of Right to Sue When a claim is filed with the EEOC the commission has jurisdiction over the matter for 180 days during which the claim is investigated and the claimant cannot file a lawsuit against the employer in court If after investigating the commission does not find indication of discrimination the claimant is given a Notice of Right to Sue which permits the claimant to file suit in state court Remedies Remedies available in cases of employment discrimination include Placement in a job where the applicant or employee was not selected because of discrimination along with the concomitant back pay and benefits Requiring the employer to stop discriminatory practices and prevent discrimination in the future Payment of the claimant s attorney s fees expert witness fees and court costs Compensatory and punitive damages Share this information Search LawInfo s Equal Employment Opportunity Commission Resources Additional Equal Employment Opportunity Commission Articles EEOC Charge Of Discrimination Employer FAQ The EEOC s EEO 1 Standard Form What if the EEOC Determines an Employer Violated the Law Still have

    Original URL path: http://www.lawinfo.com/equal-employment-opportunity-commission.html (2016-02-15)
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  • Hiring - Hiring Law Resources - LawInfo
    disability equal access to employment opportunities This is considered a reasonable accommodation Background Checks Employers can lawfully check into many areas of an applicant s background to determine whether the applicant is a viable candidate Allowable checks can include Credit reports Criminal records Medical records School records Military records Workers compensation records The Fair Credit Reporting Act requires employers to obtain an applicant s written consent before checking the credit report and provide the applicant with a copy of the report is the decision not to hire the applicant is based on the report Criminal Records It has become customary for job application forms to ask applicants to list any felony criminal convictions but the laws as to whether the question is legally permitted varies from state to state Federal and many state laws require an employer to get written consent from an applicant before accessing the applicant s education medical and military records Honesty and Drug Testing The Employee Polygraph Protection Act prohibits employers from requiring applicants take a polygraph test Lie detector and other honesty tests may violate state laws protecting privacy Employers may test for drug and alcohol use but to avoid violating laws such as the Americans With Disability Act it is best to test an applicant after extending a job offer The employer should inform the applicant that the test is a regular part of the hiring process test all applicants similarly use a reputable testing facility and obtain written documentation of an applicant s agreement to take the test Share this information Search LawInfo s Hiring Resources Top Related Hiring Topics Employment Offers Illegal Interview Questions Job Offer Negotiations Still have questions Contact experienced Hiring Attorneys on LawInfo com or learn more about Labor Employment Law Find an Attorney in Your Area Legal Issue

    Original URL path: http://www.lawinfo.com/hiring.html (2016-02-15)
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  • Human Resources - Human Resources Law Resources - LawInfo
    and state laws that prescribe and proscribe how employers must treat employees The HR department must keep abreast of the many labor and employment laws and their changes to ensure that employees rights to privacy fair wages safe working conditions and mandatory benefits and freedom from discrimination or harassment are recognized and protected The following federal laws are just a sample of the many statutes including state laws human resources is required to comply with Labor Management Relations Act Fair Labor Standards Act Family and Medical Leave Act Title VII of the Civil Rights Act of 1964 Pregnancy Discrimination Act Americans with Disabilities Act Age Discrimination in Employment Act Occupational Safety and Health Act Share this information Search LawInfo s Human Resources Resources Still have questions Contact experienced Human Resources Attorneys on LawInfo com or learn more about Labor Employment Law Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Unemployment Benefits Wrongful Termination Sexual Harassment Human Resources Videos Over the Counter Medication In The Workplace Over the Counter Medication In The Workplace Non Compete Agreements Advertisements Find An Attorney By Practice Area By Location By

    Original URL path: http://www.lawinfo.com/human-resources.html (2016-02-15)
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  • Labor Management Relations Act (LMRA) - Labor Management Relations Act (LMRA) Law Resources - LawInfo
    deemed unfair labor practices by unions It is still in effect today Examples of What Is Prohibited by LMRA Some of the types of conduct and policies that are prohibited by the act include the following Jurisdictional strikes these strikes occur when union members strike in order to protect members right to a particular job assignment and to prevent employers from assigning the work to members of another union or nonunion workers Wildcat strikes wildcats strikes are when workers walk of the job when the union leadership has not authorized a strike Political strikes strikes motivated by political motives like a particular candidate or official and proposed legislation Secondary boycotts strikes that occur when a union institutes a strike secondary to the dispute at issue for example a strike at the parent company of the company involved in a labor dispute Closed shops the term closed shops refers to employers that have an agreement with a union to only hire union workers The Act still allows for union shops which require new hires to join the union in a certain amount of time and as part of a collective bargaining agreement Labor disputes can involve highly complicated legal issues that require equally specialized legal training and experience Share this information Search LawInfo s Labor Management Relations Act LMRA Resources Additional Labor Management Relations Act LMRA Articles What is the Labor Management Relations Act LMRA Still have questions Contact experienced Labor Management Relations Act LMRA Attorneys on LawInfo com or learn more about Labor Employment Law Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Unemployment Benefits Wrongful Termination Sexual Harassment Labor Management Relations Act LMRA Videos Over the Counter Medication In The Workplace Over the Counter

    Original URL path: http://www.lawinfo.com/labor-management-relations-act-lmra.html (2016-02-15)
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  • Maternity Leave - Maternity Leave Law Resources - LawInfo
    the Employee s Job Employees should consult company policy for specifics on what the employer provides and does not provide Most maternity leave is unpaid and employees must use whatever paid time off benefits they can accrue The advantage of maternity leave is that the employee s job is protected In general an employee returning to work from maternity leave can expect to resume the same job If the position has been eliminated the employer is expected to return the employee to a job at the same salary and benefit level The Family and Medical Leave Act FMLA The FMLA mandates that companies allow employees up to 12 weeks of unpaid family leave time after the birth of a child The FMLA applies to both men and women and is also available for those who adopt a child If the parents work for the same company the 12 weeks is then divided between both parents Individual states also may have laws that provide additional weeks of unpaid but job protected leave or short term disability insurance that offers more generous terms Short term disability payments cover all or a portion of an employee s salary when she or he is unable to work due to illness injury or childbirth Many large employers and unions offer short term disability benefits Share this information Search LawInfo s Maternity Leave Resources Still have questions Contact experienced Maternity Leave Attorneys on LawInfo com or learn more about Labor Employment Law Find an Attorney in Your Area Legal Issue e g Personal Injury Location Area Code OR City State Advanced Search Options Popular Searches Unemployment Benefits Wrongful Termination Sexual Harassment Maternity Leave Videos Over the Counter Medication In The Workplace Over the Counter Medication In The Workplace Non Compete Agreements Advertisements Find An Attorney By

    Original URL path: http://www.lawinfo.com/maternity-leave.html (2016-02-15)
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  • Occupational Safety & Health Act (OSHA) - OSHA Law Resources - LawInfo
    To be informed of results from tests and monitoring that measure hazards in the workplace Access to records of injuries and illnesses that occur in worksite Access to workplace medical records Requesting that OSHA have a workplace inspected Participate in an OSHA inspection and speak with the inspector File a complaint asserting retaliation or discrimination by the employer in response to a request for an inspection File a complaint if punished or otherwise retaliated against for whistle blowing as defined under the federal laws Workers can file a complaint with OSHA asking for an inspection of the workplace if they believe there is a serious hazard or have reason to doubt their employer is following OSHA standards A worker can tell OSHA to keep his or her identity secret Worker Protection OSHA protects workers who report safety issues request an OSHA inspection or file a complaint with OSHA from employer discrimination including protection from retaliatory acts such as Firing or laying off Blacklisting Demoting Denying overtime or promotion Disciplining Denial of benefits Failing to hire or rehire Intimidation or making threats Adverse reassignment Reduction in pay or hours OSHA can assess a maximum penalty of 7 000 for each serious violation and 70 000 for a repeated or willful violation Share this information Search LawInfo s OSHA Resources Additional OSHA Articles Who Is Covered By The Federal Occupational Safety And Health Act What Does The Federal Occupational Safety And Health Act OSHA Govern Who Is Covered By The Federal Occupational Safety And Health Act What Administrative Body May Impose Remedies For A Violation Of The Federal Occupational Safety And Health Act What Does The Federal Occupational Safety And Health Act OSHA Govern Who Is Covered By The Federal Occupational Safety And Health Act OSHA What Administrative Body May Impose Remedies

    Original URL path: http://www.lawinfo.com/occupational-safety-and-health-act-osha.html (2016-02-15)
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