There are very strict laws put into place for the protection of employees from certain questionable practices done by employers. Most of these laws are stated in the Fair Labor and Standards Act, which although passed in the 1930s, has been frequently updated. Unfortunately, many employers in the United States are constantly trying to find ways around these laws. One common way employers try to evade employment laws is by mis-representing employees as independent contractors. Independent contractors are paid less than permanent employees, and so employers can pay them according…
Read MoreCategory: Employment Law
Receiving Social Security Disability & Unemployment Compensation at the Same Time – No Easy Answer
There appears to be a conflict between Social Security Disability and Unemployment Compensation. In order to get Social Security Disability, you have to claim you are “disabled” for any work. However, to obtain Unemployment Compensation you have to claim you are “able and available” for work. The November 15, 2006 Memorandum from Chief Judge Frank Cristaudo. The Chief Judge said, “… the receipt of unemployment insurance benefits does not preclude the receipt of Social Security disability benefits. The receipt of unemployment benefits is only one of many factors that must be…
Read MoreThe Employee Benefits Security Administration
In the 1970s, the federal government chose to address growing concerns about workers’ rights and the standards corporations used to decide retirement and compensation benefits. As a result, Congress passed the Employee Retirement Income Security Act in 1974, which established a number of important guidelines. Among these, the law officially broke the workers’ compensation and grievance process away from the common courts. Instead, as the system works now, complaints go through compensation administrative courts, working with their own standards for evidence and judgment. In order to facilitate this law and…
Read MoreComputer Eye Strain Injuries
Workers’ compensation has evolved over the past few decades. While technology has advanced, injuries related to specific types of machines have similarly been reported. As a result, compensation claims for injuries such as carpal tunnel syndrome, eye strain, and neck and back strain have risen with the advent of the computer era. Although computers are wonderful machines that simplify the work experience for millions of Americans, they also have peculiar drawbacks due to the way they are used. As computer screens cause a great amount of constant focus for eyes,…
Read MoreEmployment Law on Redundancy – When Redundancy Becomes Unfair Dismissal
Did your employer make your job redundant? Of course, you should take a look at reasons for the decision. Are you singled out to take a redundancy? Is the business really not doing well? Is the employer looking for a new employee who would occupy your position? Be aware that there may be cases when employers inappropriately and illegally make employees redundant. You need to take a look at the UK employment law on redundancy. You should be aware that in the employment law on redundancy, if you have been…
Read MoreCompromise Agreements – Getting Your Redundancy Payout
You are entitled to a redundancy payout if you have been made redundant by your employer due to uncontrolled business circumstances like a takeover by another firm or reorganization. Your entitlement is more certain if you have been working for the employer continuously for the last two years. A redundancy payout is also due when your fixed-term contract of about two years or more is expiring and is not subject to renewal because of the redundancy. Any redundancy payout should be made automatically. You do not need to file for…
Read MoreThe Basic Info Regarding Contractors Insurance
Contractor liability insurances are the monetary protection which building contractors anywhere need in the countenance of millions of diverse things which are going wrong in little or big job. This insurance protection is not only a luxury but a great necessity. As matter of fact, contractor accountability insurance is required mostly in majority of projects by the financing corporation. But whether an individual is just an ordinary cabinet installer or a major general, a contractor liability indemnity is one of the means to stop from worrying every day regarding that…
Read MoreFLSA and Child Employment
The Fair Labor Standards Act is an important Federal document that prescribes the proper treatment of employees by employers in all different types of business settings. This also includes very strict standards for child employment in order to protect both child employees and child employers from harm. It is crucial for both parties to understand the implications of these regulations for a safe work environment. The federal regulations set out by the FLSA are intended to protect the rights of employees and therefore, in the case of child employment, the…
Read MoreWorkers’ Compensation In California
The concept behind modern workers’ compensation laws, that employers should provide for their employees in the event of injury, can be traced as far back as ancient Babylon where both employers and slave masters were required by law to pay for their workers’ medical care in the event of illness or injury. The modern concept of workers’ compensation developed during the Industrial Revolution in Europe in the 19th century. The concept crossed the Atlantic, and today, every State and territory has such laws in place, including the Federal government. Before…
Read MoreCompromise Agreements – Negotiate For Your Redundancy Package
A redundancy package need not be set in stone. You could actually thrash out several terms of the redundancy deal with the employer. You may do so directly or you may bring in an independent employment solicitor. When receiving a redundancy package, the golden rule should be not to hastily agree with the first redundancy offer. You have to play it cool and ask to see the draft of the package in writing. Look at the terms carefully and prepare to point out several of your suggestions. Understand what kind…
Read More