Legal Aid Employment Law

Q.What's Labor Law?

A. Employment Law or Labor Law concerns the legal relationship between employers and employees. Statutes regarding labor law are observed at all levels of government, to county and city, from federal to state. Labour law determines. The law starts once an employer makes an offer for employment to a worker. Labour law governs the entire relationship between employee and employer - conclusion of the employment relationship, job duties, wages, promotions, rewards, employment reviews and the initial hiring process. Additionally, it includes 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 in 1990 into 21,540 in 1998.

Q. Can the national law cover "same-sex" harassment?

Harassing conduct need not be motivated by sexual desire. If, for instance, a female victim is harassed in sex-specific and derogatory terms by another woman, or even a male by a different man courts may come across an inference of discrimination on the grounds of gender. If it is apparent that the harasser is inspired by the gender of the person they're harassing.

Q. Must an employer verify the citizenship or right to work of employees?

A. Yes, the Immigration and Nationality Act of 1990 requires employers to ask employees to present certain initial documents to establish their identity and employment eligibility within 3 business days of the date their employment begins, and to confirm on INS Form I-9 that they're eligible to be used from the U.S. (in case the individual has been hired for 3 or fewer days that this has to be done immediately when beginning work.)

Q. Is there ever a time when an employer or potential employer can distinguish between two employees or applicants based on sex, religion, age, etc.. ?

A. Yes, there certainly are instances where a few of those are "bona fide occupational qualifications" to get a job. For example, only men may qualify for man roles in a movie, and only men/boys of a particular age for a boy's role. It's acceptable to get a kosher deli to take its butchers to become Jewish. But, color and race are never contemplated bona fide occupational qualifications.

Q. What happens when a worker is injured at work?

A. After illness or injury occurs, it's the employees responsibility to complete a claim form and to submit an application to either the employer or the state workers' compensation agency/board. Usually, an employer will have the claim types accessible. The claim will be submitted by the company . The organization is given an opportunity. If he fails to contest the claim, payment of medical bills and wages will be made from the insurance company. When the employer contests the claim to find out whether or not or how much, compensation is owed to the worker, A hearing could be scheduled.