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 in any respect levels of government, to county and city, from federal to state. Labour law determines. The legislation regulating the relationship between an employer and an employee begins once an employer makes an offer for employment to a worker. Labor law regulates the whole relationship between employer and employee -- employment reviews, job duties, wages, promotions, rewards, the first hiring process and conclusion of their employment relationship. Additionally, it includes lawsuit on the basis of discrimination and unfair labor practices. According to the United States Department of Justice Bureau of Justice Statistics job bias lawsuits filed in U.S. District Courts soared from 6,936 from 1990 to 21,540 in 1998.

Q. Can an employer establish different probationary periods for new workers?

A. An employer is free to establish a probationary period. While different probationary periods may be established for different employees, or kinds of workers, this could make the employer vulnerable to a claim of discrimination. An employer ought to be prepared to justify any gaps in the probationary period.

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

A. No. The characteristic of this category is that the alien can't engage in gainful employment in the United States. Crucial here is whether the alien will be paid a salary by a U.S. business or otherwise engages in activity here that results in payment on the foreigner of a commission for services rendered here. Gray areas on this issue may become a problem for some business traffic in the B-1 category. It is best to consult directly to ensure that one does not violate federal immigration laws and stays in status that is legal.

Q. What are some common "causes" to be fired?

(3) inferior quality of work;

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

A. Yes, there certainly are cases where a few of these are "bona fide occupational qualifications" for work. For example, only men may qualify for only men/boys of a certain age for a boy's function, and roles in a movie. It's acceptable for a kosher deli to take its butchers to become Jewish. But, race and color are not considered bona fide occupational qualifications.

Q. When an employee is injured on the job, what happens?

A. After sickness or injury occurs, it's the employees responsibility to complete a claim form and then submit it to either the employer or the state employees' compensation agency/board. Normally, an employer is going to have the claim types accessible. The claim will be submitted by the company . The employer is given an opportunity to react to the claim. If he does not contest the claim, the insurance company will makes payment of salary and medical bills. If the employer contests the claim to find out whether , or how much, compensation is owed to the employee A hearing could be scheduled.