Labor and Employment 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.

Asked in Entertainment & Arts, Labor and Employment Law

What does the term director mean?

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A director is someone who supervises, controls, or manages
Asked in Labor and Employment Law, Business Law

Why do labor laws exist?

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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 employed. ----- Left to themselves some businesses and even whole industries will abuse the employees with low pay, unsafe working conditions, sometines virtual slavery, unfair employment contracts and other abuses. One needs only look at histrory; garment workers, coal miners, Chinesse railroad workers, sweat shops, asbestos workers and on and on to see why there are labor laws. Business will take the cheap way out unless there are laws to set standards. American companies who must follow our labor laws put facilities in other countries to avoid those laws.
Asked in Insurance, Labor and Employment Law, Workers Compensation

Where can you purchase workman's compensation insurance?

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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 purchase your coverage there, or from any private carriers that offer WC coverage in your state. You should check with the agent/broker who handles the rest of your business insurance. It is extremely important that you deal with an "authorized insurer", meaning one that has the requisite authority to conduct business in the State(s) in which you do business and in which you must provide insurance. Because worker's compensation insurance serves the purpose of shielding your business from most individual liability for work-related claims, the failure to do business with an authorized insurer can leave your business individually exposed to worker injury claims. You should contact the Department of Insurance of your State for confirmation that the insurer that you are considering is authorized to transact worker's compensation insurance business.
Asked in Labor and Employment Law, Court Procedure

List lawsuits against George S May Company?

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Several lawsuits from employees. I will be filing this week as well.
Asked in Law & Legal Issues, Labor and Employment Law, Court Procedure

What does motion denied as moot mean?

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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 you at trial. If the judge grants your first motion, then the second is meaningless; no evidence will be used against you because there will be no trial. Therefore, the second motion would be denied as moot.
Asked in Labor and Employment Law, Restaurants and Dining Establishments

What is the Minimum wage for waitress per month?

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Impossible to say without knowing the average check. At say a Chili's you can make between 40,000 and 50,000 per year if you work good shifts. At a Capitol Grille you could make 120,000 to 150,000 per year with good shifts.
Asked in Labor and Employment Law, State Laws, Unemployment

Can you collect unemployment once your settlement agreement stops and you are not paid any longer?

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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.
Asked in Labor and Employment Law, Workers Compensation, Statutes of Limitations

What questions does your previous employer have to answer?

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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 information. Some information is absolutely prohibited from disclosure: School records, without your consent; Criminal history, though this varies from state to state and the nature of the prospective employer (however, your criminal record is public info, available to all); Medical records, without your consent; Questions about a disability you may have, unless that disability impinges directly on your ability to perform the job even if the prospective employer makes "reasonable accommodations"; Certain governmental records, such as personnel records of local or state employees in some jurisdictions (Even if not provided by your previous employer, government employee records are public info); Your history of worker's compensation claim(s). Your driving record is public record and can be released without your consent. Legal Realities Your previous employer does not have to answer any questions. (Remember the First Amendment? Freedom of speech is also freedom not to speak.) The past employer bears significant liability for a defamation action by you if it reveals any information that is both (1) untrue and (2) damaging to you. If the answer prevents your getting the job, it is damaging to you. As stated at the beginning of this answer, most organizations, particularly large organizations, governmental organizations, and smaller organizations that have been given good advice by lawyers have very strict policies governing what information is allowed to be released about you. If you are unsure about a potential reference there are several companies that will check your references for you and give a detailed report. Put "reference check" in a search engine and you will discover information about many such businesses. If the referee is very pleased with you, (s)he may be inclined to give a glowing reference, but, again, the strict policies apply, and in today's era of litigation, the probability is that the organization will remain silent except for the three pieces of information mentioned at the beginning of this answer. Further, the referee that gives out the "glowing" reference may be exposing her or his organization to liability should your prospective employer suffer damages because of you--the present employer may bring an action against the referring employer for failing to disclose the negative information. One way people gather information about applicants while reducing liability is for an individual person working for the prospective employer, acting, supposedly, "as an individual," to contact the referee at home in her or his capacity "as an individual," so that the referee is not acting as an agent of the organization. That way, sometimes, information flows more freely, but an individual contacted will still fear saying much that is negative about you for fear of a legal action by you, as already described, or a governmental entity, such as the Equal Employment Opportunity Commission (EEOC) or your state's version of the EEOC. This is a complex topic. The above is, admittedly, a simplification. We recommend you seek some additional information. There is a good and readable summary of the legal issues (albeit for California only) here: http://www.esrcheck.com/ESRPublications/Reference_Checking.html
Asked in Labor and Employment Law, Salary and Pay Rates, Income Taxes

What is federal taxable wages?

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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 1040 federal income tax return.
Asked in Labor and Employment Law

Is picketing illegal?

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no its a form of free speech in America other country's rules might differ
Asked in Academic Writing, Labor and Employment Law, Salary and Pay Rates, Teaching Resources

How much money does a teacher earn?

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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 American Federation of Teachers, beginning teachers with a bachelor's degree earned an average of $33,227 in the 2005-2006 school year. Ultimately, a teacher's salary depends on a number of factors: where they are teaching (cities, states and countries) what level they are teaching (primary, middle, senior or tertiary) level of experience and how many years they have been teaching their area of specialty number and types of qualifications set wage rises within an industry, and within the country Salaries vary by state, city and district. If that was not enough, within a state, a city and a district, every teacher earns a salary based on years of teaching experience and education level, or other incentives offered by the state, city or department for which that teacher works. More input from friendus.com contributors: I have a masters degree and I am a first year teacher. I make $66,000 a year, before taxes. Some of my colleagues have been teaching for 15 years and make well over $100,000 a year. It definitely depends on where you live. These are figures for Long Island, New York. I have the equivalent of a doctoral degree, have been teaching for 15 years and only make $61,000 per year, before taxes. In Oklahoma some teachers at public schools are starting at 28,000 per year. As an Australian teacher who is in the category of "senior teacher" but who does not (by choice) hold any Head of Department positions, my salary is currently over $80,000 per annum and it increases every year.
Asked in Jobs, Job Applications, Labor and Employment Law, iPhone

What do you put on an application when you were wrongfully terminated from your last job?

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How to Address a Wrongful Termination Rather than "Wrongfully Terminated", I put, "Will discuss if necessary." It's always worked for me.
Asked in Job Interviews, Jobs for Teens, Labor and Employment Law

Does a trial shift mean you got the job?

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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.
Asked in Jobs, Job Interviews, Job Applications, Labor and Employment Law

Should you allow the potential employer to contact your current employer?

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Answer 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. Answer I'd say it depends on your situation. If you're working part-time while hunting for a full time "real" job, your current employer should be (obviously) aware that you NEED a full time job and should be nice enough to give you the reference. And always tell your current employer (if you're part time) that you intned to keep the PT job whether you intend to or not. But be courteous, always give two week's notice lest you be damned to hell for all eternity and lose that potentially good reference. All depends on your relation with the current employer , if you go out to get pissed couple times a week with him, then let your potential employer contact him.
Asked in Job Applications, Labor and Employment Law

Who is the employer on a job application?

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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.
Asked in Labor and Employment Law, Job Training and Career Qualifications, Education

What is skilled manpower?

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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
Asked in Labor and Employment Law, Companies, Child Labor

How does McDonald's use child labor?

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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.
Asked in Insurance, Labor and Employment Law, Maternity and Paternity Leave

Can your employer charge back insurance after maternity leave if you decide not to return to work?

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Yes they can. Maternity leave is designed to allow you the time needed to have the child and then return to work. If we decide to quit the job then we don't get to keep the benefit. This could be viewed as gaming the system.