Masters In Employment Law

Q. What constitutes sexual harassment in the workplace?

Sexual harassment can occur in a variety of workplace scenarios:

Q. When do I need agreements with employees, contractors, and service providers (sometimes called SLAs?)

The purpose of job agreements is to ensure that both parties are legally restricted to the employer-employee relationship that is contrary to the default legal scenario of employment being "at will" -- or either party can terminate the relationship at any moment. These arrangements are not to be taken lightly. These agreements mean in firing the worker if the agreement is breached by the employer, the employer can be responsible for paying the remaining salary of this term to the employee. Without being sued for breach of their contract, at exactly the same time, if the employee would like to stop, she might not be able to. These agreements usually include clauses on name, vacation, bonus, salary, options termination of their employee provisions and other sections. These segments are restrictive to both parties in a way that either may find problematic later, and often detailed.

Q. Does the law govern how workers are hired?

Before beginning the hiring procedure, an employer should put together a set of requirements and criteria for the job. An employer can use these needs to compare applicants to choose who is to be given an offer of employment. The employer can match the skill, experience and background of each candidate together with criteria and all the requirements . This assists a company remove discriminatory in reaching a hiring decision from being used, and illegal practices.

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

A. No. The characteristic of this class 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 from a U.S. business or otherwise engages in activity here that results in payment on the foreigner of a fee for services rendered here. Gray areas with this issue might become a problem for some business traffic from the category that is B-1. It is ideal to consult directly to make sure that one does not violate federal immigration laws and remains in status.

Q. What's the difference between independent contractor and employee?

An independent contractor is currently in business for him/herself. The individual contractor makes quarterly state and federal personal income tax deposits (based on yearly quotes), pays the entire contribution to social security and Medicare taxes, and provides their particular insurance and benefits. An independent contractor doesn't benefit from any unemployment insurance plan and isn't subject to wage and hour regulations.

Q.What is Labor Law?

A. Employment Law or Labor Law concerns the legal relationship between employers and employees. Statutes regarding labor law are found at all levels of government, from federal to state, to county and city. Labour law determines the rights and duties which arise out of an employment contract. The legislation governing the relationship between an employer and an employee starts when an offer for employment is made by an employer to an employee. Labor law regulates the whole relationship between employee and employer -- termination of the employment relationship, job responsibilities, wages, promotions, benefits, occupation reviews and the initial hiring process. Additionally, it has litigation on the basis of discrimination and unfair labour practices. According to the United States Department of Justice Bureau of Justice Statistics project bias lawsuits filed in U.S. District Courts soared from 6,936 from 1990 to 21,540 in 1998.