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It has been commonplace for many employers to include noncompete clauses in their employment contracts, generally to the detriment of employees themselves. As a result, many employees with these agreements find themselves struggling to find work, thanks to the restrictions placed on them by their employer. But what exactly is a noncompete agreement, and how could it potentially affect you?
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The Americans With Disabilities Act (ADA) and other similar laws protect the rights of disabled workers. These ensure that people with disabilities can make a living without worrying about losing their job simply because of their disability. But what exactly are your rights as a disabled worker, and what can you do if your rights are violated?
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It is estimated that anywhere between 10 and 30% of all employers misclassify at least some workers, according to the Economic Policy Institute. This can substantially impact affected workers, both when it comes to their legal rights and their financial compensation. But what exactly is employee misclassification, and how could it negatively impact you?
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Laws such as Title VII of the Civil Rights Act (Title VII), the Fair Labor Standards Act (FLSA), and the Americans With Disabilities Act (ADA) all offer protections for employees to ensure they are treated fairly by their employers. However, part of these protections includes the right to avoid retaliation for reporting employment law violations. But what is retaliation, what does it look like, and what should you do if it happens to you?
Employment discrimination is a sadly common issue, and one that workers of all types may potentially deal with. However, that doesn’t mean it is necessarily obvious, and some people may be discriminated against without realizing it. Here are seven ways that employers may discriminate against their employees that you should watch out for:
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It is fairly common for even small companies to have employee manuals, but most of the time, they do not put as much thought into it as they should. This can wind up having more significant consequences than most people realize if they ever face legal issues later on. But what exactly do you need to put in your employee manual, and what might happen if your manual is not correctly written?
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Amazon, the major online retailer, has sued the New York Public Employment Relations Board (PERB) to stop the enforcement of a recently passed law that it claims is unconstitutional. The new law would give the PERB the authority to bring enforcement actions against companies like Amazon for engaging in unfair labor practices. However, Amazon is trying to block the law from coming into effect, saying that it is preempted by existing federal law.
Under a recent ruling by the Fifth Circuit Court of Appeals, the National Labor Relations Board (NLRB), one of the primary agencies that oversees violations of federal labor law, was determined to be potentially unconstitutional. The ruling states that the NLRB, as currently constituted, does not comply with the US Constitution because it is structured in a way that prevents the President from freely firing its members. As such, the legitimacy of the agency and its various administrative rulings have now been brought into question.
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Not everyone gets advance warning that they are going to lose their jobs, but in some cases (especially when a company is set to engage in mass layoffs) you may get some time in advance to prepare. Using this time wisely can help you prepare to negotiate a severance agreement, putting you in the best position possible for what comes later. Here are five steps you should take if you are being laid off from your job:
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Mediation can serve as an effective means of alternative dispute resolution for a wide variety of legal matters, and employment disputes are no exception. With the guidance of an experienced mediator, many problems between employers and workers can readily be handled without the need of costly and time-consuming litigation. But why exactly might you want to use mediation to help you with your employment dispute?
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