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Employment Law

Employment and labor law including legal issues and information on employment benefits relevant to job seekers and employees.
  1. Benefits Q & A
  2. Wage and Salary Law
  3. Drug and Alcohol Testing
  4. Department of Labor - State
  5. Employment Discrimination (38)
  6. Labor Laws (45)
  7. Disability Insurance (6)
  8. Employment Contracts (6)
  9. Harassment (11)
  10. Workers Compensation (7)

Employment Law
Here is information on what you need to know about employment law when you're job searching - wages, background checks, required employment forms, unemployment, and other related information.

List of Employment Laws
Information on employment laws that regulate hiring, wages, hours and salary, discrimination, harassment, employee benefits, paid time off, job applicant and employee testing, privacy and other workplace and employee rights issues.

Employee Rights FAQs
List of frequently asked questions about employee rights including employment regulations and labor law which provide protection for job seekers and employees.

Affirmative Action
Affirmative action in hiring is when race, ethnicity, disabilities, military background, socioeconomic status, and/or gender are considered when making hiring decision as a means to provide equal employment opportunity.

Banning Questions About Criminal Records on Job Applications
Information on Ban the Box legislation, which prohibit questions about criminal records on job applications.

Breaks From Work
Information on breaks from work, including when employers have to provide employees with lunch and rest breaks.

Can An Employer Ask for Your Social Security Number?
Information on when employers can ask for social security numbers, how to make sure the company is legitimate and how to avoid scams.

Child Labor Law - Child Labor Law and Regulations
Child labor law, enacted by the Federal Government, restrict when children can work and what jobs they can do. Child labor law restrictions include the type of work children can do and limits the hours worked by children.

Constructive Discharge
Constructive discharge occurs when an employee is forced to quit because the employer has made working conditions unbearable.

COBRA - Consolidated Omnibus Budget Reconciliation Act
COBRA (Consolidated Omnibus Budget Reconciliation Act) gives workers and their families who lose their health benefits the option to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances.

Drug Testing for Employment
There are several types of drugs tests that candidates for employment may be asked to take. The types of drug tests which show the presence of drugs or alcohol include urine drug screen, hair drug or alcohol testing, saliva drug screen, and sweat drug screen.

Dismissal Compensation
Dismissal compensation is the money an employee receives for being fired illegally.

Employee or Independent Contractor?
It's important to know what your rights are if a company offers you a position as an independent contractor rather than hiring you as an employee.

Employment Discrimination Laws
Employment discrimination happens when a job seeker or an employee is treated unfavorably because of his or her race, skin color, national origin, gender, disability, religion, or age. Here's information on the types of employment discrimination, employment discrimination laws, and what remedies are available to help combat discrimination issues.

Exceptions to Employment at Will
List of exceptions to employment at will, including reasons when employees cannot be fired without a reason.

Employment and Pregnancy
Interviewing while pregnant, when to tell your employer you're pregnant, pregnancy and disability law, and additional resources related to employment and pregnancy.

Dismissal from Employment
Dismissal from employment (also known as being fired or let go) is the termination of employment against the will of the employee.

Employee Privacy Law
In today’s world of fast-developing technology, in which the click of mouse can dispense a plethora of information, privacy for job seekers and employees is a significant issue.

Employment Physicals
Employers covered by federal laws against disability discrimination (over 15 employees) may require a pre-employment physical examination to determine the suitability of an individual for a job.

Employment Tests
There are several types of employment tests that candidates for employment may be asked to take. Tests can include aptitude, skills, literacy, personality, medical, and drug tests. In addition, employers may perform a background check to verify your work history and credentials.

Employment at Will
Employment at will means that an employee can be terminated at any time without any reason. It also means that an employee can quit without reason. Employers are not required to provide notice when terminating an at-will employee.

Equal Employment Opportunity Commission (EEOC)
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency charged with enforcing laws prohibiting job discrimination.

Full Time Employee
There are no legal guidelines that determine whether or not an employee is a full time employee. A determination of whether an employee is working full time depends on the company's policy and practice of defining full time employees.

Employment Tests
Employers often use tests and other selection procedures to screen applicants for hire. The types of of tests and selection procedures utlized include cognitive tests, personality tests, medical examinations, credit checks, and background checks.

Health Insurance for Unemployed Workers
One of the most important issues for unemployed workers, besides the loss of a paycheck, is health insurance. It's important to have, but it's also expensive. What options for health insurance coverage are available and how can you access health insurance coverage when you have lost your job?

Job Searching With a Criminal Record
How a criminal record effects employment and how to job search with a conviction history.

Lie Detector Tests
The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment.

Military Protection From Discrimination
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the job rights of those who voluntarily or involuntarily leave employment positions to partake in military service.

Moving On: Employee Benefits
Find out about the employment related benefits that you may be eligible for when you resign, get fired, or get laid-off from your job.

I-9 Form
When hired for a new job, employees are required to prove that they are legally entitled to work in the United States. An Employment Eligibility Verification form (I-9 Form) must be completed and kept on file by the employer.

New York City Unemployment Discrimination Law
Information on the New York City Unemployment Discrimination Law prohibiting discrimination based on a prospective employee's employment status.

Nursing Mothers at Work
The Patient Protection and Affordable Care Act sets out requirements for employers to provide employees the time and space for nursing mothers to express breast milk throughout the work day for one full year after the birth of a child.

National Labor Relations Board (NLRB)
The National Labor Relations Board (NLRB) is the federal agency that administers the National Labor Relations Act, the law which regulates relations between unions and employers in the private sector.

Part Time Employee
There are no legal guidelines that determine whether or not an employee is a part time or full time employee. A determination of whether an employee is working part time depends on the company's policy and practice of defining employees and the hours required to be considered full time.

Non Compete Agreement
A non compete agreement is a contract between an employee and an employer, where the employee agrees not to enter into competition with the employer after s/he terminates employment.

Sample Employment Certificate
Sample employment certificate (working papers) for minor seeking employment.

Probation for Newly Hired Employee
Probation is a period during which a newly hired employee works before becoming a full employee.

Reasonable Accommodations for Employees with Disabilities
EEOC guidelines for reasonable accommodations for individuals with disabilities such as cancer, diabetes, epilepsy and intellectual disabilities.

Reasons Employers Can Withdraw a Job Offer
Information on the reasons an employer may withdraw a job offer, reasons an offer should not be withdrawn, and recourse available to job applicants.

Self Employment
A person is considered self employed when they work for themself rather than for an employer. http://jobsearch.about.com/od/employmentlaw/a/employee.htm

Sexual Harassment - Hiring
Sexual harassment can occur in pre-employment hiring when unwelcome sexual advances (requests for sexual favors) are made as a term of employment, implicity or explicity.

Substance Abuse and Employment
The Rehabilitation Act of 1973 makes it unlawful for contractors and subcontractors with the Federal government to discriminate against qualified individuals with disabilities.

Termination
Termination is when an employee's job ends. Termination can be a voluntary termination of employment by the employee. Employment can also be involuntary - when an employee is terminated by the employer.

Social Security Disability Insurance
Social Security Disability Insurance enables workers who are employed in covered employment and who have a medical condition that meets Social Security's definition of disability to collect benefits while they are unable to work.

Teen Labor Laws
Are you a teen looking for a job? Here are some tips to help you find a job, along with the rules and regulations on when you can work and how to get working papers.

Termination Notice
The Fair Labor Standards Act has no requirements that a company must give notice to an employee prior to a termination or lay-off.

Unemployment
Unemployment eligibility requirements, when to file, how to file, benefits, rates, and answers to questions on unemployment compensation.

US Department of Labor
Department of Labor statutes, regulations and contact information.

Wrongful Termination
Wrongful termination happens when an employee is discharged from employment for illegal reasons or if company policy is violated when the employee is fired.

Uniformed Services Employment and Reemployment Rights Act
The Uniformed Services Employment and Reemployment Rights Act protects service members’ employment rights when they return from a period of service, including those in the reserves and National Guard.

The Gray Ceiling: How Old is Too Old?
Job seekers are reporting age discrimination beginning as early as the mid-thirties. How can this be addressed? What options are there for those of us considered "old" by hiring managers and companies?

Veterans Preference
Veterans’ Preference is a program, created under title 5 of the Veterans’ Preference Act of 1944, which helps veterans advance into federal employment.

Wrongful Termination Laws
Information on wrongful termination laws, including employee protection from wrongful discrimination and recourse available to employees who have been terminated.

The Vietnam Era Veterans’ Readjustment Assistance Act
The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) contains affirmative action provisions that forbid job discrimination.

Foreign Labor Law
Foreign labor law restricts the eligibility of non-U.S. citizens to work in the United States. In order to gain permission to work temporarily or permanently in the U.S., an applicant must be eligible to reside in the U.S according to the Immigration and Nationality Act (INA).

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