Employment Law Articles that apply to All of the States
Overtime pay for On Call Time
Federal overtime law addresses whether "on call" time is considered "hours worked". It states: An employee who is required to remain on call on the employer's premises or so close thereto that he cann...
posted by Neil Klingshirn | Nov 2, 2009 09:25 AM [EST] in Overtime | applies to All States
Overview of the Constructive Discharge Doctrine
A constructive discharge describes an employee's decision to resign because the employer made the terms and conditions of employment so miserable that reasonable people would resign. Under those circu...
posted by Neil Klingshirn | Sep 1, 2009 3:18 PM [EST] in Constructive discharge | applies to All States
Wrongful Discharge - Terminations that Violate Public Policy
Technically speaking, courts do not recognize a claim for "wrongful discharge," at least by that name. Broadly speaking, any discharge that violates a law, causes great harm or is grossly unfair is "w...
posted by Neil Klingshirn | Sep 1, 2009 12:41 PM [EST] in Wrongful discharge | applies to All States
Time off to Vote
Most state's laws require employers to give employees time off to vote. These laws vary among states, particularly with respect to the following: Whether the time off is paid or not; Whether the emplo...
posted by Neil Klingshirn | Aug 31, 2009 1:39 PM [EST] in Leaves of Absence | applies to All States
WARN Act Requires 60 Days Notice for Plant Closings and Mass Layoffs
The Worker Adjustment Retraining and Notification Act ("WARN") requires employers to provide 60 days advance written notice of a "plant closing" and "mass layoffs." This article defines a mass layoff ...
posted by Neil Klingshirn | Aug 12, 2009 11:19 AM [EST] in Unemployment | applies to All States
Sexual harassment by a co-worker
Sexual harassment involves: unwelcome sexual advances; requests for sexual favors, and other verbal or physical conduct that is based on sex. Sexually harassing conduct is unlawful if it: adversely af...
posted by Neil Klingshirn | Aug 6, 2009 6:05 PM [EST] in Harassment | applies to All States
EEOC Time Limit for Filing a Charge of Discrimination
Before a sexual harassment or other discrimination victim can file suit in federal court, they must first file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Feder...
posted by Neil Klingshirn | Aug 6, 2009 2:23 PM [EST] in Discrimination | applies to All States
Implied Contract exception to Employment at-Will
In general, under the employment-at-will doctrine, the employment relationship between employer and employee is terminable at the will of either. See At-will Employment . Even so, some state supreme c...
posted by Neil Klingshirn | Jul 29, 2009 6:39 PM [EST] in Implied contract | applies to All States
American Public Policy Exception to Employment at-will
In states that adopt the public policy exception to employment at will, public policy warrants an exception to the employment-at-will doctrine when an employer discharges or disciplines an employee fo...
posted by Neil Klingshirn | Jul 29, 2009 6:26 PM [EST] in At-will | applies to All States
Overview of American At-will Employment
American employment law is built on the foundation of at-will employment. Before any meaningful body of employment law existed, employment in America was at-will. Based in state contract law, at-will ...
posted by Neil Klingshirn | Jul 29, 2009 6:05 PM [EST] in At-will | applies to All States