Masters In Employment Law

Q. What are some common "causes" to be fired?

(1) failure to follow the boss's directions and supervision;

Q. Must an employer check the citizenship or right to work of workers?

Employers are responsible for examining the acceptable documents that are original. (The only exception is that a certified copy of a birth certificate.) An employer may not request more documents as that is a pretext for discrimination than is reasonable.

Q. Can a company insist that its non-exempt employees take off time rather than cash for working overtime?

A. Ordinarily (and surprisingly), 'comp time' (compensatory time off granted instead of overtime pay) is ILLEGAL under national regulation. Under federal law, if employees work over 40 hours in a work week, then they have to be PAID for overtime in time-and-a-half. This applies to all workers in most countries. Employers may give time off during precisely the same week they work additional hours (e.g., work 10 on Monday, work just 6 on Tuesday), but when they cross the 'more than 40 hours in a week' threshold, they are eligible for overtime pay. Comp time is allowed within a single pay period (e.g., they might be able to take some time off next week if they work overtime per week), but when it isn't in the same week, the comp time must be given in time-and-a-half (e.g., 1.5 hours of time off for each hour of overtime worked).

Q.What's Labor Law?

A. Employment Law or Labor Law concerns the legal relationship between employers and employees. Statutes regarding labour law are observed in any respect levels of government, to county and city, from federal to state. Labor law determines the rights and duties which arise from an employment contract. The law starts once an employer makes an offer for employment to an employee. Labor law regulates the entire relationship between employee and employer -- employment reviews, job responsibilities, wages, promotions, benefits, the hiring process and termination of their employment relationship. Additionally, it includes lawsuit on the grounds of discrimination and unfair labor 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 in 1990 to 21,540 in 1998.

Q. Does the law regulate how employees are hired?

Before starting the hiring procedure, an employer must gather a set of prerequisites and criteria for your occupation. An employer can use these requirements to compare applicants to choose who is to be given an offer of employment. The employer can match experience, the skill and background of each applicant with all the requirements and standards set for the work position. This helps a company eliminate discriminatory and prohibited practices in reaching a hiring decision from being used.