Protecting Businesses With Employment Attorneys

Employment law in the 21st century is so complex that every business needs to have a good working relationship with a local employment attorney. It is this kind of partnership that protects a business from potentially catastrophic lawsuits. Many employment laws are in place to give business owners and managers the specific guidance and legal framework they need to make important decisions regarding employees or general employment policies. Employment attorneys help employers manage risks and control costs so that they can focus their time and resources on their businesses.

The Need for Employment Lawyers

While many businesses continue to operate under a common misconception - that they are too small to need an employment lawyer - in today's more litigious business climate this misconception is more problematic than ever. Any company today that has employees needs to have legal counsel in order to stay informed and aware of laws pertaining to this specialized area. Every employer needs to understand the impact of such things as family or pregnancy leave, sexual harassment, wrongful termination, or how to apply the law when it comes to such seemingly routine things as lunch times or break times. A good employment attorney can assist in writing up policies that are created by the human resource department. Attorneys whose focus is employment and labor law, can advise clients in matters of employment discrimination, harassment, wrongful discharge, severance issues, and employment law compliance.

Employment Law and Proactive Management

Although that kind of employment lawyer participation in a business is easily affordable, it can potentially save a company tremendous amounts of money. When an employment lawyer is there to consult with management, legal communication between management and employees is improved. That kind of work environment can in turn, improve retention rates and performance - and those factors contribute directly to a more robust bottom line. Human resource professionals also need input from employment lawyers to ensure that they are making decisions that are good for retaining and supporting employees, and these decisions are therefore good for the company as well. Otherwise companies open themselves up to potential legal problems related to everything from age or disability discrimination, or perceived wrongful termination, to disputes over overtime pay.

Selecting an Experienced Employment Attorney

When choosing an employment lawyer, it is important to first locate a law firm that has employment attorneys with verifiable credentials. When you meet with the prospective employment attorneys, ask them what kinds of cases they have handled, and what the outcomes were for the companies in each case. Ideally, the employment lawyer you choose will be experienced at providing legal advice at all stages of a problem - situational and policy advice, litigation avoidance, and skilled representation in court and before administrative agencies.

Choose an employment attorney who not only has stellar credentials but also has a strong commitment to continuing education. Those reliable employment attorneys who have solid past experience combined with a forward-looking passion for the law will be able to serve their clients well, both now and in the future.

For information on employment attorneys, visit McGuire, Wood & Bissette, P.A. at http://www.mwbavl.com, serving business, industry and families since 1894.

Common Child Labor Laws

Throughout the United States there are a number of common laws that regulate how old certain employees must be in order to perform certain tasks. Child labor laws exist to protect the rights and well-being of individuals under the age of 18 in relation to employment. By knowing what common child labor laws apply to your business and your employees, you are better able to take steps to protect your workers and your business interests.

Each state has the ability to set up specific laws for the regulation of child labor. However, the state of Texas has a number of laws that can be used as a general indicator for what laws on the employment of minors can cover and dictate. Some of the most common Texas laws on child labor cover how old employees and child workers must be in order to perform various duties. These include the following:

  • With few exceptions, children under the age of 14 can only be hired for work in theatrical productions, radio shows, television programs, or other acting jobs.
  • Children may work in the delivery of newspapers directly to consumers as long as they are above the age of 10.
  • Children 16 and over may work in the sale of newspapers.
  • Children of varying ages have a right to participate in work study programs that have been approved by the state.
  • A child may be employed by a business that is owned partially or fully by their parents
  • Children may be employed if their parents are acting as direct supervisors of the employment.
  • Children above age 14 may take part in non-hazardous, casual employment as long as it does not endanger their safety, well-being, or health. This employment must often be approved by the child's parent or guardian.
In addition to these laws restricting who may work, there are a number of minor employment laws throughout the United States that dictate what hours a child may work.

If you would like to learn more about how child labor laws can influence your business ventures, visit the website of the Texas business lawyers at Slater Kennon & Jameson today.
David Caldwell

Understanding the WARN Act

For all business leaders it is important to note the many federal laws and restrictions that dictate steps and provisions you must make in your organization. Some of these laws exists to protect the business leaders while some work to protect the consumers. Others, like the 1989 Worker Adjustment and Retraining Notification (WARN) Act, signed into place by President George H.W. Bush, exists to protect the employee. By understanding the WARN act and how it applies to your company you are better able to protect your business interests and the well-being of your company and employees.

The WARN act serves to require business leaders to give their employees adequate warning before shutting down the company or performing large scale layoffs. Ideally, this time will make it possible for employees to find other work or get the training they need to enter a new work field. If a business fails to inform their employees adequately, as dictated by the WARN act, they could face numerous lawsuits and further legal actions.
  • The WARN act applies to companies that have 100 or more employees. It dictates the following:
  • The employer must give adequate warning if they are shutting down the business
  • The employer must give adequate warning if they will be laying off 50-499 workers
  • The employer must give adequate warning if they will be laying off over 33% of the workforce
  • Under this act "adequate warning" requires that business leaders inform their employees at least 60 calendar days before the scheduled closing or layoffs will occur
It is important to note that companies which have experienced a natural disaster or financial hardship due to unforeseen circumstances may be exempt from this law. Also, if a company was making a good faith effort to raise capital before the closing or layoffs they may also be exempt from the law.

For more information on business law and how the WARN act applies to you, visit the website of the Texas business lawyers at Slater Kennon & Jameson today.
David Caldwell

Labor Laws to Protect the Rights of Workers

Texas is one of the major states in United States of America. It is the second largest State in United States. It is enclosed by Mexico, New Mexico, Oklahoma, Louisiana and Arkansas. Texas is known for providing an outstanding working condition to the employees.
Following are some labor laws that are applicable in Texas.

1. Laws related to Child Labor

This law states that it is not legal to give employment to a child who is less than14 years of age. These laws are laid down to ensure that the children are not employed in any business or occupation. This law ensures the health and safety of the children. This law states that any child whose age is less than 14 or 15 years will not work more than 48 hours in a week or 8 hours in a day. This law also states that no child shall be employed in mining, manufacturing or processing business.

2. Laws Related To Minimum Wages

Under this act any employee must be given a minimum wage at the rate of $5.15 per hour.

3. Labor Laws At Work Place

According to this law the employer will have to circulate several posters at the work place. The posters must be accurate and updated. Poster must have information in context to minimum wages, employment insurance, health and safety protection and the notices of worker right.

4. Laws Related To discrimination

These laws ensure that there should be no discrimination on the basis of nationality, caste, age, religion, caste and creed. In case the employer is found guilty then he will have to face the law.

5. Laws Related To References

The prior employer is free to provide any sort of non-confidential information about the previous worker. In case an employer is found guilty then he is liable for chastisement.

6. Laws Related To Employees Hand Book.

This law states that there should be an employee's handbook that should contain complete record of the owner's procedures and policies.

7. Laws Related To Work Place safety

According to this law it is the responsibility of the employer to provide a decent and better working condition for his employees. There should not be any type of compromise with the standards, rules and regulations. In case the employer is not providing proper working condition then he is answerable to the employees.

Above are certain labor laws that are followed in Texas. If you are in to any business or organization you must be careful about these laws.

Looking for State Labor Laws? Find out more about Texas State Labor Laws

Sandra Wilson M

Understanding OSHA Regulations

Workplaces across the United States are charged with providing reasonably safe working conditions for their employees. This duty was established under the Occupational Safety and Health Act of 1970. This act also established the Occupational Safety and Health Administration, which is in charge of setting and enforcing workplace regulations.

OSHA requires all workplaces to maintain certain standards, though it also has requirements for certain lines of work that may require additional safety standards. All places of employment, though, are expected to:
  • Educate workers about proper safety
  • Allow easy access to safety equipment
  • Provide protective gear for workers
  • Adopt practices to maintain safety
These expectations were outlined in the general duty clause of the act. Every place of employment is expected to follow these conditions, as they reduce the risk of serious injury to workers.

As previously stated, different industries have different standards. Information about what is required of your workplace should be made readily available by your employer; if he or she does not have this information available to you, your employer is actually breaking one of OSHA's regulations.

Most employers carry workers' compensation insurance to provide for their workers who are injured while on the job. However, employers and insurance companies have a vested interest in giving out as little in workers' compensation benefits as possible. As such, you should work with an experienced workers' compensation attorney to make the strongest case possible for the benefits you deserve.

Neglecting to provide a safe workplace is not only wrong, but it is also against the law.

If you were injured at work because of your employer's negligence to follow proper safety measure, the New Jersey workplace safety attorneys of Levinson Axelrod, P.A. will help you fight to get the workers' compensation benefits you deserve.

Employment Discrimination Overview

Though it has been over 60 years since the civil rights movement has begun discrimination in the work place still persist, and has transformed. Work place and employment discrimination does not just have to be based on the color of your skin, but it can also be based on your age, gender, religion, and disabilities. For those who are unfamiliar with the other types of discrimination, they all refer to the mistreating, wrongful termination, or refusal to hire someone based solely on their age, gender, religion, and any disabilities they may have. Of these types of discrimination, only age discrimination is really a grey area as most laws normally refer to those who are 40 years or older.

Over the past 60 years there have been laws such as Title VII of the Civil Rights Act of 1964, 42 USC 1981, and the Age Discrimination in Employment Act (ADEA) established to act as barriers to prevent employment discrimination, however Title VII and the ADEA only protect those who were discriminated against by employers with 15 and 20 employees minimum respectively. With that said there is still more to be done to help prevent discrimination in the work place. Fortunately if you live in the state of Michigan, there is also the Michigan Elliott-Larsen Civil Rights Act which covers all employers in the state, regardless of the number of employees in the company. This act prohibits discrimination based on race, skin color, religion, gender, age, height, weight, familial status, and or martial status. Unlike the ADEA, this act also protects those who are discriminated against in the work place due to their young age, not just those who are 40 years old and over.

To further protect workers, Michigan also requires those with disabilities that need accommodations such as wheelchair ramps and wheelchair accessible desks to notify their employers in writing within 182 days after the need is known. This gives an adequate amount of time for the employee to deem what accommodations are necessary for their needs and to be able to work efficiently and allows them to work these accommodations out with their employer before legal action has to be sought after.

Many more states need to take a stand against work place discrimination and pass state laws much like Michigan to prevent employment discrimination, instead of just depending on outdated Federal Acts that only protect those that are discriminated against under certain circumstances such as the size of the business you work at.

This articles is not meant to be legal advice.
Find out if you can recover money damages, regain your job (if fired), and require your employer pay for legal fees. If you need an employment discrimination lawyer in Michigan, contact us today to discuss your case.
Visit our website for further information about discrimination laws in Michigan.