Labor law training should be a must for anyone running a business today with employees.
(See Below For Actual Labor Law Information)
Making a mistake in either of the above examples could cost you thousands of dollars. If you’re like most businesses today thousands of dollars for an expense that is not necessary may be just enough to put you out of business.
The basic difference between an independent contractor and a regular employee can be complicated, but it begins with some basic principles.
First do you have control over the work as it is being completed? The labor law training I provide for free on this website answers this in more detail but in general terms do you tell them specifically what time to show up and what time to leave. Do you control them as it relates to breaks and lunch? Other than canceling a contract do you discipline any of them? Do you supply all their tools? Do you supply them with a uniform? Do you pay for the supplies they are using?
These are just a few examples of the questions that will determine if they are an independent contractor or an employee.
True enough you may be able to get away with not having to provide all the federal and state mandated benefits if they are an independent contractor, but in the end if they are not you will be paying the price later. That is the importance of labor law training!
As part of any labor law training you need to know about exempt versus non exempt employees. Non exempt employees fall under the Fair Labor Standards Act (FLSA) and are eligible for such things as overtime. Exempt employees do not fall under the FLSA and you are not required to pay them overtime. Generally non exempt employees are paid by the hour and exempt employees are paid a salary.
Exempt employees are able to make decisions in hiring, firing, budgets, spending, etc. Non exempt employees as a general rule do not.
On the other hand an exempt employee could be a professional and not get involved in any of these. An attorney would be a good example of a possible exempt employee. An engineer may be another example. There are exceptions to all these rules but this should get you started. Again, that is the importance of labor law training.
Of course you can enroll in some very expensive college course on labor law training. In some cases you can even do it online which is probably more sensible and less expensive.
Another choice may be to use a reputable software company that produces labor law training information and tools to help you. Tools such as an employee manual that covers all the necessary policies for almost any business sufficient for any state. It is important to look for a software that has been written by employment attorneys that know what they are talking about.
Alabama labor law leaves it up to the employer to offer fringe benefits such as vacation, severance, annual leave, sick leave, and bonus pay. Certainly this is only a short list of the possibilities that an employer can provide. The same is true when an employee leaves the company for any reason. If the employer has a written policy, such as an employee handbook, that does provide for an employee to receive payment for any of the above fringe benefits then they most likely could be held responsible for paying them.
You individual state labor law training should help you determine what labor law posters are required. One was you can do this is by contacting the Department of Industrial Relations, Technical Services Division or go to the posted website at www.dir.state.al.us and you should be able to find some downloadable documents. You can also find many websites that will also offer free and low priced federally required labor law posters. In some cases it may be easier to purchase a larger labor law poster that has all the required postings in one. As an employer doing business in the state you must follow all the Alabama Law requirements.
Alabama Labor Law Training
Labor Law Training Information: Alabama no longer goes by prevailing wage rates.
Alabama labor law prohibits an employer from discriminating against an employee for race, color, national origin, sex, religion, disabilities, age, etc. At some point everyone will fit into one of these categories. As an example once an employee hits the age of forty they become protected against age discrimination. The agency in the state of Alabama that handles discrimination is the Equal Employment Opportunity Commission (EEOC) which is located in Birmingham. Their telephone number is (205) 731-0082. Their website is www.eeoc.gov.
Alabama labor law no longer goes by prevailing wage rates. They were ended in 1980; however, the United States Department of Labor still enforces the Davis Bacon rates. As it turns out these rates are equal to the prevailing wage rates. For more information on the Davis Bacon rates you can contact the United States Department of Labor-Wage and Hour Division at their website, www.dol.gov/esa.
Alabama Labor Law Training
At the time of this writing Alabama labor law does have a minimum wage of $7.25 per hour
At the time of this writing Alabama labor law does have a minimum wage of $7.25 per hour, which is the federal law. In other words Alabama does not have a minimum wage of their own, but of course in the end this really doesn’t matter and is much easier to administer.
Alabama Labor Law Training
An employer is not permitted to terminate any employee solely based on their serving on Jury Duty.
Alabama labor law is an Employment-at-Will State. This means that an employer is free to hire and or fire an employee for any reason, or no reason at all. The only exception to this would be that an employer is not permitted to discriminate any employee for any reason. However, there are exceptions to this rule and that would be if an employee is covered under a collective bargaining agreement or an employment contract. Now as it relates to having an employee handbook and whether that affects the Employment-at Will clause it is best to consult with an employment attorney for advice.
Alabama labor law does have rules on an employer having to provide an employee time for Jury Duty. Any full time employee is entitled to their usual compensation received from such employment during the excused absence period. An employer is not permitted to terminate any employee solely based on their serving on Jury Duty. There are some exceptions to this, such as if the employee does not return to work on the following day after being released from serving on Jury Duty. If an employee is discharged for serving on Jury Duty they will have a cause of action for wrongful discharge. As an employer if you have an employee handbook it would be beneficial to make sure that you have a written policy on how you will administer any employee serving on Jury Duty. This may include what documentation is required and as stated above their responsibilities for reporting to work when released from Jury Duty.
Finally, Alabama labor law requires that an employer provide its employees with a reasonably safe workplace. They must use all reasonable safeguards and devices to protect their employees from harm. This is all covered in Title 25, Industrial Relations and Labor.
There are more rules that apply to Alabama labor law training and it is strongly recommended that you follow up on these by visiting the Alabama’s Department of Labor at http://www.alalabor.state.al.us/.
Alaska Labor Law Training
Alaska labor law prohibits discrimination as all other states do as well. This means that employers can’t make employment decision based on age, ancestry or national origin, physical or mental disability, AIDs, HIV, gender, marital status including changes in status, parenthood, race, religion, and mental illness.
Although Alaska labor law follows an Employment-at-Will position, it does not mean that an employer can act recklessly. As an example an employer must act in good faith when making employment decisions for such things as hiring, firing, promotions, training, raises, etc. For the most part an employer can do as they wish so long as they don’t discriminate or not act in good faith. Some say that an employee handbook would jeopardize an employer’s ability to follow the ”Employment-at-Will” status. I strongly recommend that you consult with a legal professional such as an employment labor law attorney for guidance.
Alaska Labor Law Training
That simply means that all of us will fit into this discrimination category if we live long enough.
When we talk about discrimination against age we are speaking about anyone forty years old or older. That simply means that all of us will fit into this discrimination category if we live long enough. On a more serious note what it means is that you can use age as a reason for providing or not providing an employment action. As an example if you made it a policy that only those of a certain age group (less than forty) were eligible for health insurance. This would most likely be considered discrimination. Nothing is perfectly clear when it comes to discrimination and it would be left up to the Equal Employment Opportunity Commission (EEOC).
Alaska labor law does not have a state mandated drug and alcohol testing requirements. However, an employer may test for any job related purpose, to maintain productivity or safety, as part of an accident investigation, or upon reasonable suspicion. Now this being said the employer must provide written test results within five working days. An employee can request an opportunity to explain a positive test for up to ten business days. If an employer decides to implement a policy on drug and alcohol testing it must provide a written policy, such as within an employee handbook so that all employees are aware.
Alaska Labor Law Training
This may allow you to have the employee sign for their final paycheck.
Another critical part of labor law training for Alaska is that an employer must pay a terminated employee within three business days or by the next payday, whichever is sooner. It may be wise as an employer to pay them as quickly as possible, and maybe at the time of termination. This may allow you to have the employee sign for their final paycheck. If an employee quits the employer is required to pay the employee on or before the following next scheduled payday, unless the next scheduled payday is less than three days away. If this is the case the employer has up to three business days to issue the final paycheck.
Arkansas labor law is an “Employment-at-Will” state. That simply means that an employer or the employee can terminate employment for any reason or no reason at all. Of course there are some exceptions to this. An employer is not permitted to make employment decisions based on gender, race, color, national origin, age, or disability. In addition to these they are not permitted to terminate a woman for being pregnant or for having an abortion. If an employee feels as though an employer has discriminated against them they can contact the Equal Employment Opportunity Commission which administers the federal discrimination laws.
Other things that can change Arkansas labor law on an “Employment-at-Will” position is if the employment is protected by a collective bargaining agreement. A collective bargaining agreement is generally considered a union contract. Therefore, if an employer desires to terminate an employee they must follow the collective bargaining agreement in that process. As an example, the collective bargaining agreement will most likely list a process such as a number of previous warnings. Now keep in mind that this is only an example.
Arkansas Labor Law Training
My personal opinion is that why in the world would you want to let an employee go…
Having stated everything above understand that having an employee handbook could jeopardize that position. Generally speaking an employee handbook will present policies that infer some type of continued employment. It all comes down to the language that you use. Therefore, it is very wise to utilize a very reputable Good Leadership Skills software, or consult with an Arkansas labor law attorney. In either case they should be able to guide you through the process. My personal opinion is that why in the world would you want to let an employee go that was producing for you. In the event that they are not producing then it would be easy to document their behavior or performance and following a written procedure terminate that employee.
Arkansas labor law states that if an employer terminates an employee the employer only has seven days of the discharge date to issue that employee their final wages provided they request it. If the employee does not make a demand for that final pay they employer has a maximum of the following payday to issue those final wages. Of course if there is some other agreement that has been agreed upon by all parties it would stand unless it is considered illegal.
Arkansas Labor Law Training
If the employee is not totally relieved the employer is required to pay them for that time..
Arkansas labor law does state that an employer must pay an employee for all hours worked over forty in a work week. Understand that an employer decides the work week; however, this must be set and can’t be flexible just to avoid paying out overtime to an employee. Overtime would be paid at one and one half times an employee’s normal hourly wage. This only applies to non-exempt employees. A non-exempt employee is generally thought of as not a supervisor or manager. Please consult with an Arkansas labor law attorney for more information on exempt versus non-exempt employees. Also understand that when we talk about total hours work over forty in a work week that only refers to hours actually worked. Therefore, if an employee is paid for such things as a holiday, when they did not work it, those hours would not count toward total hours worked in that week.
As you will find out through your labor law training Arkansas law does not provide for an employee over sixteen years old to receive a break or meal period. Although not required I personally believe that people need to take a break and/or have a meal period depending on how long the employee is scheduled. If a meal period is allowed and the employee is totally relieved of their duties the employer is not required to pay the employee for that time. However, if the employee is not totally relieved the employer is required to pay them for that time. Generally speaking short breaks, if provided, are not deducted as it relates to wages. All of this should be a part of your employee handbook.
Please remember that having an employee handbook is not a requirement of the state, but could clear up a number of an employer’s positions of things such as discrimination, sexual harassment, leave, breaks, discipline, employment at will, etc. I strongly suggest that that as you consider what labor law training you need that you also consult with an Arkansas labor law attorney or use a reputable employee handbook template software to assist you in writing your policy manual. Standard Legal is a very good and inexpensive software to use.
One of the most important areas of the law in terms of ensuring fairness and equality for all Californians is that relating to employment and labor. Unfair practices in the workplace can cause untold amounts of injustice, and it is essential for those negatively affected to pursue remedies and compensation through the legal process. A California employment labor law advocate is often an aggrieved worker's strongest ally in making things right when state or federal regulations have been disregarded.
A crucial realm of employment law has to do with sex and gender discrimination in the workplace. While vast improvements have been made in recent decades, there are still too many incidents where the law is ignored by employers. Defined as disparate or patently unfair treatment of workers based on their gender, legally actionable conduct could include offering different levels of salaries for each gender, unequal training or promotion opportunities, uneven bonus payments or differentiated working conditions. Sexual harassment is another offshoot of gender discrimination, and it also worthy of aggressive attack by a skilled employment attorney working on behalf of victims.
Similar to gender discrimination is the topic of age discrimination in the workplace, yet another impermissible form of differentiation among employees. Federal law prohibits discrimination against individuals over 40 that is based purely on age. It is important to note that unless there is a bona fide business reason for imposing job requirements linked directly to age, any such attempt to discriminate in this way will be closely scrutinized by the courts.
Equal pay is a realm of employment law that is of particular interest to many women. At the federal level, the Equal Pay Act requires employers to pay men and women the same, provided they are fulfilling the same job duties. Though certain employment law protections only apply to employers of certain sizes and types, equal pay protections are extended to almost any employer, whether a governmental unit or private entity. Is is the case with all employment-related litigation, each complaint is unique and must undergo a fact-intensive analysis. A California employment labor law advocate will be able to address all relevant issues and provide solid advice about available remedies.
The Family and Medical Leave Act and its applicability to employees is an extremely hot topic in the area of California labor law. The Act was designed to give individuals the ability to provide care for family members without having to worry about losing their employment as a result. Of course, employers may not always agree about whether a given individual is eligible for this type of protected leave, and that is when a labor law practitioner can prove extremely valuable. Because not all employers are required to follow FMLA due to factors including size and type of enterprise, it is important for employees with concerns about eligibility to consult with an experienced legal advocate.
The right to be free from unlawful discrimination or unfair employment practices in the workplace must remain inviolable. When negatively affected employees remain silent, employers may essentially find encouragement to continue their illegal behavior. Anyone who has suffered an adverse impact that can be directly related to violations of federal or California labor law would be well-advised to secure the assistance of seasoned employment law counsel.
Colorado labor law is one of the most liberal and favorable in the United States. It defines several aspects of the rules of engagement as far as job performance is concerned. There are specific guidelines on the kind of questions permitted and any question perceived to have the potential of creating room for discrimination are not allowed in interviews. Prospective employers are required to ask only questions which are specific to the job performance. I would incorporate these types of subjects (hiring practices) within your employee handbook.
Decisions to hire and or promote employees is left to the discretion of the employer who is not obliged to hire or promote the most qualified or experienced person. Colorado labor law leaves it upon the hiring authorities to make their decisions on a broad range of factors such as personal character traits. This by far makes it easier to consider personalities, as we all know come into play within any business environment.
But even in the above circumstances, Colorado labor law prohibits prospective employers from basing their decisions and judgments on personal issues which are either discriminatory or irrelevant to job performance and requirements. Questions to do with age, skin or eye color, sex, religion, nationality of origin and physical disability are highly discouraged unless they may hinder the performance of the job. Personal issues including marital status or plans, whether one has children or plans to have any are considered out of bounds. Place a statement that acknowledges that your business has an EEO policy and how it applies within your employee handbook.
Colorado Labor Law Training
But records of conviction count because the Colorado labor…
Where one was born, whether one has ever been arrested and sexual orientation are other factors considered irrelevant and therefore unnecessary. But records of conviction count because the Colorado labor law recognizes the judicial process of the land and a crime an individual has been convicted of may render him or her unsuitable for a particular job especially if the intended tasks are much in line with circumstances which led to previous crime. Many tasks require some level of responsibility and credibility and a person who has been convicted of fraud charges especially in labor is a great risk to many employers. It would take a great deal to convince someone that the old character traits which led to the commission of crime have been transformed. I have always believed that having a statement within your employee handbook that clearly states conviction of a crime may have an impact on labor.
The Colorado labor law considers the question of eligibility to work in the United States relevant since this is a prior qualification which must be met before someone can be considered for a job. Personal flexibility requiring adjustments in accommodation arrangement may be of concern especially where the individual is to relocate. Certain jobs may require leaving in provisional accommodation and that is why it may become necessary to find out from the candidates if they are willing to put up in certain arrangements.
Colorado Labor Law Training
Employees working under contracts can only have their services terminated…
References by previous employers are also regulated especially with regards to confidential information. To be on the safe side, employers prefer to give objective details like dates of contract commencement, contract completion and remuneration packages. This is because going beyond these issues may easily land one in trouble especially if they are construed to mean character defamation or malicious intentions to harm former employees. This is also the reason why arrests are not considered relevant or appropriate unless they led to convictions in which case it is the conviction which counts. Mere allegations not proven in courts of law are no valid grounds for consideration as to the suitability of candidates. Colorado labor law encourages and enforces professionalism in labor regulations.
It is instructive for employers to sign contracts with employees which guide the relationship between the two parties and outlines obligations and responsibilities. Employees working under contracts can only have their services terminated under the rules and regulations of the contract. Those who are employed at will are more at the mercy of the general provisions of the Colorado labor law which will be learned through labor law training. But an employee employed at will can’t be fired because of performing a duty which is considered a legal duty. Many businesses make sure to include an “Employee at Will” statement within their employee handbook.
Colorado Labor Law Training
It provides a solid basis for considering the performance of employees and makes it possible …
An employee handbook is considered rules of engagement by the Colorado labor law especially where there is no express contract between the employee and the employer. The handbook is not a mandatory requirement by law but is recommended. It provides a solid basis for considering the performance of employees and makes it possible to make objective assessments as to whether an employee has acted in contravention of its provisions or not. It is also a guideline for the staff to know what is permitted and what is not especially where there is no formal contract.
In general labor law training covering Colorado Law will show that their law serves to ensure workplace safety for employees and employers. Workers who get injured in the course of their jobs are entitled to compensation and in case the injury is fatal then their dependents may have to be compensated. Sexual harassment is not condoned either.
Connecticut labor law, like most states have laws against discrimination. In the state of Connecticut the law protects the following individuals from discrimination;
Anyone 40 or over
Ancestry or National Origin
Disability, including Physical, Mental or Learning
Pregnancy, Childbirth, and related Medical Conditions
Race of Color
Religion or Creed
Genetic Testing Information
As you can see there are a number of categories listed above that everyone at some point in their life will fall into. This makes it very difficult for employers if they do not insure that they are treating everyone fairly and equally.
Connecticut Labor Law Training
However, generally they will find themselves in trouble when they make…
For the most part an employer will comply with the Connecticut labor law without any problems. However, generally they will find themselves in trouble when they make uncalled for statements, such as, we need some new blood around! Or maybe saying something like, those types of people…! You generally won’t hear anything from anyone until your deny them an opportunity later. One way to make sure that you make your position on discrimination clear in your workplace is to include an Equal Labor Opportunity statement in your employee handbook. Your employee handbook can inform your employees that you will not tolerate discrimination within the workplace, and well as what they can do if they fill they have been discriminated against. Most Good Leadership Skills software will have well written example policies that you can modify to fit your business.
Connecticut Labor Law Training
On the other hand, if the employee quits…
Other Connecticut labor law guidelines include everything from when an employee receives their final paycheck if they are terminated or quit, to smoking within the workplace and everything in between. As an example Connecticut labor law demands that you must pay a terminated employee no later than the very next business day. On the other hand, if the employee quits, you can wait to issue their final paycheck on the next pay day scheduled. Vacation is one of those issues that we will not address in this article; however, it should be included in your employee handbook.
If your business requires drug testing as a condition of labor Connecticut labor law requires that you inform any potential employee in writing. Any drug and alcohol testing can get very complicated and you should consult a legal labor professional before taking any specific position on it within your business. If you do decided to go forward with a drug and alcohol program policy make sure you include it in your employee handbook. As a minimum you may want to consider using language that makes it against company policy to be intoxicated in any way when on duty, or in an on call status.
Please understand that on any labor law issue it is important that you should always consult with a labor attorney or legal professional. Laws continually change whether through the legislature or court rulings. Because they can change quickly you must protect yourself by finding out the most current laws and receive qualified labor law training.
Thank you and May God Bless You!
Guest Post Below
My road to being a labor law attorney has certainly been one that's taken twists and turns. I knew going into law school that I wanted to focus on labor law. I was especially motivated after seeing the abuse and discrimination my mother took through her career as a woman, and then later what my father went through as a veteran and as a victim of age discrimination.
I didn't originally tell anyone that I was even in law school. My family and friends knew I was taking night and weekend classes, but they didn't know it was legal schooling. I also was very vague with employers about it, even though that was oddly how I got a lot of my labor law training.
It was during the economic downturn that I wound up being an OSHA inspector for a local government branch for awhile. I was one of the teams that went in and checked for first aid kits, safety videos, chemical manuals, and those infamous break room posters. It wasn't very exciting or demanding duties, but it broke the ice for me on the world of practical and hands on labor law.
That actually wound up leading to a nine month contract in a human resources department for a big company here in town that had turnover issues. Again, this was an employer that had no idea I was in law school. I had found that any interview where I told them what I was studying for was a job I didn't get hired for, for some reason or another. That's why I just started telling everyone that I was going for an associate's degree.
A few other temp projects wound up having me involved in labor law issues, including being an informal negotiator between a trucking company and a union of workers. All in all, by the time I graduated as an actual lawyer, I had already filled my resume with instances where I had first-hand experience with labor law situations.
My combination of actual field experience with my official and educational labor law training made me a very desirable candidate for a number of legal firms here in town. I'm also proud to report that I have yet to be handed a situation where I don't fulfill my client's needs in some way or other. It's also fun to stroll into the office of former bosses and see the look on their faces.
State and federal laws protect many aspects of working life. However, if co-workers or employers create an uncomfortable working environment, obtaining experienced legal help can make a difference in resolving the situation. The following are some dos and don'ts when hiring a labor law attorney.
1. Do Search Lawyer Websites
Many lawyers maintain informative and active websites. You get to learn a lot about who you want to hire to tackle your case by reviewing them.
2. Do Fill Out A Questionnaire When Required
Most law firms have questionnaires. You need to fill them out fully and truthfully to help the lawyer understand your case better so that he or she can provide the best assistance possible.
3. Do Provide A Brief But Complete Written Chronology Of Your Situation
Employment law cases are fact intensive and complicated. The lawyer cannot tell if he or she can help you unless he or she is aware of the details surrounding your case.
4. Do Expect To Spend Some Money On Various Expenses And Lawyer's Fees On Your Case
In most cases, it is not possible to finance employment cases on a contingency basis like accident cases where the lawyer receives payment after winning. Employment law cases are much harder to win and usually offer lower damages. It is thus not economically practical for the lawyer to take on the case for nothing at the beginning expecting to receive payment at the end.
5. Do Expect The Case To Take Long To Resolve
The civil justice system is slow. You will also have to first file with administrative authorities and wait a mandatory period before going to court. In addition, these cases tend to be quite emotional for both sides.
1. Don't Expect The Case To Be Easy To Prove
Employment law is quite complex. The law places a very high burden on employees before winning a case.
2. Don't Expect The Lawyer To Be Able To Prevent Illegal Activity
Employment law is designed to clean the damage the employer has caused. It is only in very rare cases that it allows you to move to court and attempt to stop the employer from acting.
3. Don't Be Unrealistic About Settlement
While many employment law cases do settle, not all do. Due to the restrictions on damages and difficulties in proof, it is good to be realistic about solving any case.
4. Don't Expect Large Monetary Damages
Employment law has caps or restrictions that govern the amount of recovery. Generally, you will be entitled to lost pay as well as benefits along with some money for suffering and pain.
5. Don't Expect Most Employment Lawyers To Provide A 'Free Consultation'
Employment law is quite fact specific and the lawyer needs to know all the facts surrounding the case before he or she can represent you. This usually takes time. If they don't receive payment for this, employment lawyers cannot stay in business.
While labor law attorneys provide a valuable service, it is good to have the right expectations for your case. Follow the do's and don'ts discussed in this article and you will find the right employment law attorney for your needs.
Thank you for reviewing this information on labor law training. Return to Employee Policy Manual
For more information on labor law training visit this page on my personally written employee policy handbook that covers every employee policy you'll need.
Again thank you again for reviewing this information on labor law training.