Employment Law

Employee Protection Provided by Employment Law

Employment law covers duties and rights inside the relationship of current employers and employees, former employees, and job applicants. As a result of complex issues surrounding employment relationship, this branch of law is involved with other kinds of cases like discrimination, workplace safety, and overtime claims.

Most of the issues which might be governed by employment law are also covered by state and federal laws. However, if the employment relationship was built through a sound contract, the duties and rights of both parties involved can be dictated solely by the state contract law.

In L. a. alone, there are different cases and issues arising within the workplace which require the specialty of skilled attorneys. These professionals are knowledgeable with all the areas covered by employment law and they will also represent people whose rights were violated.

Employee Rights within the Workplace

Employment law versus human rights law – The saga of CCTV cameras

It comes as no surprise to many that the UK has more CCTV cameras per person than anywhere else on the earth; leading human rights lawyers to warn that their almost constant use in our everyday lives raises data protection and wider privacy concerns, since they are able to be used in an intrusive way.

But what are the bounds? At the workplace, employers are permitted to observe workers in thus far as it is important and proportionate to the management’s reasons. CCTV monitoring is usually undertaken for security reasons and is thus widely viewed as reasonable. It follows that employees naturally inspire reassurance from their respective employers that they may be using CCTV responsibly. Read more...

Employment law is a vital section of business law

Employment law is a crucial component to business law:
Business law is likely one of the branches of the large field of law. There are various things one has to remember when starting a business; let or not it’s a small or a big business. Breaking these laws may land you in deep trouble, so it can be always advisable to have some basic knowledge of both small business law and business corporate law. With this information, you’re sure of with the ability to run your small business smoothly without any hindrance from the law whatsoever!
The most important areas to think of in business law is employment law. While you don’t agree to all of the employment laws and regulations, it’s highly likely that you’ll emerge as in loads of trouble! There are different laws that really rule the employment basis of both the regular employees and the contract employees of a business. A number of the employment business laws that must be met by you’re FLSA, the Fair Labor Standards Act, The Immigration Reform and Control Act of 1986, Americans with Disabilities Act, the Civil Rights Act of 1966 and the Equal Pay Act of 1963. However, these laws are usually not connected to a number of the state employment business laws that you can find for your business! These laws are an extra thing altogether. To verify that your corporation meets each of the employment laws, it’s always better to checkup along with your HR department.

To run a business, it is very important have a business permit or a license. In the event you shouldn’t have one, there is a high possibility of you having to shutdown what you are promoting and to pay hefty fines and penalties. Moreover, moreover federal business law it really is required that you simply meet the state business law regulations too. And when you’ve got a world based business, you need to be responsive to the various international business laws and how they’ll affect what you are promoting, you and your final analysis. You no less than ought to meet the final international business laws, import laws, any specialized export laws and laws of the country you maintain business with.
Those running online businesses could also be of the impression that there aren’t any business laws relating the web. However, here is not so. There are numerous internet and online business laws that must be followed to keep up any online business. The rationale for these laws is that the web explosion during the last decade has forced the govt. to introduce internet compliance laws to keep up some law and regulation over the net. So while you by any chance run a site just remember to abide the web business laws. Whenever you don’t achieve this, there is a high possibility of your site being shut down and of you, in the intervening time, facing criminal prosecution and enormous fines.

Take into account that it isn’t advisable that you should try to observe the entire business laws for your own. There are lots of laws, and the easiest mode of avoiding falling into any trap could be to get the aid of some professional business law firm. The following pointers are to only provide you with an concept of the kinds of economic laws existing. However, notwithstanding you do hire a business law firm, it’s also better, and critical so we can have some basic knowledge of industrial laws!

Foreign Income Tax Breaks

1. Tax Home in Foreign Country

Tax Home
Your tax home is the general area of your place of business or employment regardless of where you maintain your family home. It is the place where you are permanently or indefinitely engaged to work and is not necessarily the same as your residence or domicile for tax purposes. The location of your tax home often depends on whether your assignment is temporary or indefinite. It also depends on the specific actions you take that reflect your intent to remain in that foreign location.

Foreign Country
A “foreign country” includes any territory under the sovereignty of a government other than that of the United States, including that country’s airspace and territorial waters. Excluded from the definition of “foreign country” are Antarctica and any of the U.S. possessions.

2. Bona Fide Residence Test / Physical Presence Test Read more...

Ill Health/Injury: Have you been getting it al wrong? 5 Tips for Getting it Right!

5 TIPS TO GETTING IT RIGHT!

Over the years, I’ve assisted many corporate clients with matters relating to illness and injury. There is a very fine line between ‘reasonable’ assistance to the employee on the one hand, and the interests of the employer in maintaining ongoing productivity and a feasible enterprise, on the other. This fine line is often further blurred by our own inability as employment law and HR practitioners, to interpret legislative provisions in a manner that protects the rights and interests of all parties involved.

Generally, organisations tend to dismiss employees who, as a result of illness or injury, are unable to perform their duties and tasks at the levels required of them. Granted, hearings may take place and workspaces or jobs amended, but these account for the minority of cases. Ultimately, the attitude of most companies towards these employees has very much been one of “don’t make your health problems our problem”. Read more...

Demand management, an example of Zambia NFC Research Project

An Effective grievance management procedure is essential for enhanced work performance and organizational productivity. In dealing with grievance, we must first understand the distinction between a complaint and a grievance. Grievance administration is important machinery which enables organisations or companies to deal with matters that may affect the achievement of organisation or company objectives.

A complaint is a discontent or dissatisfaction which has not yet assumed a great measure of importance to the complainant; a grievance however, is any dissatisfaction or feeling of injustice in connection with one’s employment situation that is brought formally to the attention of management. In another line of thought, Beach S Dale (2003:26) defines grievance as “any injustice to an individual that is brought forward to the attention of the management”. Management has the obligation to get to the root cause of an employee’s grievance so that the smooth functioning of the organisation is prevailed. This can be possibly done by putting an effective administration procedure to redress issues of complaints and grievances which if left unattended to would yield negative results in an organisation. Read more...

Compromise Agreement and Tax

Every now and then a compromise agreement may contain provisions wherean employee may collect recompense for redundancy which go beyond the statutory required mininum amount that an employee is designated to by statute.

To determine whether tax is owed on fundsappropriated as compensation for redundancy, in many ways this depends on whether the various components, that make up that compromise agreement payment is a payment by the employer in return for work performed under your employment contract. If the payment or part of that compensation is for services rendered, then this element of the compensation will be taxable under the Income Tax (Earnings & Pensions) Act 2003.

PILON is a contractual right to pay an employee a lump sum rather than require them to work out their statutory or contractual notice period. If there is no PILON clause in a contract of employment then an employer who pays an employee a lump sum salary payment instead of requiring them to work their period of notice will technically be in breach of contract but the employee will usually have suffered no loss. It should be noted that PILON may be taxable. The reasoning is that an employee has a contractural right to continue receiving payment for services. Read more...

What is your Paralegal Degree really worth?

We have all seen the commercials that allow you to train as a paralegal in less than two years, and many other best online colleges online offer this as a degree. The question that you need to ask yourself is after I obtain my paralegal online degree how much is it really worth? Let’s face it as the times change so is the demand for qualified paralegals. Many of the law firms are looking for way to reduce cost, hiring a qualified paralegal is fast becoming a way to trim the fat out of their operating budget. Many of the tasks that they once outsourced are now being assigned to paralegals at a fraction of the cost they were paying outside firms to handle.

OPT and the STEM Extention: What you Need to Know!

Article: OPT and the STEM Extension: What you Need to Know!

Szabo, Zelnick and Erickson, P.C.

If you’re like most people who are involved in immigration, you may in some way play a role in the April 1, 2009 H-1B filings. No matter your role, be sure to keep in mind that some candidates for H-1B status will also be eligible to extend their employment authorization in the U.S. as a result of changes to the law implemented last year. This article is offered to provide an overview of the changes in the law, assist you in identifying individuals who are eligible for an extension of employment authorization, and provide you with some guidance in preparing the extension applications.

Is your business ready for change?

Are you ready for change?

Big cases such as the recent Kraft takeover of Cadbury’s show that it is not just the impact on the stock market but the real impact on the lives of the employees which becomes a talking point in both communities and the media.

If you are thinking about making changes to your business and its structure then it is both your internal staff and the impact on your business and reputation overall that you need to consider.

Some of the legal aspects which will need to be considered are:

The business structure you are moving from and what you are moving to.
The employment related aspects of your change
Help on both the human and employment aspects of any redundancy plans your company needs to make as a result of the restructuring

In addition to the employment aspects there are also the impacts of change to your reputation to consider. Here, the takeover by Kraft sparked a national discussion on: Read more...

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