The On The Employment Rights Act

Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.

21 John Hsu, ‘Work Choices Legislation Upheld by high Court’ (2006) Batallion Legal 1, 1-2 < http://www.batallion.com.au/Web-workchoices.pdf> at 9 April 2007.

The UHCA follows a tradition of attempts to ensure universal health care coverage in the U.S. During the nation’s early history of 1883-1912, there were no government health insurance programs or efforts to subsidize voluntary funds. The states were responsible for individual programs and it was left to the private industry. Some voluntary funds were available for members in case of sickness or death.

Additionally, Section 8 proscribes federation fraudulent labor procedures, which include, in accordance to legal interpretation, failure to provide a reasonable representation to all participants of the bargaining constituent. (Office of the General Counsel, National Labor Relations Board, 1997)

1. Which Act sets the minimum wage , and what is the current wage rate?

Walsh, D. J. (2013). Employment law for human resource practice (4th ed.). Mason, OH: South-Western Cengage

Under Montana 's Wrongful Discharge from Employment Act (WDEA), does Anton Chigurh have a claim for wrongful discharge when he signed a one-year employment contract containing an at-will provision and his employer, Carla Moss, offered him a lesser position with lower pay to accommodate a contract with a returning employee?

EEOC was created from the Civil Rights Act of 1964. This act addressed discrimination in employment, voting, public accommodations and education. Congress passed the Equal Employment Opportunity Act of 1972 because congress found widespread discrimination in both private and public sectors. Congress relying on conciliation and voluntary compliance was inadequate. The major provisions of this act were EEOC received litigation authority to sue non-governmental "respondance" employers unions and employment agencies; EEOC could file pattern or practice lawsuits; Title VII coverage was expanded to include the federal government and state and local governments, as well as elementary, secondary, and high educational institutions; the number of employees

There are several million undocumented immigrants employed in the United States (Burton, 2015). Even though the labor market has changed, the original National Labor Relations Act has not. The NLRA provide legal protection to employees to not be terminated for participate in organizing a union. NLRA created a blanket enforcement of NLBA rights equal for undocumented workers and U.S. citizens (Zdravecky & Hass, 2014). The law does not expressly detail terms who is considered an employee of an employer. The original intent of the law was to provide protection to anyone regularly employed in the U.S. The actions of the NLRA board makes it clear the board felt that undocumented workers deserved equal protection for the NLRA. If employer was

Congress as part of the Fair Labor Standards Act (FLSA) instituted minimum wage back in 1938. The first minimum wage was at $0.25 per hour and the last minimum wage increase occurred in 2007. Over the past 65 years the minimum wage has varied considerably in inflation-adjusted buying power. It has averaged $6.60 an hour in purchasing power in 2013 dollars, but it has ranged from a low of $3.09 an hour in late 1948 to a high of $8.67 an hour in 1968. Today’s minimum wage buys somewhat more than the minimum wage has historically, although it remains over a dollar an hour below its historical high. In addition to the federal minimum wage, nearly all states within the United States have their own minimum wage laws with the exception of South Carolina, Tennessee, Alabama, Mississippi and Louisiana. Sixteen states have a minimum wage that is higher than the federal minimum wage. The first moves to legislate wages did not set minimum wages, rather the laws created arbitration boards and councils to resolve labor conflicts before the recourse to strikes.

The Fair Labor Standards Act of 1938, as amended is also referred to as "the Act" or "FLSA". The Act provides for minimum standards for both wages and overtime entitlement, and spells out administrative procedures by which covered work time must be compensated. FLSA also include provisions related to child labor, equal pay, and portal-to-portal activities. A general overview of FLSA is that it establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local government. In 1974 the Fair Labor Standards Act began applying to employees of the United States Federal Government. ( para.1, 2,”

A rehabilitation clinic dismissed two drug rehabilitation counselors for using peyote in a religious ceremony. The two counselors, including Smith, sought unemployment benefits. Possessing peyote is a criminal offense in the State of Oregon. The rehabilitation clinic denied the counselors unemployment on grounds of misconduct. Smith filed suit again the clinic. The Oregon Supreme Court overruled the rehabilitation clinic’s verdict. The court stated that Smith’s religious use of peyote was protected under the First Amendment's freedom of religion. The Employment Division, Department of Resources appealed the case to the United States Supreme Court on the grounds that possession and

The issue of discrimination is very widely discussed, so widely that laws and statutes have been enacted and are continually addressed every day. This may occur in a courtroom, on the legislative floor or at the employer’s offices, but the fact that the Equal Employment Opportunity Commission (EEOC) receives around 80,000 discriminatory filings annually, with 99,922 in 2010, there is little wonder the amount of attention to discrimination is warranted (Walsh, 2013). According to the EEOC’s website, the discrimination claims were more than the annual averages, but less than 99,000 in 2010, at 88,788 in 2014 (“EEOC Releases Fiscal”, 2015). These figures reiterate the importance and diligence in which discriminatory acts must be handled by all parties involved.

The key is agreement and sometimes it takes a while before both sides agree. However, workers have an option that they don't even know about and they should know about. The National Labor Relations Act (NLRA) has a clause that just might be the best kept secret in the law labor world. It is called de-authorization. It gives one the option to opt out of linking up with a union when it comes to the condition of employment. It is very easy but nearly impractical for employees to get rid of a union once it is certified as their means of bargaining representative. When it comes to a deauthorization election, it can take place at any given point and time. It does not take away from the union bargaining and it does not take away from the employees

However, it can hear almost every employment law matter since its jurisdiction increased. Before 1994, Employment Tribunals could only hear statutory claims while after the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Employment Tribunals' role has drastically changed that they can now hear common law claims(Richard Kinder,1999). But there are some law matters of common law they cannot cope with like matters relating to moral tights and copyright, patents, designs rights, trade marks; breach of restraint of trade covenants; breach of confidence; breach of a contract terms requiring the employer to provide for the employee; personnel injury claims. From this regard, certain employment matters still have to be tackled in the civil courts.