Employment Law Blog

Almost every state law in the United States considers that a labor contractual relationship between an employer and an employee can be terminated at any time. However, in order to protect workers, it is necessary to define exceptions to these dismissal principles. First, it is the Act for the Protection of Workers against Illegal Discrimination. Prohibits the dismissal of workers because they belong to social groups protected by race, color, religion, gender, nationality, origin, disability, veterans or sexual orientation. The second is the Whistle-Blower Protections Act, which protects workers from being treated unfavorably against them because they have accused their employer of illegal activities. The last is a bill that prohibits dismissal or disadvantageous treatment because an employee implements legal off-duty. There are exceptions recognized as court cases. The first is public policy. To protect workers from adverse employment-related activities that violate employer's ...

It refers to a lawsuit filed by a majority of the parties in common interest. It is often used when it is difficult for individuals to file cattle because of the large number of victims and small amounts of damage. The US class action lawsuit is a way of solving collective disputes of personal conduct by allowing the individual to belong to the victim group to be recognized as a party and to have him or her carry out a lawsuit for the benefit of all group members. Unlike other countries, which recruits large-scale litigation participants over a long period of time, in the United States, even if only one complaint is filed, the case can be filed on behalf of the group. If there is a large number of potential victims who may be in the victim group, the court will classify the plaintiff as a group. The representative party must be a member of the group, and the representative plaintiff and the plaintiff representative must have an adequacy of representative. In other countries such as...

Mayoria de los contratos escrito en inglés contiene una cláusula de arbitraje obligatorio. Aquellos que son beneficiarios de la cláusula de arbitraje no tienen que pasar por litigios prolongados y procesos judiciales, por lo que pueden resolver el problema mediante la inversión de una cantidad relativamente pequeña de honorarios de abogados. Esta es la razón principal por la que tiene que firmar un contrato de empleo en los Estados Unidos por escrito. Los tribunales de los Estados Unidos también reconocen el arbitraje laboral vinculante, que permite a los empleadores y trabajadores acordar arbitrar disputas sobre disputas laborales. La intención es proteger a los trabajadores manejando las disputas relacionadas con el trabajo de manera rápida y fácil, basándose en la autonomía de las partes en la relación laboral.   El arbitraje es ciertamente más rápido que los procedimientos judiciales porque se lleva a ...

It is important to note that independent contractors can be considered as Employees, depending on whether or not the employer controls work, apart from the non-employment contract. In May '05, the California Supreme Court recognized the courier vehicle drivers as employees in a class action lawsuit between the courier company and the vehicle driver. (Dynamex Operations West, Inc. case) The defendant claimed that the delivery truck drivers were independent contractors, but eventually they lost. In order to be recognized as an independent contractor rather than an employee, an employer must not control the service provider's work through instruction or interference. In addition, the independent contractor must engage in business that is independent of the employer's principal business or is customarily independent. Employees are subject to labor laws such as accident insurance, minimum wage, overtime, and break time, but independent contractors are free from such obligation...