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When it comes to federal employees, "outside employment" is anything that falls within a few specific guidelines. Learn what constitutes outside employment for federal employees with help from an attorney in this free video clip.
Employment laws that affect whether a company can fire an employee without reason vary by city and state. However, at least one federal law generally favors the employer, unless city or state laws include certain exceptions. Other determinants of a person's employment rights may be dictated by labor agreements or conditions that were stipulated at the time of the hiring.
The Tennessee Department of Workforce Development enforces laws regarding nonpayment of wages; however, the agency doesn't regulate overtime issues, nor does it handle matters concerning minimum wage or rules regarding salaried employees. Tennessee defers to federal law on those issues; therefore, the U.S. Department of Labor regulations apply to Tennessee employers and employees pertaining to overtime, minimum wage and salary issues.
During a full-day work shift, employees typically want to take a break for a meal. Their productivity may decrease if they do not, which can affect an employer’s profitability. Other employees, however, may not want to take a break during their shifts to eat. Depending on the policies of the employer, employees can choose not to take a lunch break.
A repossessor works with customers delinquent in paying their accounts. These professionals attempt to collect money owed and start proceedings to repossess property if customers fail to make the agreed-upon payments. In May 2010, the Bureau of Labor Statistics estimated the salary for a repossessor under the broad occupational title of bill and account collectors.
In difficult economic times, many people jump from job to job, not due to any incompetence but simply due to circumstance. However, there are times when you may not have left an employer in the best manner. In these situations, it is important to understand what a prior employer can and cannot say about your time with him.
Federal employees are legally protected from workplace discrimination through Title VII of the Civil Rights Act of 1964. These claims, typically related to sexual harassment or discrimination based on age, race, religion or sexual orientation, are filed through the U.S. Equal Employment Opportunity Commission, or EEOC. Federal employees are protected from prohibited personnel practices, such as reporting workplace impropriety or misuse of federal funds, coercive political action or engaging in nepotism. These grievances are filed through the U.S. Office of Special Counsel. Complaints can be filed online or via postal mail.
If you own or manage a business that employees hourly employees, your hourly workers will likely expect to take lunch breaks at some point during their shifts. Lunch breaks can give employees an opportunity to rest and escape from the pressures of work duties, giving them the energy necessary to complete the remainder of their shift hours. Legal requirements may also affect your obligation to provide lunch breaks for hourly workers.
Being a federal employee entitles you to a basic annuity payment along with other retirement benefits, including a savings plan -- similar to a private 401k plan -- from the federal government. The basic annuity payment gives you an income you cannot outlive for the duration of your retirement. This income is irreversible once it starts because the annuity payment is an immediate annuity. However, once you have elected to receive annuity payments, you may still terminate the annuity payment before it begins.
The successful defense of a lawsuit requires knowledge of the latest versions of statutes and regulations. Because statutes may be amended by Congress or a state legislature, it's important that you or your legal defense team research and review any changes to the statutory language at issue in any legal proceedings brought against you or your company. The use of a subscription legal research database can enable you to identify any updated statutes relevant to your legal proceedings.
Some occupations prohibit the employment of felons. As a result, felons who have served their time may find difficulty in obtaining employment in certain fields. These hiring practices typically apply particularly to careers where the individual may have direct contact with children, finances or matters relating to public safety.
Although many states and the federal government protect employers from liability for giving job references in good faith, you still need to exercise caution to avoid potential lawsuits. If you ever have doubts about a thorny job reference issue, seek advice from your state department of labor or legal department. In addition, learning basic legal issues for job references will help you recognize potential problems.
Employment rights of military reservists are protected under the Uniformed Service Employment and Reemployment Rights Act of 1994 (Title 38 United States Code, Sections 4301 to 4335), or USERRA. USERRA is intended to provide protections to members of the military reserves, the national or air guards, or the other Uniformed Services such as the Public Health Service. These protections include, but are not limited to: (1) ensuring they are not disadvantaged in their civilian careers because of their military service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in…
When most people hear the term "sex offender," their immediate thought goes to the violent rapist or the pedophile, but the truth of sex crimes is that they run the gamut from the man who urinates in public or masturbates in a porn theater to the cannibalistic serial child rapist. Punishing them equally would be unjust. As such, sex offenders in most states have been classified into three felony categories, which require most offenders to register their addresses and workplace information on statewide or nationwide sex offender registrars.
In today's economy, finding a job is hard enough without having a felony on your record. Many job opportunities, including specific government jobs, are unavailable to a convicted felon, due to restrictions placed on the type of work felons are allowed to perform. However, jobs are available for felons, although extra effort must be made by felons to find find suitable employment.
Polygraph tests date back to ancient civilization. Some civilizations employed bizarre approaches to catch a deceptive person, such as putting the person's hands in boiling water or making him walk across red hot coals. People believed if the accused remained unscathed, it meant he was telling the truth. Scientific research improved the methods used to identify liars. Today experts in a variety of fields use polygraph tests that are accurate as well as physically painless.
While the polygraph, also known as a lie detector test, has become a less credible way to establish veracity as its accuracy is questionable, law officials still administer the test in certain situations.
Human resources departments in Maryland check the references of potential employees. State regulations require that a current or former employer provides the facts and does not show malice toward the employee during reference checks.
Public personnel administration is the division of human resources which deals with employees working for a governmental entity or related non-profit organization. Mediating employee disputes and reviewing issues which may impact employee rights are common duties for staffers.
There are no federal laws that bar employers from inquiring about prior arrest and conviction records. There also are no federal laws that prohibit employers from refusing to hire ex-offenders. According to the U.S Equal Employment Opportunity Commission, or EEOC, it is not recommended that employers use these records solely to make hiring decisions because it limits employment opportunities of some protected groups. Various state laws prohibit employers from inquiring and making hiring decisions from arrests and conviction information. Employers must take into consideration three criteria when deciding to bar an ex-offender from employment.
Employers can design workplace policies that their employees must follow, as long as the rules are legal. Whether or not an employer must follow a certain policy himself depends on several factors.
The U.S. federal Equal Employment Opportunity Commission, or EEOC, is the agency responsible for enforcing laws protecting employees or job applicants from discrimination due to race, religion, color, gender---including pregnancy--- nationality, age, disability or genetic information. They use and apply a variety of antidiscrimination laws in work-related issues such as hiring, termination, promotions, harassment, training, wages and benefits.
The U.S. Constitution is the highest law of the land. The second highest is a state's constitution, followed by a municipality's charter. The question of whether federal law applies to municipal employees depends upon the facts. The general rule is that, for most situations, federal law creates a floor from which state and local law may incorporate the law and put in place more stringent requirements.
Regardless of your medical condition, when patients visit a doctor they expect the information they receive will remain confidential. Federal laws have been established to ensure a patient's medical record will be kept private and may only be disclosed with the patient's permission.
The Occupational Safety and Health Act passed in 1970 protects citizens from hazards in the workplace such as excess noise, unsafe equipment and unhygienic conditions. The act gives workers basic workplace rights. The Occupational Safety and Health Administration is the government department that upholds this act.
The federal government administers federal employment laws; the state government sets the state employment laws. The state of Florida has its own labor laws, which may equal or differ from federal law.
Federal labor law takes a hands-off approach to issues of promotion and advancement in the workplace, allowing employers to establish criteria for awarding or withholding promotions as suited to their business model. With the exceptions of certain protected classes --- established to guarantee that promotion policies must be evenly applied to all workers --- employers who aren't bound by union agreements or other contracts are free to promote workers as needed.
Employees always hope to make enough money to take a vacation, even if that vacation is nothing more than sitting around the house. While some employees may earn paid vacation time, others are not so fortunate.
The Federal Fair Labor Standards Act doesn't address annual reviews in any way, which allows employers to handle, or ignore, yearly performance reviews in the manner they choose. In the absence of requirements pertaining to the manner in which reviews are given, many federal laws protect employees from being disciplined in an annual review for protected reasons.
Overseas military contractors employed by the U.S. government must follow federal law even when their work is performed in a foreign country. Not only do federal employment laws for military contractors regulate how they pay taxes; they hold contractors accountable for many crimes committed in the line of duty. If you are thinking of working for a military contractor or setting up shop as one, consult an attorney on your liabilities.
Federal laws on employment are in place to ensure that employees are treated fairly and are protected from acts such as discrimination. Laws vary depending on the size of the business and the amount of employees; however, even if you just have one employee, there are laws in place. Strategic HR Inc. provides a list of federal laws protecting employers with 1 to 14 employees.
The decision of hiring a sexual offender in the workplace remains with the organization itself. Federal laws do not address the hiring of a sexual offender. Some states, such as New York and Pennsylvania, have mandated specific guidelines for the hiring of employees, including sexual offenders. Although the hiring of sexual offenders falls short in the federal law jurisdiction, rules exist to ensure employers provide a safe environment within the workplace, including safe hiring and retention of staff.
Under the Fair Labor Standards Act (FLSA), non-exempt employees are guaranteed a minimum wage and overtime pay. Federal law makes it illegal for any employer to withhold overtime pay or deny a non-exempt employee a minimum wage. However, not all employees classify as non-exempt. To determine the status of an employee in this regard, certain considerations must be kept in mind, including how much they are paid, when they are paid and what job title they hold.
While not required to by federal law, many employers provide rest and meal breaks. Break periods provide an opportunity for employees to recharge and energize. When offered, federal law determines whether the break should be deemed as paid or unpaid.
Federal regulations contained in the Fair Labor Standards Act protect restaurant employees who earn tips from unfair payroll practices by their employers. The law allows restaurants to pay these employees less than the minimum wage. However, the sum of the payroll contributions and the tips must equal the minimum wage.
Employers must post notices to employees regarding their rights under federal laws. Posters must be posted in the language each employee understands--i.e. English or Spanish, and in Braille if the employer hires persons with vision disabilities. The posters must also be placed in a common area such as a break room or on a bulletin board where all employees can see them. Employers face stiff penalties for failure to post required notices, ranging from a fine of $110 to court orders requiring them to pay restitution to employees.
Federal employment protections have not always existed in the United States. In America's not-too-distant past, employers could pay workers "starvation wages," refuse to hire minorities, fire people for medical conditions and force employees to work excessively long hours with no additional pay. Through a series of legal and Congressional battles spanning several decades, American citizens won the protections that are taken for granted today,
According to the Heritage Foundation's 2010 Index of Economic Freedom, Ukraine's labor laws are "relatively rigid." Employment conditions are generally outlined in the country's Labor Code, which was created in the Soviet era. Democracy advocates argue that the Labor Code has socialist aspects that must be updated to reflect Ukraine's economic and political climate.
According to the U.S. Department of Labor (DOL), its mission is to protect the rights of employment seekers and wage earners. The DOL is responsible for administering federal employment and labor regulations to meet this objective. To this end, the DOL requires that all employers comply with its policies.
The Fair Labor Standards Act is a federal law that establishes fair employee compensation for hours worked. The law also stipulates how employers keep track of records pertaining to time and pay. The law is part of the Code of Federal Regulations, 29 CFR Chapter V, according to the United States Department of Labor.
Equal Opportunity in Employment laws were established as part of the landmark Civil Rights Act of 1964. The Civil Rights Act encompassed a variety of topics, but Title VII was dedicated to fairness in employment. An extension of the 14th Amendment, it broadened to the individual level Congress' authority, which had been restricted to the state level.
People who have been convicted of a felony face a number of federal and state laws regulating what positions they can hold upon their release from incarceration. Many professions that require licenses, such as law and education, do not allow felons to hold jobs, while convictions for certain types of crimes can bar felons from entire industries.
Dual employment laws are designed to mandate employment regulations for legislators and holders of public offices. Many state legislators continue to work at their previous public sector job upon receipt of their elected position. Each state holds its own policy regarding how a public servant may legally draw two separate incomes from government positions. While most federal employees are strictly prohibited form drawing multiple incomes from the government, there are several exceptions.
Federal employment laws control many aspects of employer-employee relationships, from hiring to termination of employment. Congress has enacted statutes governing compensation and benefits, working conditions, employee safety, and collective bargaining. Although there are counterpart laws from state and local governments, the federal laws set minimum standards and requirements for how employers across the country must treat their workers.
The federal government has created several organizations and many pieces of legislation to ensure fair employment practices. Established in 1913 under President Wilson and Secretary of Labor William B. Wilson, the Department of Labor strives to make employment fair and even. With legislation concerning topics ranging from hours to wages to hiring conditions, the Department of Labor has had a tremendous impact on the lives of American workers.
Over 30 states have adopted reference check immunity laws. This means that most employers will only give your name, job title, and dates of hire to prevent potential lawsuits by the companies who hire the individual. These laws do not protect employees during routine pre-employment screening and quality reference checks. They are designed only to protect companies from litigation against "negligent referral."
Claims for wrongful discharge may arise under federal or state law. The law governs the statute of limitations for filing these claims. Federal claims follow federal law, and the Ohio Revised Code governs claims made under Ohio law. The limitation period for wrongful discharge varies, based upon the specific type of claim.
Federal equal employment opportunity is governed by several different laws, all of which are enforced by the Equal Employment Opportunity Commission (EEOC). The collective purpose of the laws is to prevent many types of discrimination in employment, including within the hiring and firing processes.
Several federal laws, from those included in the Civil Rights Act of 1964 to those that make up the Genetic Information Nondiscrimination Act of 2008, guarantee citizens equal employment opportunities. These laws forbid employers from relying on race, sex, gender, genetic information or applicants' disabilities to pass them up for jobs and promotions. Companies that violate these equal employment laws can face significant fines and penalties. These laws make it easier for workers to land the best jobs for which they are qualified.
The Civil Rights Act of 1964 created the Equal Employment Opportunity Commission to enforce federal laws that prohibit employers from discriminating against employees. These laws do not permit unequal treatment of employees based on age, gender, race, disability, age, national origin and other personal characteristics.
The legal requirements for business records vary greatly from state to state. For instance, some states have statutes requiring that businesses maintain records of all sales of tobacco or alcohol products. While any list of legal requirements for business records will not be exhaustive, given the states' individual requirements, some requirements are consistent across all jurisdictions.
The repercussions of a crime in one's past doesn't always end at the prison gates. People convicted of felonies lose a number of their rights, including the right to work certain jobs or receive a license to perform particular trades. Although the Equal Employment Opportunity Commission interprets Title VII of the Civil Rights Act to mean that employers cannot hire and fire people based on their conviction history, federal law bars felons from holding a number of jobs.
Employment applications are legal documents that request information about job candidates and record a candidate's personal information and work history. If a candidate is hired, the application becomes part of their employee file. Employers have legal obligations under federal and state law regarding the employment applications they collect. There are requirements about how employers must handle applications. There are requirements about what information can be requested on applications, how employers can use them in the hiring process and how long an employer must keep employment applications.
The United States adopted child labor laws in the mid-1800s to protect children from abuse. State and federal employment laws now protect youth in the workplace.
Some employment application questions and topics are off limits due to the potential for discrimination based on an applicant's personal situation that has little to do with the job for which they apply. Employers must keep their employment application questions within reasonable consideration of an applicant's background. Employers must abide by the standards of Title VII of the Civil Rights Act as well as the Age Discrimination in Employment Act, the Rehabilitation Act, the Americans with Disabilities Act (ADA) and the ADA Amendments Act.
Several federal employment laws were enacted to protect the rights of applicants and hired employees in the United States. These employment discrimination laws make it necessary to follow state and federal guidelines carefully when seeking information from applicants and keeping applications on file.
There is no single law of the workplace. Employment laws originate from both the state and federal government, and which law is controlling in a specific state can be confusing. The answer depends on a variety of factors. Federal statutes apply to employers with a specific number of employees, but many states have enacted their own employment laws, which may be controlling, depending on the circumstances.
Small business employee rights arise from federal, state and local laws. The U.S. Congress has passed numerous laws protecting employees rights, and many of those laws apply even to small business employers. Similarly, many states and local governments also regulate small business employment. The small business employee's rights range from rights to privacy, freedom from harassment and discrimination, and the right to fair and equal pay.
A polygraph test, also known as a lie detector test, uses a person's vital signs to attempt to determine whether the person is lying when answering a series of questions. A polygraph often is used in legal settings, but because of its inability to establish for a fact that someone is lying, it is not admissible in court.
There are three branches of employees of the federal government under the U.S. Office of Personnel Management. They are military, civilian and civilian-military. Civilian employees can be merit and non-merit or on active-duty status with the military. Contracted employees (workers hired by companies with federal contracts) are not privy to the exact same rights, but federal government contractors are required to treat their employees as they would federal government employees while the contract is active.
Title III of the federal Consumer Credit Protection Act specifies the amount of disposable earnings an employer may be required to withhold from a debtor employee's wages to satisfy a debt. If the debt is owed as a result of a civil judgment, this amount may be nominal. However, employers may be required to withhold a substantial amount of money from an employee's paycheck under certain circumstances.
The Equal Employment Opportunity Commission (EEOC) was created as a result of the Civil Rights Act of 1964 and started operations in 1965. The mission of the EEOC is to eliminate discriminatory practices from the hiring and retaining processes of companies.
U.S. employees have legal rights to compensation, conditions and characteristics of break periods during work time. Some of these rights come from the federal government and some from state governments. The state laws cannot contradict any rights bestowed on workers by the federal employment laws, which are set out in the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA) and the Occupational Safety & Health Act (OSHA). Federal employment laws on breaks fall into five categories: rest breaks, meal breaks, sleep breaks, health breaks and bathroom breaks.
Equal employment opportunity laws protect the rights of employees in the United States. The laws are passed by the U.S. Congress and they apply to employers in all states. Federal equal employment opportunity laws are enforced by the Equal Employment Opportunity Commission (EEOC). If you ever feel your employer has violated your rights under an equal employment opportunity law, you should contact the EEOC to discuss the matter.
The history of Equal Opportunity Employment stemmed from large grassroots efforts from minority groups, particularly African Americans. The fervent anti-discrimination movement began in the early 20th century with a period of interracial lobbying, litigation and public advocacy. The fruits of success had eventually begun to be realized with the passage and enacting of the Civil Rights Act of 1964. Anti-discriminatory protections were extended to persons with disabilities with the passage of the Americans with Disabilities Act (1990).
Do you interview job applicants but aren't exactly certain what is an isn't allowable to ask them? Unless you have specialized in labor law, employment law, or have a lot of experience in human resources, your answer is probably yes. Federal employment laws are always changing, and can be confusing when you are interviewing potential employees. There are, of course, also state and local laws related to employment too that may affect your employment practices. This article will take you step-by-step through the process on how to safely interview a job applicant.
