7 Basic Principles of Avoiding Legal Conflicts With Employees

As an employer, even if you are committed to complying with employment directives, you can still run the risk of going through some legal problems. Some legal firms, for example, assert that any employer needs to always be prepared for any eventualities. Some of these problems can lead to expenses, negotiations, court appearances, or worse, tend to tarnish your establishment's reputation.

As much as employer-employee relation is concerned, one of the best ways to prevent problems is to avoid unhappy employees in the first place. This will keep your business safe from issues that might urge them to seek the intervention of the legal system.

This is a difficult mission to accomplish. But since it can save your company thousands or even millions of dollars plus your company's name, you can apply a few basic principles to avoid getting into a lot of disputes with your workers. Here are some of the ways to avoid them:

1. Treat your workers with respect.

Respect is one of the most important things that can make anyone feel that he is valued. If you treat your employees with respect and kindness, they will also respect the management in return. And if they have a problem, this respect will prompt them to bring the matter to your attention instead of bringing them elsewhere.

2. Do not embarrass your employees in the presence of other people.

Even little children in your family get resentful if you embarrass them in public. If your have a concern for a particular employee, your best move would be to get his attention and talk to him one-on-one. This will make him feel that you value him as an employee. You should make private any personal information your worker discloses to you. You shouldn't break his trust.

3. Be available for your employees especially when necessary.

Whether you like it or not, as an employer, you are responsible for your employees' morale and well-being. You should be available for your employees when they feel they are not happy with certain management decisions. Employees should be made to understand management prerogatives and goals. Otherwise, they can become legal issues.

4. Value your employees' suggestions and let them know it.

No one knows the job better than the person who handles it everyday. Your employees' suggestions deserve attention when it comes to their job, safety, and general welfare. You should value them and try to implement good ones.

5. Avoid discrimination in the company.

Senseless discrimination is one of the major causes of employee low-morale. You need to be consistent with the way you treat your workers to avoid problems of this nature.

6. Evaluate your employees' performance on a regular basis.

Employee performance evaluation is one of the most important aspects of business administration. This can help to let workers know where they stand in carrying out their duties. It can help to alert workers if they fall short of expectations so that they can have an opportunity to improve. Employee evaluation can be your best defense against a legal battle if you have to fire a worker for cause.

7. Make decisions based on the employee's job, don't make things personal.

If there's a need to reward or punish a worker, you should base your decision on what he has or hasn't done that cause the damage. As an employer, you must not make personal grudges or attachments part of management decision. Being objective can help to keep you out and away from legal problems.

These principles are simple and fundamental, but they can help to keep you away from legal problems that might cost you millions and countless sleepless nights.

Overview of the Federal Labor Law Statutes

United States labor law is the body of law and regulations which concern work in America. There are a number of statutes which operate at a federal level such as the fair labor standards act, the national labor relations act and the occupational safety and health legislation. These statutes apply to workers in the commercial, non-government workforce. There is also a set of laws which govern employees of the federal government whilst the rights of workers in the state governments across the nation are determined by the legislation of those states. Some of the most important elements of the federal laws include protections against discrimination on the grounds of race, national origin, age and religion.

One of the major issues for workers is the legality of wages and hours worked. Rights in relation to minimum wages and overtime par are determined by the fair labor standards legislation. The issue of wage garnishment is covered by the consumer credit protection legislation. One of the most controversial areas of labor law concerns protection worker's protections in agriculture with particular regard to the concerns of migrant workers. The Migrant and Season Agricultural Worker Protection Act secures the rights in this field. There are a number child labor protection provisions which are found in the Fair Labor Standards Act.

Perhaps the most pressing issue in labor law is the regulation of occupational safety and health. There are a variety of different pieces of legislation which deal with this at the federal law. There is the mine safety and health laws and a number of provisions of the legislation already mentioned. Associated with this is the scope of workers' health benefits, retirement standards and workers compensation. There is the Employee Retirement Income Security Act which governs employee benefit plans. There is the black lung compensation regime found in the Black Lung benefits Act and there is also the Longshore and Harbor Worker's Compensation Act along with the Defence Base Act which governs compensation for defence force personnel and there is obviously the Family and Medical Leave Act which governs compulsory leave entitlements.

A number of miscellaneous rights exist as a product of pieces of legislation such as the Employee Polygraph Protection Act which governs the use of lie detectors in employment circumstances. There are also protections for whistleblowers and there is also legislation which requires plant operators and companies conduct mass lay-offs to follow certain legally prescribed processes and procedures. Furthermore, legal norms exist for union officer elections and financial controls to prevent the abuse of the labor union system by union officials.

The Development of International Labour Standards and Their Increasing Influence

Until the 1990s, policy makers, legislators, industrial relations practitioners and commentators did not give any attention to the role of international standards in the development of labor law. However, there is increasing acceptance around the world that the principles expressed in the International Labour Organisation's fundamental documents can be used as a reference point for the development of legislation and policy frameworks for labour law in different countries including the United States. Labour standards adopted under the auspices of the International Labour Organisation have had a number of influences on the development of the labor law systems of the United Kingdom, Canada, Australia and the United States as well as a number of other common law countries. Most notably, there increasing influence of the international labor organisation's standards in Indian labor law.

The United Nations has promoted the adoption of a number of instruments dealing with discrimination in employment in particular which have received international attention from a number of countries. These standards focused on the elements of race, gender and age. Some of the agreements ratified by a number of countries include the International Covenant on Economic Social and Cultural Rights, the International Covenant on Civil and Political Rights and in some limited circumstances the Universal Declaration of Human Rights.

The International Labor organisation was founded as part of the Versailles Treaty at the end of World War I. It originally functioned as part of the league of nations system but survived the demise of this organisation and has since operated as an agency of the United Nations. There are the 'conference' of the ILO, the governing body and the International Labour Office. The conference is colloquially known as the 'parliament' of the ILO. It makes the ILO unique because its decision making processes are not the exclusive right of the member states of the United Nations. It also debates matters which are of general interest to the international community as represented by non-governmental organisations. There is then the governing body of the organisation which is a bit like the cabinet or the executive of the organisation and finally there is the Labour office which is based in Geneva and operates in a similar manner to the bureaucracy of a government. In many cases, the development of international labour standards is performed through the Labour office in consultation with representatives from a number of the member of states. Through this process, the development of international labour standards is achieved.

One of the most important international labor standards is the freedom of association. This is expressed in Article 41 of the original constitution of the International Labour Organisation and it is considered, in that document and its successors to be at the level of a fundamental human right which in the context of labour law is associated with the right of the workers to assemble and form labor organisations. It also appears to be universal that there must be a level of respect and observance of the right to freedom of association by employers for workers in order for economies to function effectively in developed and developing countries.

Interestedly, also at the international level there is the operation of the international labour organisation's special procedures for inquiring into an alleged failure to respect these principles. The first of these procedures is the Fact Finding and Conciliation Commission on Freedom of Association. This first procedure appears to have suffered from under utilisation and now appears to have been relegated to the role of dealing with complaints against countries that are members of the United Nations but not of the International Labour Organisation. The second major procedure in operation is the Committee on Freedom of Association. This committee has remained active and engaged in the purpose that it was originally envisaged for. It has 9 sitting member states and has examined nearly 3000 complaints since its establishment in 1951. The committee has heard a number of complaints relating to the breach of the principle of freedom of association. The committee will hear the complaints from a variety of sources including employers and employee organisations. However, there is a need to notice that a state is only bound by the terms of the committee's decision if the State has ratified conventions number 87 and 98. However, the United States has not ratified these conventions and is therefore only subject only to the jurisdiction of the committee rather than the conciliation commission.

The United States has always had an active interest in the International Labor organisation from the time of its formation to the present time. However, there are a number of issues which prevent the deep implementation of the principles of the International Labor Organsiation in the United States. The bulk of the jurisdictional requirements for labor laws in America are dealt with at state level with only a handful of employment matters, most notably in the area of discrimination on the grounds of race, sex and age at federal level. There is therefore only limited application of the principles of freedom of association as a human right in the labor laws of the United States.

What Are the Basic Employment Entitlements to Employee Pension Plans?

One of the key employment rights is the right to security in retirement. In the developed world, there is basically universal acceptance that there is a right to a pension plan which can meet one's need for security in retirement. In America there is legislation which offers broad protection to the rights of employees in respect of pensions and therefore security in retirement and freedom from dependence on social security. The Employee Retirement Income Security Act of 1974 was a landmark piece of legislation which established the statutory right of employees to the payment of pension plan entitlements by their employer. It subsequently became Title 29 of the United States Code.

The act provides significant tax benefits for employees in relation to the operation of s.401(k) of the Internal Revenue Code. It means that there need to be disclosures to employees of the financial details of the retirement plans which are operated by their employer. There are norms and rules for the conduct of the fiduciaries of the employment plans and it also has legal options for access to United States federal courts in a situation where there is non-compliance with the act.

There are a number of government agencies which share responsibility for the application and oversight of general adherence to the terms of the legislation. The Department of Labor, the United States and Treasury and the Pension Benefit Guaranty Corporation which is a special statutory corporation that provides for a situation where a private employer collapses without making adequate provision for the pension entitlements of their staff.

There was a long period of historical development for the piece of legislation. As far back as the period of the Kennedy administration the committee on corporate pension plans was established. However, the event that gave the impetus for reform was when Studebaker collapsed and it had failed to fund its pension plan sufficiently for its former employees to have any security in retirement without reliance on social security.

It is important to remember that this legislation doesn't specifically require that an employer establish a pension plan. However it does establish rules for the administration of employer pension plans including the need for employers to fund the plan at certain levels. Employees also need to be aware that this legislation requires pension plans to pay benefits in a specific manner. One of these requirements is that if a participating employee has a spouse there is automatic passage of the benefits to a surviving spouse unless there is a specific waiver.

Pitfalls to Avoid When Navigating a Workers Compensation Claim

Most workers compensation cases reach a settlement before the need for a trial before a Workers Compensation Administrative Judge if you have the right lawyer. In most cases, all parties are interested in reaching an agreement before going to the Workers Compensation Appeals Board. Generally a work injury attorney with a highly respected reputation in the workers compensation field can get you the best settlement without the need for expensive trials and appeals.

An effective workers compensation attorney can help you navigate the maze of the system and bring you to a timely resolution. Workers compensation trials are much more time intensive than negotiated settlements; it can take years until a final Award is granted by the court after exhausting appeals. Therefore, settlement negotiations between the injured worker and the defendant are encouraged by the court. There are several pitfalls that need to be avoided when negotiating closure to a work injury case by your workers compensation attorney.

Unless you are a work injury attorney, insurance adjuster, or you are absolutely sure you are knowledgeable in the field of workers compensation representing yourself is a bad idea. Without the years of experience provided by your lawyer, you will not be able to maximize your recovery. In order to maximize your recovery and ensure that you do not waive any of your legal rights, it is advisable get a free consultation with a workers' injury attorney.

Choosing the wrong work injury lawyer can be disastrous to your case. Most people hire a lawyer with the biggest advertising billboard or the most awesome television commercial however it is extremely unlikely that lawyer will actually be the one representing you. It is best to hire a local respected work injury attorney, from a well-established work injury law firm, who specializes in on the job injuries.

When you are injured at work, request medical attention and report the incident. If it's other than first aid, document your injury or will be used against you later in your work injury case. When those who have suffered work injuries fail to get timely medical treatment, the compensation claims adjuster or the defense work comp lawyer will use this against you and argue that your work related injury was minimal.

Communicating with the insurance company is also a bad idea. They are not your friends. They are there to save money and pay you as little. The adjuster and defense attorney will be experienced in often times be injured worker will say things to the insurance adjuster that are used against them. Work injury victims should allow their lawyer to handle all communications and be present at all times to represent you when negotiating with the defense. Oftentimes the insurance claims adjuster may seem friendly and concerned about your on-the-job injuries, remember that you are dealing with a trained professional whose sole purpose is to protect the employer and the insurance company.

Avoiding these pitfalls has a simple solution. Hire an experienced, local and reputable lawyer to guide you through the process.

Essentials That You Must Understand About Labor Law Posters

If you work in a company or an organization, it is most likely that you have seen some kind of labor law posters in the break rooms or bathrooms etc. If you have ever paid attention, these posters usually have a specific size and are quite readable. Generally, employees tend to ignore what is written on them and sometimes they even don't understand why almost all kinds of businesses have to show it in their working areas. However, it is good to understand the rules and regulations that govern the workplace where you work and what kind of rights you have as an employee. Let's talk about some important points of a labor law poster and what kind of information it presents.

Who needs to have labor law posters?

All types of businesses need to have various kinds of labor law posters but some of them are excluded from this mandate. The following businesses don't need to have these posters:

1. If the business does not have any employee.

2. If the business has only contract employees or volunteers.

3. If the business is owned by family.

Apart from these, all other businesses need to have employee regulation posters displayed at various places within the workplace.

What posters are necessary to display?

The requirement set by State and Federal labor law may vary depending upon the type of industry, number of employees you have in your company, and type of business. However, according to the Federal Fair Labor Standards Act (FLSA), if you have at least 1 employee, you must display these 6 posters:

1. Minimum Wage compliance poster

2. Occupational Safety and Health Act (OSHA) poster

3. Equal Employment Opportunity (EEO) poster

4. Family Medical Leave Act (FMLA) poster

5. Employee Polygraph Protection Act (EPPA) notice

6. Uniformed Services Employment and Reemployment Rights Act (USERRA) notice/posterAre there any updates/changes in these posters?

Obviously, there are various types of changes and updates that are suggested by the State and Federal agencies. The businesses are required to display these changes whenever the updates happen. To make things easier for you, it is better to subscribe to a labor law poster service. This service will ensure that you stay updated about the changes and they will send you updated posters that you can display in your workplace.

Do I need bilingual posters?

Depending upon the type of workforce that you employ, it is advisable to contact the labor agencies to obtain labor law literature in the required language. Usually, businesses have to display bilingual or multilingual posters if your employees speak different languages. You should not abstain from contacting the labor agency and getting the required material in that particular language.

Bargaining Power in Labour Law and the Employment Contract

There are a range of ways of thinking about the role and purpose of labour law in our society. The first way of thinking is called the protective philosophy of labour law which is that the main object of labour labor law is to be a counterveiling force in society to counteract the inequality of bargaining power between employers and employees. This sentiment is attributed to the work of Ott Kahn-Freund who was a German jurispudential philosopher. The perceived power imbalance derives from the perpetual pattern observed in economics of the power imbalance between those willing to purchase labour and those seeking to sell it. It is generally considered to be much easier for an employer to replace their employees than for an employee to find a new job.

There are presurres on workers from the need for geographical mobility and the desire to maintain their existing pesonal and familial ties which means that many workers cannot easily meet the demands of workers. It is only perhaps only when an employer is a highly skilled and sought after professional when the equality of bargaining power is swung in favour of the employee, but this only occurs in a small minority of situations. It is this inequality of bargaining power which gives the context for what is called the protective view of the purpose of labour law. Labour law theorists in this regard generally believe that the state must enact laws to prevent some of the harshness which necessarily results from the inequality of bargaining power between employers and workers.

In the United States, there is an observable system of 'collective bargaining' which is where the state permits workers to become organised into unions through the freedom of assembly in the Constitution. However, the percentage of the private sector workforce which is actually subject to these laws is only minor to the point of being irrelevant. Furthermore, the American system there is not yet the widespread recognition of the concept of the right to 'decent work' which is a concept elucidated by the International Labour organisation that means that employees have a right to work which generates a sufficient income in conjunction with adequate social protection.

Since the 1970s a different movement in the schools of thought in relation to labour law has emerged which emphasises the libertarian approach to labour law. It is based on the assumption that the best social results are achieved through the reliance on private decision making and the operation of market forces of supply and demand. Sometimes governments have introduced policies based on this political philosophy with the excuse that the living standards of the relevant workforce have become 'unaffordable'. Whatever the view of the political philosophy of labour law that is concerned, the bargaining relationship that occurs in relation to the job market necessitates that a written contract outlining the rights and obligations of the parties is created.

Modern Concepts of Labour Law and the Employment Contract

In the past, the common law appeared to value the need for an employee to be loyal and obedient and there was no responsibility on the part of the employer to ensure that the worker had access to economic welfare and job security. However, it appears that the common law also imported the notion of an implied obligation of mutual trust and confidence between employers and employees and that this pattern is evidenct in the jurisprudence of courts in the United States. It is argued by many legal scholars that the pattern of employment law as it is dealt with by the common law tends to favour employers in that labour unions are regulated with an assumption of distrust and that the law tends to adopt the values of conservative political participants such as journalists, politicians and senior bureacrats.

It is often referred to as the unitary view of labour relations which is contrasted with some of the other views such as the pluralist approach which recognises that management and labour may and do have different and competing interests because employers are ultimately concerned to make profit whereas employees are most focused on having the best possible working conditions, a healthly and safe work environment and occupational security. The pluralist view is sometimes extended to what is termed the radical view of labour relations which is associated with Marxist economic theory and posits that capitalism is endemically prone to industrial conflict owning to the exploitative nature of economic relationships in a captialist system. However, many scholars seem to accept that both the radical and libertartian view of labour relations are too extreme to accurately reflect reality.

In the modern super flexible economy where persons can and do change careers quickly and regularly, there are few workplaces with standard hours of work and there are increasing numbers of people engaged in work from home via the phenomenon of teleworking, the old concepts of labour law are beginning to become outdated. In previous times the concept of labour law was that a person would do work for an employer in a single location, in a single occupation for a single employer. Now workers tend to work a range of employers at once, often on a part time or casual basis. Also, there are now a large number of people who view themselves as self-employed. These trends are explained by the preceived desire of workers to claim flexibility in their working arrangements. It also means that greater efficiency can be gained from the power of technology to allow teleworking. However, despite all of these changes, there has not been a repudiation of the need for there to be a written employment contract between an employer and employee.

Employment Standards Act 101

The Canadian labour force is bound by some of the strictest laws in the world. The right to fair wages, equal treatment and safe practises are just some of the rights that Canadian workers are entitled to in this country. Each province has its own set of rules that protect its workers.

In Ontario, these rights are set out in writing in a piece of legislation known as the Employment Standards Act (ESA).

The purpose of the ESA is to set out the various rights of employees and outline the rules that employers must follow in Ontario workplaces. Most employees/employers fall under the ESA. However, federally-regulated jobs (such as those at banks, post offices, radio/TV) operate under federal labour standards. Yet, interns, inmates and police officers are protected under a different set of labour laws instead.

The ESA covers a wide range of employment standards. These areas include: minimum requirements for workplaces, assistance of employees with family obligations, and increased flexibility in work arrangements.

Some specific subjects under the ESA include: hours of work, meal breaks, family medical leave and equal pay for equal work.

Below are the top 5 areas covered and the provisions that apply to each...

1. Payment of wages

All employers must establish a regular pay period/payday for their employees.Other than vacation pay that is accruing, an employer must pay all of the wages earned in each pay period no later than the employee's regular payday.

These wages can be paid to the employee in cash, cheque or direct deposit into the employee's account at a bank or financial institution.

2. Minimum wage

A minimum wage is the absolute lowest wage an employer can pay to an employee for work performed. In Ontario, the General minimum wage is $10.25/hour. The Student minimum wage is $9.60/hour. Meanwhile, a Liquor Server's minimum wage is $8.90/hour.

3. Hours of work

Eight hours/day is the maximum number of hours most employees can be required to work. Meanwhile, the maximum number of hours an employee can be required to work is 48 hours/per week.

According to the ESA, the only way the daily and weekly maximums can be exceeded is by written agreement and approval by the Director of Employment Standards as mentioned by immigration service.

4. Vacation

Employees are entitled to two weeks of vacation time after each 12-month vacation entitlement year. According to the Ontario Ministry of Labour, a vacation entitlement year is a recurring 12-month period beginning on the employee's date of hire.

Vacation pay must be at least four per cent of the "gross" wages (excluding any vacation pay) earned in the 12-month vacation entitlement year.

5. Public holidays

Ontario currently has nine public holidays. They are: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day.

Most employees are entitled to take these days off work and be paid public holiday pay. Or, they can agree in writing to work on the holiday and they will be compensated as follows:i) public holiday pay plus premium pay for the hours worked on the public holiday, orii) their regular rate for hours worked on the holiday, plus they will receive another day off (called a "substitute" holiday) with public holiday pay.

Familiarizing yourself with the ESA will not only secure your knowledge about provincial labour laws, but it will also protect you from unjust labour violations in your workplace.

Many California Employees Are Misclassified Under the Executive Exemption

Executive Exemption

According to the Division of Labor Standards Enforcement Glossary, the Executive Exemption covers employees who work as managers and meet the following requirements:   

They must oversee the work of at least two employees at their workplace.   

They must have control over the hiring, promotion, and termination of these employees.    They must ordinarily and frequently operate using "discretion and independent judgment".   

For full-time employment, they must earn at least two times the current minimum wage on a monthly basis.

Ultimately, if an employee does not meet all of these requirements, they should be automatically classified as non-exempt and entitled to overtime pay and other related benefits.

National Retailers

In the United States, there are a lot of national retailers that have misclassified their employees under the Executive Exemption. Recently, one major retailer was accused of misclassifying their "Store Managers" as exempt employees.

These employees have claimed that they mostly complete rudimentary tasks on a day-to-day basis as Store Managers. Some of their non-executive and non-exempt tasks include working as cashiers, addressing customer service complaints, stocking inventory, and cleaning.

Even though these employees are currently considered exempt under the Executive Exemption, they claim that they do not meet all of the necessary requirements. For more information on the Executive Exemption requirements, visit http://www.dir.ca.gov/dlse/glossary.asp.

Why are managers often misclassified?

Even though the Executive Exemption pertains to managerial employees, that does not mean that all managers are automatically eligible under it. Managers are only eligible if their position meets all of the Executive Exemption requirements. Therefore, it is important to note that having the word "manager" in your job title does not determine your status of being either an exempt or a non-exempt employee. Your roles and responsibilities determine your status.

Ultimately, employers need to be extremely diligent when classifying their employees. If they are classifying employees under the Executive Exemption, it is critical for them to make sure that they are precisely following all of the criteria.

Misclassification Litigation

Unfortunately, multitudes of companies misclassify their employees both deliberately and undeliberately. As a general rule, the larger the company, the more likely it will contain misclassified employees. This explains why most misclassification cases are class action lawsuits.

As an employee, it is often your responsibility to ensure that you are receiving the pay that you deserve. If you are considered an exempt employee but do not meet all of the requirements, you should contact an employment lawyer to see if you have a case to obtain the necessary back pay.

Work Health and Safety Laws Update

In October 2007, the then Opposition Industrial Relations Spokesperson, Julia Gillard (now Prime Minister), announced that her future government would move towards a more harmonised approach to Work Health and Safety (WHS) and Workers Compensation legislation within Australia.

Under the Australian Constitution the Federal Government does not have powers to make workplace health and safety laws so too the approach of negotiating with the States and Territories to develop 'model' laws that could then be adopted in each jurisdiction to result in 'harmonised' laws across the country

.The Labor party was elected and by May 2008, as Industrial Relations Minister, Ms Gillard announced that a national review would be undertaken of all Work Health and Safety laws across the country. The resultant findings were published and public submissions were sort

.Hundreds of submissions were received and a great deal of debate occurred within the community, industry, by unions and across the jurisdictions of Australia.

Several jurisictions enacted their versions of the law with start dates of 1st January 2012. South Australian and Tasmanian recently moved toward an effective start date of 1st January 2013.

However, neither Victoria nor Wester Australia appear to be moving toward the new laws. Recently the Federal Minister for Employment and Workplace Relations, Bill Shorten, called upon the Victorian and Western Australian governments to introduce their new health and safety laws."Workers and employers in South Australia and Tasmania will join millions of other Australians already benefiting from harmonised WHS laws in other states and territories. This year marks the first time in history the majority of Australians will be covered by harmonised work health and safety arrangements," the Minister said.

The new Work Health and Safety Act and Regulation is intended to drive consistency and reduce red tape, particularly for businesses working across 2 or more jurisdictions. According to to the Ministor Shorten, the increased productivity is worth up to $2 billion a year over the next 10 years.The result, for now, is that business has a variety of obligations across Australia. However, for the first time, all jurisdictions are discussing Work Health and Safety across borders. The national government is engaged and the future looks like a harmonised approach.

It is vital that businesses act now to determine what their current and future legal obligations are. Those operating across jurisdictions may have varied start date. The new laws bring a different approach, additional obligations and higher penalties than have existed before. Boards, business owners, senior managers have a legal obligation to carry out WHS Compliance Checks to ensure they are keeping their workers safe.

What You Need to Know About Labor Laws

If you are a business owner at present or if you are planning on becoming one, then you need to know much about labor laws. These are the laws that concern the rights of the employees and about the state of their relationship to their employers. Ignorance about these laws is not an excuse, should you commit a violation.

It is important that you should know about these legal matters so you should be aware of what you can and what you cannot do. Here are some of the important things that you should be aware of:

It Varies from State to State- You should keep in mind that laws dealing with employee and employer relations are different from each state. When a state sets a higher minimum wage than the Federal minimum wage, the higher wage takes effect. So you should know about the laws in your area as well.

Overtime Payment- One of the most common source of problems when it comes to labor relations is the matter of overtime. By definition, overtime pay is any work rendered over what has been legally set as minimum by the law. Federal law requires that employees pay their workers 1.5 times more than the normal rate for anything over 40 hours per week.Lunch and Coffee Breaks- This is another issue where a lot of people are having trouble with. You might be surprised to learn that employers are not obliged to provide their workers with any lunch breaks or coffee breaks. You can provide them with lunch breaks, but you will not be obliged to pay for that time.

The State Requirements- Things might be different though on the state level. Your state law might require employers to provide 30 minute meal breaks and that would have to be mandatory. That's why you should know all about state laws.

Minimum Wage- There are some exceptions, but the government has set a minimum wage for all employees in the United States. Exceptions would include those workers who are able to receive tips from the performance of their duties such as waiters and bellboys. As mentioned earlier the state might set a higher minimum wage and that would take effect.

Discrimination- You should never encourage discrimination in the workplace. Discrimination based on gender, sexual preference, religious belief, and disability have no place in the work place and as an employer you should do everything to make sure that it is not encouraged amongst your employees. That can lead to trouble for you.

These are just some of the basic things that you ought to know about laws concerning labor and employer relations. If you are planning on setting up a business then you should know all about this and many more so that you do not violate the rights of your employees

.There are so many cases where the employer makes a move that is illegal, thinking that he is well within his rights. Committing that kind of mistake can be very costly for you in the end. So you should never forget what you have learned here.

Have you ever worked overtime hours and not gotten paid? Did you know that you can recover overtime pay even if you were a salaried employee or a manager / supervisor?

Even if you did not have to keep records of the hours you worked, you still have the right to receive compensation when you work overtime. The Fair Law Firm can help you to determine whether or not you are eligible to bring a claim against your employer.

Reasons for Problems With Employees

Employees have needs and expectations about their workplace and their employment. If some of these things are not met then they are liable to cause some problems. That is never a good thing for the workplace. In order to help both employers and employees, here are some of the more common reasons for employee problems today:

Boredom- There could be a lot of reasons why an employee could become bored with their work. It could be that their task is too simple and repetitive. It is also possible that the workplace seems uninteresting and plain to them.Whatever the reason is behind this boredom, it is important that you should know all about it because it can drive an employee to become dissatisfied with the work. That can cause more serious concerns later on.

Lack of Rewards- If employees do not see the chance of getting enough rewards then they might lose the motivation to work properly. Sometimes even if there are rewards that are offered, but if they are not enticing then that can cause problems in the long run.All employees should be given an equal chance when it comes to getting rewards. It should also be high enough for them to become motivated to perform better.

Lack of or Inadequate Training- Sometimes an employee might be hired without his ability to perform the task for which he has been hired being properly assessed. When this happens he would be unable to deal with the work and the task that is expected of him. The worker might be ashamed or afraid to admit that he does not know how to do some things.

The good news is that this can be easily remedied with proper training and enough coaching. The important part of the process here is for the employee to understand that it is okay for him to admit ignorance about some parts of the job. That it would be better to say that he does not know how to do something than to pretend and cause problems later on.

Lack of Resources- The resources that we are referring to here are the supplies, equipment, and materials needed by a company or a business to function. When those materials are lacking a worker might have a hard time accomplishing his tasks and so he might become dissatisfied.

An employer should see to it that all the materials and supplies that will be needed by his employees are there and available in adequate supply. Failure to do so could lead to more serious problems with his employees.

Personal Problems- We always hear how employees should not bring their personal problems to the workplace, but we all know how impossible that is. The performance of employees would always be affected no matter what and we should bear that in mind.

These are just some of the reasons why an employee might become dissatisfied with his workplace. You should do everything that you can so that these things will not happen to your business or your company or that might affect its performance in the long run.

Have you ever worked overtime hours and not gotten paid? Did you know that you can recover overtime pay even if you were a salaried employee or a manager / supervisor?

Even if you did not have to keep records of the hours you worked, you still have the right to receive compensation when you work overtime. The Fair Law Firm can help you to determine whether or not you are eligible to bring a claim against your employer.

Basic Information on Indian Labour Law

Labour rights are integral part of socio-economic development of every country across the world. To protect these rights, every nation has passed certain laws addressing the restrictions and legal benefits of the labours and their organisations. These laws are commonly referred as Labour Laws.

In simple words, labour law is a legal structure or an administrative ruling that deals with the rights and restrictions imposed on the labours and their organisations by the government. Generally, it covers the demands of the employees to have better working conditions, the right to form trade union or to work independently without joining the union and other safety rights. Similarly, it also covers demands of the employers to keep control over - the use of power by the worker's organisations, the costs of labour, costly health and safety requirements of the workers, etc.

Indian Labour Law:

Like other nations, the labour law in India also covers the same fundamental labour rights that are required to maintain harmonious relationship between the employees, employers and the trade unions. However, there are certain amendments made in the laws depending on the culture, society and constitution of India.

All the commercial establishments in the country are required to implement the Central and State Government labour law enactments to be recognised as legally authorised organisations. Some of the essential Central Government enactments are as follow:

• The Employees' Provident Fund Act, 1952

• The Employees' State Insurance Act, 1948

• The Minimum Wages Act, 1948

• The Contract Labour (Regulation and Abolition) Act 1970

• The Payment of Bonus Act, 1965

• The Maternity Benefit Act, 1961

• The Payment of Wages Act, 1936

• The Equal Remuneration Act, 1976

The companies have to adhere to the above enactments and other allied laws for the smooth functioning of their business. Any company that doesn't follow the rules listed in these enactments is subject to punishment by the government of India. It is to be noted that the organisations with large operations across the nation find it difficult to keep account of every enactment. So, they may forget to follow one or sometimes many rules of the given enactments.Therefore, the organisations are recommended to hire a labour law consultant or outsource their legal work related to the rights of workers to a consultancy. These consultancies offer comprehensive services, which normally include -

• Activities related to registration and licensing necessary under the labour laws,

• Calculating periodical liability

,• Maintaining records and statutory registers,

• Documenting and submitting periodical statutory reports,

• Attending periodical statutory inspections and

• Other allied services.In short, Indian Labour Law has all the necessary provisions to maintain healthy relationship between the working people and their organisations provided both the parties strictly adhere to these legal provisions.

What You Should Know About Work Related Problems

It is important that we do well in our work, but it is also important that we maintain all the other aspects of our lives. We cannot just focus on our work and neglect the other things that are just as vital to us.

Other things that we have to be on the lookout for are the different issues that we might encounter at the work place. We should know about these issues, so we would be aware of how to deal with it in case it happens to us. Here are some of the major issues that you ought to know about:

· Benefits- This is one of the biggest areas of concern for both employees and employer. The employees would want to get as much benefits as possible and the employers know the value of a good benefits package in improving employment retentions. The problem starts when the package falls short of what has been promised to the employees.

· Pay Raise- Large companies usually have systems in place in order to determine the right order to be followed for pay raises. It is the smaller companies that might have a hard time in following this. It becomes a major issue as employees become more tenured.

· Pay Equity- Employers should make sure that they have a system to be followed when it comes to pay equity. Unequal pay among employees, especially those in the same position can be a major concern and a cause of problems.

· H.R. Dept. - Some employees are not satisfied with the way that their company's HR department is handling their concerns. They expect it to be capable of helping them out and explain things that they don't understand about their status as employees and other things related to that.

· Micromanagement- A lot of business owners are still following this type of management even after it's been proven that it's really not productive at all. The employees should be given the sense that they actually have some form of freedom and that their every move is not being watched.

· Lack of Communication- While employees should be given some freedom when it comes to the actions that they can do, they should also have the feeling that they can talk to their bosses anytime that they want. Communication is very important in business to make sure that everyone knows what is going on.

· Workplace Condition- Since people started working for large companies, workplace condition has always been a major work related issue. How safe and clean is it? If there are obvious dangers in place then people might have some reason to be worried about their condition.

· Salary and Compensation- This is probably the biggest concern of employees. They are not working for fun after all, they're in it for the money and salary delays could be the biggest source of problem.

These are just some of the issues that an employee might be concerned about. You should look into these and know how you can deal with them, in case you encounter problems with it."Have you ever worked overtime hours and not gotten paid? Did you know that you can recover overtime pay even if you were a salaried employee or a manager / supervisor?

Even if you did not have to keep records of the hours you worked, you still have the right to receive compensation when you work overtime. The Fair Law Firm can help you to determine whether or not you are eligible to bring a claim against your employer.

Top 5 Questions For Those Injured On The Job

California injured workers face an uphill battle in their workers compensation cases ever since the work comp reforms of 2004 and 2012. Without a workers compensation attorney, the deck is stacked against the injured worker. There are many questions facing an injured worker, however I will narrow them down to five for this work comp article. These are the questions which generally come up in the early stages of a workers comp case.

How will I pay my bills while I'm on work comp? If you've been injured at work and are temporarily unable to return to work because of your workers compensation injury, you may be entitled to workers compensation benefits. If your work injury case is accepted by the insurance company, you will receive temporary disability benefits. Workers comp temporary disability benefits range from a minimum of $206.17 to $1010.30 as of 2012. Work comp temporary disability is not related based on two thirds of your average weekly wage. If your claim is denied or on delay, your workers compensation attorney can help you collect state disability insurance while your workers comp claim is being litigated. All California workers pay into the state disability system unless you have a private short-term or long-term disability policy.

The employers work comp doctor says nothing is wrong with me, what do I do? Early in most workers comp cases the injured worker will see an industrial medical doctor. Most of these doctors work for the employer and insurance company directly. In order to get repeat work comp business, they must do their bidding. Think about it, they only have to deal with the injured worker once but have to deal with the insurance company forever. A work injury lawyer can assess the opinion of that first doctor and how it relates to your workers compensation injury. If you are not receiving the upper level of work comp care, a knowledgeable workers compensation attorney can direct you to a work injury doctor who will properly assess your workers compensation injury. Most work comp insurance companies have medical provider networks which are complicated to navigate. An experienced personal injury attorney can help you through this.

I received a list of three doctors in the mail from the state, what do I do? If you do not have a workers comp attorney you will be required to use a doctor from a state panel. Unless you have years of regional workers compknowledge this is a dangerous prospect for you as the lists are full of defense oriented workers compensation physicians. If the insurance company objects to the findings of your work injury physician or you ask for a panel of doctors, immediately seek the advice of a work injury attorney before you pick a doctor on that list. Once you have seen a doctor on that list and you do not have an attorney, you're stuck with that doctor's opinion. Before you see a doctor on that list, seek the advice of an experienced local work comp attorney first.The workers compensation insurance company says I have a work comp injury but I get no disability money? Often times the insurance company's doctor will find that you have an injury that gives you little or no disability. A workers compensation lawyer can help you obtain a second opinion within the workers compensation insurance company medical provider network as you are entitled to three opinions within that network. A work injury attorney can also help you obtain an opinion to and including medical examiner for a state panel qualified medical evaluator.

I have a work comp injury but received a denial letter from the workers compensation insurance company, what do I do? If your claim is denied, the insurance company will not be paying you any work comp benefits unless the situation changes. You can litigate your work comp case yourself, but I would advise against it unless you happen to be a workers compadjuster or have similar years of knowledge. If your claim is denied, it is considered essentially worthless by the insurance company. So by hiring an experienced local workers comp attorney or personal injury attorney you have nowhere to go but up. A work injury lawyer can obtain medical evidence you are going to need in court to find that denial or negotiate a fair settlement.

Occupational Health and Safety - Where It Can Take You

From January 1 2012, the Australian Government implemented brand new OH&S regulations with the aim to harmonise the legal requirements throughout the nation. Currently, Queensland, New South Wales and the Australian Capital Territory are operating under the new 'Occupational Health and Safety' system.

The former lack of standardisation proved to be problematic and the current consistency now allows employers to gain a thorough understanding of their legal obligations through safety training, better ensuring employees' rights are paramount. Employers also better understand their rights and expectations.

In response to the new laws, the Australian Council of Trade Unions has created their national "Speak Up" campaign. The campaign is designed to empower employees to know their rights and have confidence to voice OH&S matters with the main focus being to reduce death, injury and illness at work.

The campaign provides all workers should:   

Have the option to deny an unsafe work task   

Know all safety hazards involved in their job role   

Be granted access to a qualified safety-officer to represent any occupational health and safety issue   

Overall have an acceptable working environment

To ensure these requirements are met, safety officers must comply with legislation, know how to identify hazards and assess and control occupational health and safety risks. As OH&S training is one of the most important facets of businesses today, these laws will affect a large variety of industries across the nation.

The new harmonisation of occupational health and safety laws brought in on 1 January 2012 bring significant changes workplaces need to be aware of.   

Though the model is labelled a 'Framework' each state will govern under separate legislation mimicking that framework   

Individual fines are up to $600,000 or 5 years imprisonment   

Company officers have due diligence requirements   

Company officers have a positive to prevent risk to safety   

Volunteers are now immune   

Fines increase to 3 million for corporate offences   

Obligations are placed on persons conducting business rather than the employers (small businesses and organisations are included)   

The Act makes clearer obligations towards the duties of contractors, referring to workers rather than employees   

All clients and visitors to workplaces have duties   

Consultation is required between all workers rather than employees

Things to Know About Labor and Wages

A wage/overtime attorney can help you if you have disputes concerning your pay and your overtime. Before you refer your case to these lawyers, however, you have got to know the basics about the laws covering labor and wage pay. You need to know that so you can decide for yourself if you have a strong case or not.

If you remain ignorant about these matters then you might not know when your rights are being violated and you might just go on working under the same conditions when you do not have to. Knowledge can empower you in this case. When you know that you are right and that you have been taken advantage of, then you can fight with the help of the right wage/overtime attorney to back you up.

Fair Labour Standards Act

- Employees are given protection and guarantees with the Fair Labor Standards Act or FLSA, which is the law concerning the wages, overtime pay and working hours of an employee. Under this law an employee should be paid for overtime once he works for more than 40 hours per week. This law is applicable to most employees. If you are one of the following then this law covers you:

- You are an hourly employee.

- You are an employee whose pay is based on commission or bonuses.

- You are receiving a regular salary.

Those categories would cover most -- if not all -- workers.

The Minimum Wage

- An employee is guaranteed that he would be paid no less than the minimum wage. That minimum wage has been determined by the government as the least amount that a person must have (in an hourly wage) in order to live a 'normal' life. There are certain cases where the minimum wage would not apply and these are:

- When an employee is still in training. The government is allowed to pay him something lower than the minimum, provided that they meet criteria.

- Employees who receive tips from the customers and clients are allowed to be paid less than the minimum as long as their tips would likely reach a certain amount.

Overtime- Overtime is paid when a worker works for more than forty hours each week. The rate for overtime pay is 1.5 times higher than that of regular pay. It is computed for each hour over the regular 40 hours a day. There are certain types of employees who are not required to be paid overtime if their salary already includes some form of compensation in exchange for it. These employees include doctors and executives who have irregular hours. Government employees, such as fire-fighters and police officers, also have other rules for overtime pay

Getting an Attorney- In cases where your employer has failed to pay you overtime you will need an attorney to help you out. They will be the one to tell you if you have a case under the Fair Labor Standards Act. There are many lawyers who specialize in this field of law. You can even conduct a search for wage/overtime attorney online.

Children and Women Labor Law

Recently I visited a packaging factory which was owned by one of my friend's father. They manufacture corrugated boxes (carton) with labor intensive processes. The formation of corrugated box includes many processes starting from the loading of huge paper reels on the corrugation machine, cutting and creasing, pasting, slotting, printing and ending with the stitching and bundling of the carton.

When I went to the manufacturing area of that company I was not surprised watching old women stitching and bundling the carton whereas small children transporting the corrugated boxes to the ware house and cleaning the waste of manufacturing area. When I asked the reason for hiring old women and such children for these tasks the owner of that company told me that due to the intense competition and increasing oil/gas and electricity prices it's very difficult to survive so to reduce their manufacturing cost they have to opt for such options.

If we talk regarding what Pakistani government has laid rules for the right of the labor in Pakistan we will come across different labor laws such as article 11 which states that child labor is prohibited and article 37(e) states that women should not be employed for the job which is not in accordance to their sex and age.

When I asked the owner of that company that is he not afraid if government comes to know that he is violating the labor law. He replied while smiling, afraid no way. Such activities are so common in Pakistan no one even give heed about this, everyone is just busy in earning in one way and another. Such statement from the owner tells us that the agencies which are protecting the labor laws in Pakistan are very inefficient and corrupt. If someone is caught, they very easily escape by bribing the officers.

Such exploitation of labor especially little children is not in favor of the country as they are the merely future of that nation. If they will be brought into the labor work from their childhood then who will go to schools and become future doctors, engineers and entrepreneur. Governments need to look after such activities and ensure that the department which has been kept responsible to ensure no such activities occur is working efficiently and effectively. Child labor results in the wastage of natural talent as these children if given opportunity to study can excel in different fields instead of just picking the garbage and doing donkey work.