Matters relating to the employment relationship, including employee status, hiring and firing, discrimination in employment, the law of pensions and benefits, workers compensation.

  • Employment Relations
    The law generally looks at employment as a matter of contract. Thus, in many questions of employment law, the first question is whether the relationship involves employment or some different kind of contractual relationship, such as independent contractor.


  • Discrimination in Employment
    Federal law prohibits employment discrimination because of race, color, national origin, legal alienage, sex, pregnancy, religion, age, disability and union activity. Most state laws protect workers on the same grounds as federal law. Some state and local laws also protect workers against discrimination for some added reasons such as marital status, sexual orientation or preference.


  • Americans with Disabilities Act
    The Americans with Disabilities Act of 1990 (ADA) provides that private employers who: have at least 15 employees; or are state and local governmental employers; or are employment agencies; or are unions; may not discriminate in employment against qualified individuals with disabilities. The ADA also protects individuals with disabilities from discrimination in public services and accommodations.

  • Employment Discrimination
    Title VII of the Civil Rights Act of 1964 protects against discrimination in employment because of race and 42 U.S.C., section 1981 prohibits race discrimination in contracts, including employment contracts. While the term ‘race’ is not defined, the law prohibits all race discrimination. Thus, a white, just as a member of a racial minority group, is protected against employment discrimination.


  • Family Medical Leave Act
    The federal Family and Medical Leave Act (FMLA) entitles an eligible employee up to 12 weeks of unpaid leave of absence within any 12 month period for three reasons: 1) The birth or adoption of a child with the leave taken within the first 12 months the child is with the family; 2) A serious health condition of the employee that prevents them from performing their job; 3) The serious health condition of a spouse, child or parent requiring the employee's care. Both men and women employees are entitled to parenting leave.


  • Harassment
    Sexual harassment on the job violates Title VII of Civil Rights Act of 1964 where the harassment is because of sex. Even if the harasser is the same sex as the victim, harassment violates Title VII as long as the harassment can be shown to be because of sex.


  • Pensions and Benefits
    The law does not require employers to provide employees with pensions or other fringe benefits, such as health insurance, but federal law does give tax breaks to employers that do provide such benefits if the plans are "qualified" plans. The federal Employee Income Security Act (ERISA) regulates the pension and fringe benefit plans that employers provide their employees.

  • Workers Compensation
    A combination of federal and state laws protect workers from injuries suffered on the job. The federal Occupational Safety and Health Act (OSHA) requires employers to comply with specific health and safety standards promulgated by the federal Occupational Safety and Health Administration as well as a general duty to maintain a workplace free from recognized hazards to workers. Workers can file complaints with OSHA and are protected from retaliation by their employers if they do file charges or assist in the investigation by the government, but workers cannot themselves bring court actions to enforce the OSHA law.


  • Wrongful Termination
    When an employee is discharged, the first question is whether the employee is protected by a job security system, such as civil service, a collective bargaining agreement, academic tenure, or other promise of job security made by the employer. If the employee has job security, the employer must have good cause for discharge.

Megs Group
email:law@megsgroup.com
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