Employment Law
| Scope of the National Labor Relations Act |
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| Congress passed the National Labor Relations Act in 1935 to regulate transactions between labor unions or organizations and private employers. Enforcement of the Act rests with the National Labor Relations Board, its General Counsel, and its regional offices. The major duties of the Board are to investigate allegations of unfair labor practices and to ensure that they are stopped. The Board is also tasked with overseeing and certifying elections through which employees decide whether they will be represented by a union and, if so, which union will represent them. More... |
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| Arbitration - Costs |
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| One of the most common reasons a labor union and an employer turn to arbitration as a means of dispute resolution is that it is a less expensive alternative to a trial (or a strike). Based on the format of the arbitration and the use of attorneys, this is generally true. There is great variance on the actual costs of arbitration, however, and it is a good idea to understand how those costs are determined. More... |
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| Pay Requirements for Tipped Employees |
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| The Fair Labor Standards Act (FLSA) is a federal law that requires most employers to pay a minimum wage and premium overtime pay to non-exempt employees. In addition to the FLSA, many state laws also regulate wages. Federal and state laws distinguish between regular employees and employees who regularly receive tips to supplement their income. Under these laws, employers are generally not required to directly pay tipped employees the standard minimum wage. More... |
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| Arbitration -- Labor Agreements -- General Evidentiary Issues |
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| Arbitration vs. Litigation More... |
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| Vicarious Liability for Torts of Employees |
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| Normally, tort law requires the party causing the injury to compensate the injured party with money. Through vicarious liability, however, a party other than the one actually causing the injury is held financially responsible for the harm. Several policy arguments exist for the imposition of vicarious liability on seemingly innocent parties. More... |
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