Miscellaneous

How often are employers charged with violating federal law?

How often are employers charged with violating federal law?

Employers were charged with violating federal law in 41.5% of all NLRB-supervised union elections in 2016 and 2017, with at least one ULP charge filed in each case. Firings. Under the most conservative measures, employers were charged with illegally firing workers in one-fifth (19.9%) of all elections.

Can a person be fired for no reason?

Most workers in the United States are employed at will, which means that their employers can fire them for any reason, or no reason at all, provided that the reason isn’t discriminatory. (More on that in a minute.) 1 

How to file a complaint about employment standards?

Information on employment standards complaints including how to file a complaint, employer’s responsibilities and summaries of all employment standard enforcement outcomes from the current year and archives of previous years. Learn about your responsibilities as an employer under The Foreign Worker Recruitment and Immigration Services Act (FWRISA).

Who is an employee employed in fire protection activities?

So long as the employee meets the criteria above, he or she is an employee “employed in fire protection activities” as defined in section 3 (y) of the FLSA.

When to fire an employee for performance problems?

No matter how well you’ve communicated about performance problems with the employee, almost no one believes that they will actually get fired. This is often not without cause as the average employer waits too long to fire a non-performing employee much of the time.

What should you not do when firing an employee?

Because you are kind, caring, and tend to give employees another chance. But, these are the top 10 things you do not want to do when you do decide to fire an employee. How you fire an employee is incredibly important. Do not fire an employee using any electronic method —no emails, IMs, voicemails, or phone calls.

Employers were charged with violating federal law in 41.5% of all NLRB-supervised union elections in 2016 and 2017, with at least one ULP charge filed in each case. Firings. Under the most conservative measures, employers were charged with illegally firing workers in one-fifth (19.9%) of all elections.

Can a employer threaten to discharge or coerce an employee?

“No employer shall discharge, threaten to discharge, intimidate or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the workers’ compensation law.” Have you seen younger workers treated differently when it comes to disciplinary actions?

Can a rule requiring English on the job violate Title VII?

A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

When do employers need to follow their own policies?

When an employer does not follow their own policy regarding the ways in which an employee in a protected category is treated, this can raise the inference of discrimination. Companies can minimize liability by having anti-harassment policies.

What happens if an employer fails to follow a termination policy?

Another possible claim an employee may bring if an employer fails to follow discipline or termination policies is a breach of contract claim. State laws vary in evaluating whether a handbook is a contract.

What are some workplace laws your employer may be violating?

1 Using prohibited questions on job applications. 2 Insisting you can’t discuss your salary with your co-workers. 3 Failing to pay you overtime. 4 Promising jobs to unpaid interns. 5 Asking or allowing you to work off the clock. 6 Classifying you as an independent contractor, but treating you like an employee.

What is DOL’s policy on safe working environment?

DOL maintains a clear policy to promote a safe working environment for employees and the visiting public as well as to work with employees to maintain a working environment free from violence, harassment, intimidation and other disruptive behavior.

Another possible claim an employee may bring if an employer fails to follow discipline or termination policies is a breach of contract claim. State laws vary in evaluating whether a handbook is a contract.

Why are policies not included in employee handbook?

Not Including All Policies in the Handbook. Employers often draft new policies as laws change and new situations arise in the workplace. If those new policies are important enough to put in writing, they need to be included in the employee handbook.