(Internet Resources on Employment Compliance for California’s Small Businesses)
California’s labor laws have given it a reputation as a “non business friendly” state that makes life difficult for employers. In my consulting practice we have audited many California small businesses and found most of them to be seriously non-compliant with many state employment standards and regulations.
A business owner could face serious fines or disruption if a government agency finds his or her company in violation of California’s labor code regulations, which are extensive. Disgruntled ex-employees can find “trolling” lawyers who will pay them a fee for insider information that leads to their filing suit against you for even minor infractions. The plaintiff bar attorneys have prospered from this state’s confusion of rules and regulations and have targeted numerous small and medium sized businesses with employment related litigation.
If you are a small California business employer, it is in your best interests to take the steps necessary to ensure you are compliant with the state’s labor laws. The links in this article can assist the small employer in taking the steps he or she needs, using free or inexpensive resources available on the Internet, to avoid labor law compliance problems. The guidelines outlined here are intended for use by employers with under 50 employees. For those firms with over 50 employees, this advice is still valid but there are other major legal requirements that the larger employer must consider to be fully compliant with the labor codes, such as state and federal leave laws and sexual harassment training for your managers. For the smaller business, here are the primary five areas on which you will need to focus.
#1 Update your Employment Law Posters!
The California Department of Labor and the federal government require employers to post information related to wages, hours and working conditions in an area frequented by employees where it may be easily read during the workday. The number of posters required is determined by the size and nature of your business but could total up to 10 or more. You can obtain the requisite California and federal posters through these websites: http://www.dir.ca.gov/WP.asp .and http://www.dol.gov/osbp/sbrefa/poster/matrix.htm. If display space is an issue, you may want to consider purchasing an approved “combination” poster which condenses and combines all the necessary posters. You can find these online at http://allinoneposters.com or http://www.ihrsource.com or similar sites on the Internet.
Employers should study and make sure they understand the regulations on these posters to determine which regulations are applicable to their business so they can answer questions from employees.
#2 Be compliant with all Safety and Health regulations - In California, every employer has a legal requirement to provide and maintain a safe and healthy workplace for its employees, according to the California Occupational Safety and Health department standards. As of 1991, each employer must have in place a written, effective Injury and Illness Prevention Program (IIPP). This does not have to be a complex document but must encompass certain elements. You can get an outline from the state for developing a plan for your work site at http://www.dir.ca.gov/dosh/dosh_publications/iipp.html . In addition to developing a plan, there is a requirement that you train your workers on preventing workplace hazards (and document that training). Your IIPP plan must be updated every time you change your operations where the hazards involved also change. In addition, all employers with over 10 employees must also keep an accident and injury log (OSHA 300). You can download that form and instructions at http://www.dir.ca.gov/dosh/dosh_publications/RecKeepOverview.pdf .
#3 Pay close attention to how you pay your employees – In California, most state employment regulations “trump” federal regulations because state standards are usually stricter. Many small business owners make the mistake of paying all or many of their employees a straight salary in order to keep payroll a simple process. This is especially true in businesses which have an office environment. This can be a very perilous approach as you most probably will be in violation of overtime rules which have very stiff penalties. Study the CA Industry Wage Commission (IWC) orders for your industry at http://www.dir.ca.gov/IWC/WageOrderIndustries.htm to know the legal requirements for overtime wages, breaks and lunch periods for your workers.
A critical area many small businesses fail to recognize is the proper classification of employees, as they apply to mandatory overtime pay – exempt from overtime or not exempt. This can be a technical area which you may need some professional advice, but the general rule is that every employee should be paid hourly and paid overtime according to the IWC orders unless the proper testing is done to make a case for an exemption which usually only applies to top managers or certain professional employees. Some guidelines are available at http://www.management-advantage.com/products/overtime-exempt.html .
#4 Respect your Employees’ Privacy and secure personnel files – Today the law protects the privacy of employees with some pretty severe sanctions against employers who violate a person’s medical privacy or identity. Separate basic personnel information into two files – a personnel file (with payroll tax forms, or basic job information in it such as training documents, performance reviews and disciplinary or commendation notices) and a separate confidential file with medical, credit, benefits and personal family or dependent information. Supervisors or other interested management must be restricted in their access to the personnel file only. Only the person designated as the human resources record keeper is to be entrusted with the access to the confidential file. Make sure these files are always secured. Protect your employees’ personal information.
For a more thorough discussion on employer’s responsibilities on employee privacy download this article at http://www.hunton.com/files/tbl_s47Details%5CFileUpload265%5C1513%5CSotto_workplaceprivacy.pdf
#5 Don’t forget to properly verify your employees’ work status – The immigration authorities are under increasing pressure to enforce the laws, and experts agree that enforcement will increase in the coming years as the debate wears on regarding illegal immigration. There have been some well publicized raids all over the country. The I-9 employment form must be completed by every employer on every employee, even US citizens. These documents must be completed properly and kept up to date if certain documents are presented on an employee’s legal status to work in the US. Attached are two good primers and forms on the employer’s responsibilities in that area which can be found at http://www.ahmcp.com/articles/employer_records.html or http://www.twmlaw.com/resources/formI9.html .
As a further measure, you should also use the government’s free service to verify that the social security numbers being presented by applicants are valid, which will reduce the chances that you are hiring an illegal alien. Instructions for verification online are available at http://www.socialsecurity.gov/employer/ssnv.htm . This may become a requirement in the near future as the immigration service cracks down on employers. The government is now using tax filings with mismatched or invalid social security numbers to look for employer who knowingly hire workers who are in the US without proper labor authorization.
While this article is not inclusive of every labor code issue employers may face, it does cover the “hot” areas which will give you a running head start to being essentially compliant with California state and the federal laws. It might be a prudent investment for every business owner with more than five employees to have a human resource and payroll audit done periodically by an HR professional. This exercise can help you spot areas of vulnerability and non compliance so that you can address those issues before they become a major crisis and costly disruption of you business.
Copyright 2006 – Daniel Curtin, Curtin & Associates, (full rights for republishing granted if reproduced as is, with no editing of points 1 through 5)).
Daniel Curtin, SPHR is the Principal of Curtin & Associates, a Los Angeles based human resources consulting firm. An award winning professional, he has over 28 years of corporate and executive level experience in his field. He has been active and a leader in several local and national human resource organizations, both in Chicago, Illinois and the Los Angeles, CA area and has contributed to scholarly books, published several articles and has also been interviewed by print and television media on human resource topics. He holds an MBA and a MA in Organizational Management and is certified in his field. More information on Curtin & Associates is available at http://www.hrsolutions-socal.com
วันพุธ, กันยายน 17, 2008
No To Labor Law Violations
All major corporations in every country all over the world are the ones which are labor-intensive. Due to the large number of employees and workers in such establishments, labor issues are rampant. The sad fact is that, it is also where most labor law violations are intensified.
These corporations are so consumed with accumulating huge productions and high profit but fail to give necessary attention to the people who strive to attain such goals. Ironically, as corporations continue to become successful and profits skyrocket, they flagrantly forget to give due credit and recognition to their employees and workers who were the main force in achieving their success.
Instead of receiving more employment benefit packages as reward for attaining high quota, employees find that their legal rights as workers, basically stipulated in state and federal labor laws are being violated. Instead of a higher income, they find themselves confronted with a scheme that pinched their salaries and long standing benefits.
In order to take steps to correct such injustices, the employees themselves need to act on it. Instead of bearing with the unfair labor practices and labor law violations they encounter, they must fight back.
An example of employee’s united stand against violation of labor laws had glowing results. In a recent ruling by a Philadelphia jury, the mega – corporation Wal-Mart was declared to have committed gross violation of state labor laws. Wal – Mart was penalized heavily for this, amounts to $78.5 million. Furthermore, after the jury ruled that the Wal-Mart company acted in “bad faith” towards the case, the plaintiff’s attorney also sought for an additional $62 million.
The class-action suit involved almost 200,000 employees and “have-been” employees of Wal-Mart and Sam’s Club. They may stand to win up to $140.5 million.
It appears that Wal-Mart has a long list of labor law violations but the issues highlighted in the lawsuit were the avoidance of paying legally required overtime and the reduction or complete disregard of employee’s right to breaks or rest.
A lady – employee who was the lead plaintiff in the lawsuit related that she was assigned to work in any department for 8 – 12 hours every month in keeping with the pressures of Wal-Mart management but was unpaid for it.
The hard-won victory of Wal-Mart employees against the violations of its management is an admirable feat. It should be an inspiration for other employees of giant corporations that are assiduously avoiding workers’ rights.
The time has come for these corporations to take a beating for violating their employees’ rights and the state and federal government as well. They must know that employees are the pillars and life support of their companies and it is high time to give respect and recognition due for them.
For more information visit : http://www.mesrianilaw.com/
These corporations are so consumed with accumulating huge productions and high profit but fail to give necessary attention to the people who strive to attain such goals. Ironically, as corporations continue to become successful and profits skyrocket, they flagrantly forget to give due credit and recognition to their employees and workers who were the main force in achieving their success.
Instead of receiving more employment benefit packages as reward for attaining high quota, employees find that their legal rights as workers, basically stipulated in state and federal labor laws are being violated. Instead of a higher income, they find themselves confronted with a scheme that pinched their salaries and long standing benefits.
In order to take steps to correct such injustices, the employees themselves need to act on it. Instead of bearing with the unfair labor practices and labor law violations they encounter, they must fight back.
An example of employee’s united stand against violation of labor laws had glowing results. In a recent ruling by a Philadelphia jury, the mega – corporation Wal-Mart was declared to have committed gross violation of state labor laws. Wal – Mart was penalized heavily for this, amounts to $78.5 million. Furthermore, after the jury ruled that the Wal-Mart company acted in “bad faith” towards the case, the plaintiff’s attorney also sought for an additional $62 million.
The class-action suit involved almost 200,000 employees and “have-been” employees of Wal-Mart and Sam’s Club. They may stand to win up to $140.5 million.
It appears that Wal-Mart has a long list of labor law violations but the issues highlighted in the lawsuit were the avoidance of paying legally required overtime and the reduction or complete disregard of employee’s right to breaks or rest.
A lady – employee who was the lead plaintiff in the lawsuit related that she was assigned to work in any department for 8 – 12 hours every month in keeping with the pressures of Wal-Mart management but was unpaid for it.
The hard-won victory of Wal-Mart employees against the violations of its management is an admirable feat. It should be an inspiration for other employees of giant corporations that are assiduously avoiding workers’ rights.
The time has come for these corporations to take a beating for violating their employees’ rights and the state and federal government as well. They must know that employees are the pillars and life support of their companies and it is high time to give respect and recognition due for them.
For more information visit : http://www.mesrianilaw.com/
วันจันทร์, กันยายน 1, 2008
French Vs American Labor Law and Policy
U.S. Public Sector Labor Policy
The public sector comprises the largest section of organized labor in America and continues to grow. Educators, nurses, police officers, and government employees have become heavily unionized or involved in other professional organizations. Although most of the major pieces of labor legislation exclude public employees, they will be increasingly important to understand them as governments continue to outsource administrative, strategic, and other professional work.[1]
Employees who engage in collective bargaining use a variety tactics causing slowdown, shutdown, or sick-ins. While the private sector can absorb these tactics, the public sector cannot. Often, key employees such as police or firefighters will strike at critical times, putting the public at a severe detriment for their own greed. Millions of dollars and lives are in the hands of Americas civil servants, thus effective public policy affecting collective bargaining is important to the success of the nation. The largest public sector union is organization is the American Federation of State, County, and Municipal Employees (AFSCME) which covers employees of local and state governments, has a membership of 1.3 million and dates back to 1936.[2] Unionization is strong at this level with some 60 percent of eligible public employees belonging to a union or other professional organization. [3].
Putting U.S. Public Sector Labor Policy on the Agenda
The issue has been put on the national agenda because of the ability for public sector unions to mobilize a bloc vote and the threat of a strike should they become unhappy with using political conditions. Public employees have bolstered their organization for both reasons involving pay and working conditions. Safety has always been a key bargaining point for many unions, especially those in hazardous occupations. Strikes are very dangerous to the public sector because they often involve first responders or employees in key positions.
For example, in 1981 13,000 professional air craft controllers belonging to PATCO went on strike attempting to leave planes to their own devices and guidance causing what could have been a national emergency, simply because they wanted better wages. President Ronald Reagan quickly fired over 70 percent of them sending a clear warning that a strike of this magnitude would not and could not be tolerated by the American Public.[4]
Key Actors Shaping U.S. Public Sector Labor Policy
Since the early 1960's federal employees have been able to organize and engage in collective bargaining through an executive order issued by President Kennedy which granted federal employees the right to unionize and engage in collective bargaining. [5] This is a statement that while congress is not a key actor in shaping labor policy for the public sector, the executive branch is. However, the Presidents role in shaping labor policy changes whenever the turnover in the office occurs. Different Presidents simply have different policy prescriptions to unionization problems.
Individual states are largely responsible for state, county and municipal employee union policy and here, the state legislature does have considerable power in shaping public policy regarding unions. Many states have rejected the rights unions under what is called the privilege doctrine, it states that: employment in government is not a right but rather a privilege.[6] This is legally defensible and rooted in common law.[7]
Under the Minnesota Labor Relations Act, employers cannot intimidate or discourage union activity employees have a limited right to strike, an employer cannot institute a lockout which involves locking employees out from work, or take action against an employee for being involved in a union or other collective bargaining agency.[8]
The Future of Public Sector Labor Policy in the U.S.
Certain government employees are very difficult to replace while others can be outsourced. For example, should all the firefighters strike during a crop burning that leads to massive damage, perhaps they should be held liable for damages. In the private sector, unions and management act in an adversarial system, but in the public sector this is not so. This could mean that a manager is less likely to fire an employee simply because he is a member of the union. This leads to retention of incompetent employees and government ineffectiveness.
This is a crisis that many future administrators will face and learn to deal with. As the public sector unionization rate continues to increase even while its private counterpart decreases, key actors in public policy must began to look at how to best shape U.S. public policy to deal with public sector unionization.
Current labor policy is likely to continue at the federal level, at least until a President with an active interest in changing it emerges. However at the state level, change happens all the time. States are laboratories of democracy and can shape policies affecting those in their employ. One thing to bear in mind is that there is not a substantial labor party in the United States and this will always hinder union activity as it has less of a voice at the table.
French Public Sector Labor Policy
The French public sector is alive and very strong, with a threat of a strike looming from many areas of the public sector at all times. It is the largest sector of labor in France and unlike America; government is considered an honorable and coveted profession. In the face of recent threats of public sector work stoppages and possible violence, French President Nicolas Sarkozy has tried to keep the nation calm. "I say to everyone-be very responsible, be very calm and show a great deal of composure...This country does not need violence, manipulation on top of all the other problems it has.
However, his speeches will not make transportation systems run when they are thrown into "nationwide chaos" by disgruntled unions this fall.[9] Unionization is 5.2 million strong in France but is comprised of trade unions that are aligned under loosely under a variety of different political terms.[10] The public sector has a sense of elitism that separates it from its would be comrades in the other trade unions, however, certain events or disturbances will cause the unions to form temporary alliances and fight a common cause.
Putting French Public Sector Labor Policy on the Agenda
Part of the reason that unions are reacting so severely to is the recent public policy announcement from President Sarkozy to cut 22,000 jobs in the public sector.[11]
The French economy simply cannot afford to support needless jobs and over-inflated unionization of public sector. President Sarkozy stated that he does not want to eliminate the bureaucracy; rather he wants to make it better and sharper. "I want a public service that is smaller, better paid and with better career prospects", he said.[12]
The political movement in France has been a conservative one for some time. It has taken over what was a socialist regime and has made strides against a resistant public sector that is use to bloated salaries and comfortable benefits.[13]
Key Actors Shaping French Public Sector Labor Policy
The key actors shaping French labor policy in the public sector are clearly the public sector, the Executive branch and to some extent the news media. Depending on how closely the unions choose to unite, they can be quite a formidable force, they have been in the past and will probably continue to be in the future. However, the Executive also sets the policy of for the nation and under former liberal and socialist regimes, policies were much more union friendly then they are now.[14]
The media chooses which side to take on the issue and while it seems that the mainstream media sources, such as the BBC, have become turned off by unionism and complaining of public servants, there seems to be a strong underground current of socialist literature that floods the web tends to defend unions and civil servants. This could also mean that the socialist party is a key actor in shaping French labor policy in the public sector as it was for some time.
The Future of Public Sector Labor Policy in the France
France is headed for a number of years that will be riddled with strikes and economic uncertainties. There exists a strong socialist culture in the public sector of France, yet there is currently a conservative administration, these two actors are clearly at odds with each other.
The outcome of the policies of the Executive will depend on whether or not the unions can build coalitions, remain strong through considerable economic strife, and regain the news media on their side. If they fail, then the executive will be successful in breaking them and the strategy of not caving in to demands will work, if they are successful, then the Executive strategy of non-cooperation will fail.
One of the two sides must break and whoever has the news media on theirs will be better suited to win this battle. Thus the policy could either remain very conservative or gradually move back towards socialist ideas. In a state on its fourth constitution, anything could happen!
Similarities Between U.S. & French Public Policy
Both France and the United States had strong Executive control over labor policy in the public sector. It seems strange the Legislative branch has very little say in the arena of the public sector in either nation. While Congress has had a large impact on unions in the private sector, it has had almost none in the public sector and is rarely even cited, the same applies for France as their private sector unions are fairly weak.
Historically, both countries have had strong public sector unions however; the massive backlash that the unions in France are facing now, already hit the American public sector in the 1980s. This has allowed for the French public sector to continue union militancy through strike and shut down, but forced U.S. civil servants to learn political tactics of achieving their goals and surviving.
U.S. Presidents and French Presidents have handled the situation much the same way, but as said, the U.S. went through it in the 1980s and France did not really start going through it until the mid 1990s. The tactics are basically the same, both countries have taken a zero tolerance policy to striking and stuck with it, and it seems to be working. Eventually, Unions in both counties will have to find new ways to survive in increasingly conservative administrations and less public support for their causes.
My background is in P & C insurance, sales, and marketing. I also work with investments and bank products. I have worked in sales and marketing in various capacities for over six years. Much of the work has included heading PR and marketing campaigns and creating formulas for lead generation.
I can write a large number of subjects.
You can reach me at nickprieve@yahoo.com
The public sector comprises the largest section of organized labor in America and continues to grow. Educators, nurses, police officers, and government employees have become heavily unionized or involved in other professional organizations. Although most of the major pieces of labor legislation exclude public employees, they will be increasingly important to understand them as governments continue to outsource administrative, strategic, and other professional work.[1]
Employees who engage in collective bargaining use a variety tactics causing slowdown, shutdown, or sick-ins. While the private sector can absorb these tactics, the public sector cannot. Often, key employees such as police or firefighters will strike at critical times, putting the public at a severe detriment for their own greed. Millions of dollars and lives are in the hands of Americas civil servants, thus effective public policy affecting collective bargaining is important to the success of the nation. The largest public sector union is organization is the American Federation of State, County, and Municipal Employees (AFSCME) which covers employees of local and state governments, has a membership of 1.3 million and dates back to 1936.[2] Unionization is strong at this level with some 60 percent of eligible public employees belonging to a union or other professional organization. [3].
Putting U.S. Public Sector Labor Policy on the Agenda
The issue has been put on the national agenda because of the ability for public sector unions to mobilize a bloc vote and the threat of a strike should they become unhappy with using political conditions. Public employees have bolstered their organization for both reasons involving pay and working conditions. Safety has always been a key bargaining point for many unions, especially those in hazardous occupations. Strikes are very dangerous to the public sector because they often involve first responders or employees in key positions.
For example, in 1981 13,000 professional air craft controllers belonging to PATCO went on strike attempting to leave planes to their own devices and guidance causing what could have been a national emergency, simply because they wanted better wages. President Ronald Reagan quickly fired over 70 percent of them sending a clear warning that a strike of this magnitude would not and could not be tolerated by the American Public.[4]
Key Actors Shaping U.S. Public Sector Labor Policy
Since the early 1960's federal employees have been able to organize and engage in collective bargaining through an executive order issued by President Kennedy which granted federal employees the right to unionize and engage in collective bargaining. [5] This is a statement that while congress is not a key actor in shaping labor policy for the public sector, the executive branch is. However, the Presidents role in shaping labor policy changes whenever the turnover in the office occurs. Different Presidents simply have different policy prescriptions to unionization problems.
Individual states are largely responsible for state, county and municipal employee union policy and here, the state legislature does have considerable power in shaping public policy regarding unions. Many states have rejected the rights unions under what is called the privilege doctrine, it states that: employment in government is not a right but rather a privilege.[6] This is legally defensible and rooted in common law.[7]
Under the Minnesota Labor Relations Act, employers cannot intimidate or discourage union activity employees have a limited right to strike, an employer cannot institute a lockout which involves locking employees out from work, or take action against an employee for being involved in a union or other collective bargaining agency.[8]
The Future of Public Sector Labor Policy in the U.S.
Certain government employees are very difficult to replace while others can be outsourced. For example, should all the firefighters strike during a crop burning that leads to massive damage, perhaps they should be held liable for damages. In the private sector, unions and management act in an adversarial system, but in the public sector this is not so. This could mean that a manager is less likely to fire an employee simply because he is a member of the union. This leads to retention of incompetent employees and government ineffectiveness.
This is a crisis that many future administrators will face and learn to deal with. As the public sector unionization rate continues to increase even while its private counterpart decreases, key actors in public policy must began to look at how to best shape U.S. public policy to deal with public sector unionization.
Current labor policy is likely to continue at the federal level, at least until a President with an active interest in changing it emerges. However at the state level, change happens all the time. States are laboratories of democracy and can shape policies affecting those in their employ. One thing to bear in mind is that there is not a substantial labor party in the United States and this will always hinder union activity as it has less of a voice at the table.
French Public Sector Labor Policy
The French public sector is alive and very strong, with a threat of a strike looming from many areas of the public sector at all times. It is the largest sector of labor in France and unlike America; government is considered an honorable and coveted profession. In the face of recent threats of public sector work stoppages and possible violence, French President Nicolas Sarkozy has tried to keep the nation calm. "I say to everyone-be very responsible, be very calm and show a great deal of composure...This country does not need violence, manipulation on top of all the other problems it has.
However, his speeches will not make transportation systems run when they are thrown into "nationwide chaos" by disgruntled unions this fall.[9] Unionization is 5.2 million strong in France but is comprised of trade unions that are aligned under loosely under a variety of different political terms.[10] The public sector has a sense of elitism that separates it from its would be comrades in the other trade unions, however, certain events or disturbances will cause the unions to form temporary alliances and fight a common cause.
Putting French Public Sector Labor Policy on the Agenda
Part of the reason that unions are reacting so severely to is the recent public policy announcement from President Sarkozy to cut 22,000 jobs in the public sector.[11]
The French economy simply cannot afford to support needless jobs and over-inflated unionization of public sector. President Sarkozy stated that he does not want to eliminate the bureaucracy; rather he wants to make it better and sharper. "I want a public service that is smaller, better paid and with better career prospects", he said.[12]
The political movement in France has been a conservative one for some time. It has taken over what was a socialist regime and has made strides against a resistant public sector that is use to bloated salaries and comfortable benefits.[13]
Key Actors Shaping French Public Sector Labor Policy
The key actors shaping French labor policy in the public sector are clearly the public sector, the Executive branch and to some extent the news media. Depending on how closely the unions choose to unite, they can be quite a formidable force, they have been in the past and will probably continue to be in the future. However, the Executive also sets the policy of for the nation and under former liberal and socialist regimes, policies were much more union friendly then they are now.[14]
The media chooses which side to take on the issue and while it seems that the mainstream media sources, such as the BBC, have become turned off by unionism and complaining of public servants, there seems to be a strong underground current of socialist literature that floods the web tends to defend unions and civil servants. This could also mean that the socialist party is a key actor in shaping French labor policy in the public sector as it was for some time.
The Future of Public Sector Labor Policy in the France
France is headed for a number of years that will be riddled with strikes and economic uncertainties. There exists a strong socialist culture in the public sector of France, yet there is currently a conservative administration, these two actors are clearly at odds with each other.
The outcome of the policies of the Executive will depend on whether or not the unions can build coalitions, remain strong through considerable economic strife, and regain the news media on their side. If they fail, then the executive will be successful in breaking them and the strategy of not caving in to demands will work, if they are successful, then the Executive strategy of non-cooperation will fail.
One of the two sides must break and whoever has the news media on theirs will be better suited to win this battle. Thus the policy could either remain very conservative or gradually move back towards socialist ideas. In a state on its fourth constitution, anything could happen!
Similarities Between U.S. & French Public Policy
Both France and the United States had strong Executive control over labor policy in the public sector. It seems strange the Legislative branch has very little say in the arena of the public sector in either nation. While Congress has had a large impact on unions in the private sector, it has had almost none in the public sector and is rarely even cited, the same applies for France as their private sector unions are fairly weak.
Historically, both countries have had strong public sector unions however; the massive backlash that the unions in France are facing now, already hit the American public sector in the 1980s. This has allowed for the French public sector to continue union militancy through strike and shut down, but forced U.S. civil servants to learn political tactics of achieving their goals and surviving.
U.S. Presidents and French Presidents have handled the situation much the same way, but as said, the U.S. went through it in the 1980s and France did not really start going through it until the mid 1990s. The tactics are basically the same, both countries have taken a zero tolerance policy to striking and stuck with it, and it seems to be working. Eventually, Unions in both counties will have to find new ways to survive in increasingly conservative administrations and less public support for their causes.
My background is in P & C insurance, sales, and marketing. I also work with investments and bank products. I have worked in sales and marketing in various capacities for over six years. Much of the work has included heading PR and marketing campaigns and creating formulas for lead generation.
I can write a large number of subjects.
You can reach me at nickprieve@yahoo.com
Legal Services of Labor Law Attorneys
Labor law attorneys deal with a broad range of labor issues mainly related to how employers treat employees, former employees and applicants for employment. This includes all the areas of the employer-employee relationship, negotiations, and the collective bargaining agreement.
Generally, labor laws were designed to create a bargaining balance between employers and employees; prohibiting management and the union from engaging in "unfair labor practices" and encouraging both parties to engage in faithful collective bargaining.
Labor laws also grant employees the right to unionize and allow employers and employees to engage in typical union activities like strikes, pickets, seeking injunctions, and lockouts, which is done for getting their demands heard.
What Labor Law Attorneys Can Do
Labor law attorneys deal mostly with employers and the union. These lawyers help management by carrying out following tasks:
• Reviewing client employee handbooks, manuals and policy statements
• Assisting with federal and state wage and hour law issues and claims
• Representing employers before the Equal Employment Opportunity Commission and state human rights agencies
• Representing employers in unfair labor practice proceedings before the National Labor Relations Board and state labor agencies
• Providing representation for grievance and arbitration hearings under the collective bargaining agreements
• Collective bargaining on behalf of clients including strategic planning and acting as spokesperson
• Counseling on issues related to strikes or lockouts, and providing related litigation support
On the other hand, these lawyers also help employees in the workplace. They assist employees' families recover money and other compensation from illegal practices of certain employers. In addition to other labor-related disputes, they handle issues of discrimination (ADA, family leave, ERISA), wage claims, wrongful termination or demotion, invasion of privacy, whistle-blowing (Qui Tam), harassment, unemployment, retaliation, and workers' compensation.
Employment and labor law professionals handle disputes with insurance claims, lawsuits, and court trials. For employers, labor attorneys may review contracts, agreements, and policy publications. They can fine-tune non-compete and non-solicitation agreements, severance agreements, independent contractor agreements, collective bargaining agreements, trade secrets documentation, employee policy manuals, and dispute resolution procedures. They also negotiate with claimants, public workers, unions, and labor organizations.
How a Labor Law Attorney Can Help You
• Assess your legal rights - The attorney will help you determine whether your rights have been violated or not, the strengths and weaknesses of your claim, and the legal consequences of filing a suit.
• Act as your legal coach - By acting as your legal coach, a labor lawyer will:
o explain what laws work best for you and how to enforce your right,
o advise you on the merits of your claim,
o give you feedback on court procedures,
o alert you to any problem areas,
o suggest evidence that may be useful to your claim;
o and draft or write the necessary paperwork.
• Negotiate - He will also deal with all levels of negotiation for your claims and represent you in confronting your employer. He can also help you finalize any agreement or settlement.
• Handle all communication -He will draft all letters, correspondence and even answer calls related to your concern
• Initiate legal action in the appropriate court
Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.
Our labor law attorneys are very much capable in upholding the rights of the aggrieved employees. Contact us and we will be more than glad to provide help.
http://www.mesrianilaw.com/Labor-Law-Attorneys.html
Generally, labor laws were designed to create a bargaining balance between employers and employees; prohibiting management and the union from engaging in "unfair labor practices" and encouraging both parties to engage in faithful collective bargaining.
Labor laws also grant employees the right to unionize and allow employers and employees to engage in typical union activities like strikes, pickets, seeking injunctions, and lockouts, which is done for getting their demands heard.
What Labor Law Attorneys Can Do
Labor law attorneys deal mostly with employers and the union. These lawyers help management by carrying out following tasks:
• Reviewing client employee handbooks, manuals and policy statements
• Assisting with federal and state wage and hour law issues and claims
• Representing employers before the Equal Employment Opportunity Commission and state human rights agencies
• Representing employers in unfair labor practice proceedings before the National Labor Relations Board and state labor agencies
• Providing representation for grievance and arbitration hearings under the collective bargaining agreements
• Collective bargaining on behalf of clients including strategic planning and acting as spokesperson
• Counseling on issues related to strikes or lockouts, and providing related litigation support
On the other hand, these lawyers also help employees in the workplace. They assist employees' families recover money and other compensation from illegal practices of certain employers. In addition to other labor-related disputes, they handle issues of discrimination (ADA, family leave, ERISA), wage claims, wrongful termination or demotion, invasion of privacy, whistle-blowing (Qui Tam), harassment, unemployment, retaliation, and workers' compensation.
Employment and labor law professionals handle disputes with insurance claims, lawsuits, and court trials. For employers, labor attorneys may review contracts, agreements, and policy publications. They can fine-tune non-compete and non-solicitation agreements, severance agreements, independent contractor agreements, collective bargaining agreements, trade secrets documentation, employee policy manuals, and dispute resolution procedures. They also negotiate with claimants, public workers, unions, and labor organizations.
How a Labor Law Attorney Can Help You
• Assess your legal rights - The attorney will help you determine whether your rights have been violated or not, the strengths and weaknesses of your claim, and the legal consequences of filing a suit.
• Act as your legal coach - By acting as your legal coach, a labor lawyer will:
o explain what laws work best for you and how to enforce your right,
o advise you on the merits of your claim,
o give you feedback on court procedures,
o alert you to any problem areas,
o suggest evidence that may be useful to your claim;
o and draft or write the necessary paperwork.
• Negotiate - He will also deal with all levels of negotiation for your claims and represent you in confronting your employer. He can also help you finalize any agreement or settlement.
• Handle all communication -He will draft all letters, correspondence and even answer calls related to your concern
• Initiate legal action in the appropriate court
Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.
Our labor law attorneys are very much capable in upholding the rights of the aggrieved employees. Contact us and we will be more than glad to provide help.
http://www.mesrianilaw.com/Labor-Law-Attorneys.html
วันจันทร์, สิงหาคม 4, 2008
Information On Overtime Wage Claims
Most employees who work more than forty hours per week are entitled to be paid one and one half times their regular rate of pay for their overtime hours worked. This is commonly referred to as overtime pay. The law that governs whether an employee is entitled to be paid overtime pay is a Federal Statute called the Fair Labor Standards Act. The Fair Labor Standards Act is a very complex Statute which is filled with exceptions and exclusions covering certain types of employees and determining whether those employees are entitled to their overtime pay.
Most employees who are being paid on an hourly basis are entitled to overtime pay. In order to be properly paid for overtime hours, an employee should receive one and one half times their hourly rate of pay for their overtime hours. For instance, if a person was being paid $10.00 an hour, and during a weekly period worked more than forty hours in that week, the employee should be paid $15.00 an hour (one and one half times the hourly rate) for all hours worked over forty hours a week. This employee would earn $400.00 for the first 40 hours he or she worked, then be paid $15.00 per hour for any time above 40 hours.
Salaried employees are also covered under the Fair Labor Standards Act. Very often we will speak with an employee who is paid by salary who is told by their employer that because they are being paid on a salary basis, they do get overtime pay. This is definitely wrong. The only difference between a hourly paid employee and a salary paid employee is the way that their overtime pay is calculated is different.
To calculate overtime pay for a salaried employee, you divide the number of hours an employee works during a particular period, usually weekly or bi-weekly, into the salary amount for that same period. By doing so, you will be given an hourly rate by which the employee was paid during that work period. That hourly rate determines the amount that an employee is paid their overtime pay. For instance, if an employee is being paid $35,000.00 per year salary, their weekly salary would be $673.08 ($35,000.00 divided by 52 weeks). If an employee worked 45 hours during any particular week, their hourly rate would equal $14.96 ($673.08 divided by 45 hours). To determine that employees overtime pay, you would then divide that hourly rate of $14.96 in half, which equals $7.48. That employee would then be entitled to an additional $7.48 for each of those 5 additional hours of overtime that he or she worked during that weekly period.
Many employers approach employees and advise them that they are going to become a salaried employee, and attempt to describe that as being a benefit to the employee. Actually, being paid a salary usually works against employees who are working significant hours because the employee's effective hourly rate will decrease with the more hours that employee is working. For instance, if you take that same employee that was earning $35,000.00 and working 45 hours a week, their effective hourly rate is $14.96. However, if you take that same employee who is earning $35,000.00 and have that employee work 50 hours a week, their effective hourly rate would actually drop to $13.46. If that employee continues to work more and more hours, their effective hourly rate, and their overtime premium will continue to fall.
Under the Fair Labor Standards Act, there are dozens of different classifications of employees, exemptions of employees, and requirements for certain employees, which determine whether an employee is entitled to be paid overtime pay. For basic information on certain categories of employees and whether they are entitled to overtime pay, the United States Department of Labor has an excellent website which briefly explains many of these classifications, qualifications and exemptions. The web site is www.dol.gov/esa/fact-sheets-index.htm. However, to fully explore whether you or someone you know is entitled to overtime pay, it is best to consult with an experienced Florida Overtime Attorney who specializes in the field of wage and hour claims.
>> http://www.dol.gov/esa/fact-sheets-index.htm
>> http://www.jmmlawyers.com/overtime-attorney.html
Employment Law: Attendance Rewards - Legal Ramifications
If you were thinking of offering your employees special rewards as incentives for having good attendance records, then you must read on. In fact, employers that offer attendance bonuses may find themselves falling foul of the law.
The Royal Mail introduced a rewards scheme for staff that did not to take time off sick. Under the Royal Mail's scheme, workers with full attendance records were entered into a prize draw to win Ford Focus cars or holiday vouchers worth £2,000. As a staff incentive, it seemed to work. The Royal Mail says its overall sickness absence levels fell during a nine-month period (between August and April) by 11%.
However, such schemes could have serious ramifications from a legal viewpoint, and leave employers vulnerable to a variety of legal claims.
Discrimination
Employees could bring discrimination claims on the grounds of disability or sex. The success of these claims would depend on each employee's particular circumstances and needs, whether in relation to their family, religion or health.
Alternatively, qualifying employees could bring claims for being subjected to detriment treatment as a result of asserting their statutory rights, for example, for:-
Time off for dependants and antenatal care;
Time off for study or training or time off for jury service
Maternity leave;
Adoption leave; or
Paternity or parental leave;
Disability discrimination may occur if, for example, an employee had time off connected to a disability and this was not taken into account by the employer under the reward scheme. The employee might claim that the failure of the employer to set aside his/her absence for disability related reasons amounted to less favourable treatment.
How can employers protect themselves from such claims?
Employers can avoid these pitfalls by including a list of exceptions in the reward scheme, for example, jury service or study leave, taking into account any statutory rights to time off; or
Pay bonuses to employees connected to performance in their job rather than implementing an attendance reward.
Employers should be wary of adopting an attendance bonus scheme without legal consultation.
If you require further information contact us.
Email: enquiries@rtcoopers.com
© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Employment solicitors in London,employment law, Employment Lawyers, employment law firm, Redundancies, Unfair Dismissals, Breach of Contract, Workplace Disputes, TUPE Transfers, Drafting Employment Contracts, Grievance Procedures, Disciplinary Procedures, Maternity Rights,Discrimination, Employment Disputes, Suspensions, Wrongful Sismissal,Equal Pay, Media Copyright.
Article by : http://www.rtcoopers.com
Diverse Aspects of Employment Law in California
In California, as in all other States in the country, there are various aspects of employment law. Attorneys specializing in employment law in California need to have particular skills, considerable length of experience and professional education in order to handle competently these diversified matters in employment conditions and legal cases.
• Employment Discrimination Litigation - involves the following issues:
- racial discrimination
- sexual discrimination
- age discrimination
- discrimination based on country of origin
- discrimination based on religious belief
- sexual preference discrimination
- discrimination based on disability (American with Disabilities Act or ADA)
• Sexual Harassment Claims - here are the issues that may be involved in this type of case:
What can be construed as sexual harassment in the workplace?
- unwelcome sexual advances
- sexual intimations
- inappropriate comments that directly or indirectly refer to sex
What can be the broader aspect employment harassment aside from sexual harassment?
- racial harassment
- age harassment
- harassment based on the country of origin
- harassment based on religious preference or belief
- harassment based on sexual preference
- harassment on disabled or handicapped individuals
• Wrongful Discharge/Termination Litigation - here are the fundamental principles concerning wrongful termination:
- An employee cannot be terminated based on his/her race, age, sex, origin and other legally protected classes.
- An employee cannot be fired as retaliation for his/her claiming workers' compensation, applying for leave under the FMLA, and taking advantage of benefits provided by the company.
- An employee cannot be fired on the grounds of whistle blowing, filing a Qui Tam claim or reporting any suspicious harmful or illegal activity going on in the company to necessary authorities, reporting instances of alleged sexual harassment and filing claims for employment discrimination.
• Drafting, reviewing, negotiating, and litigating of Employment Agreements/Contracts, Employee handbooks and other materials to guide employer and employee in dealing with employment issues and claims and litigations.
- Disputes on Employment contract - breach of employment agreement or contract, breach of termination or separation agreement, misappropriation of business trade secrets or any other company proprietary information and other actions concerning breach of contract.
- Proprietary rights and development of business' intellectual property - specifications concerning the company' intellectual property concerns and other "work for hire" specifications to protect copyrights, patent rights and other issues involving intellectual property
• Avoiding any type of Employment Litigation - business can be assisted in minimizing the threats of employment litigation arising in the workplace.
Lala C. Ballatan a.k.a Kay Zetkin discovered the pleasure of writing through her daily journals way back when she was 10. With writing, she felt freedom - to express her viewpoints and assert it, to bring out all concerns -- imagined and observed, to bear witness.
Article by : http://www.attorneyservicesetc.com
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