| Workers' Compensation Overview |
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| Under modern workers' compensation statutes, lengthy court battles and unfair burdens on employees are generally avoided. The statutes provide coverage to employees for accidental injuries that "arise out of and in the course of" employment. No assessment of "fault" is required. More... |
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| Employment Discrimination |
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| Based upon Conduct or Lifestyle) More... |
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| Restoration of Position After Family and Medical Leave Act of 1993 Leave |
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| In 1993, Congress passed the Family and Medical Leave Act (FMLA). The FMLA was intended to balance the demands of the workplace with the needs of families. Under the FMLA, many employees are guaranteed the right to take unpaid leave. More... |
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| Affirmative Action - Disparate Treatment |
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| Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of race, color, sex, creed, religion, or national origin. Under a disparate treatment theory, which the Supreme Court has described as the most easily understood type of discrimination, an employer simply treats some people less favorably than others because of their race, color, religion, sex, or national origin. Proof of discriminatory motive is critical. Thus, preferential or differential treatment of individuals because of their race runs afoul of the statutory prohibition. More... |
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| Independent Contractor or Employee? |
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| There are many important distinctions between the way that hiring parties must treat employees and independent contractors. For example, hiring parties must withhold payroll taxes for their employees, but not for independent contractors. Independent contractors are also not entitled to be covered by employer benefit plans. Although the differences in required treatment are great, the distinction between an employee and an independent contractor is not often so easily drawn. Thus, a hiring party that incorrectly classifies its workers can incur great legal liability. More... |
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