20 Key Questions About Employment and Service Law

General Employment Law Basics

What is employment law?

Employment law governs the rights, duties, and obligations between employers and employees.

What is the difference between an employee and an independent contractor?

Employees work under the control of an employer, while independent contractors perform specific tasks independently.

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What are at-will employment and its exceptions?

At-will employment allows employers or employees to terminate the relationship at any time, except for reasons like discrimination or retaliation.

What are the major federal laws regulating employment in the U.S.?

Key laws include the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Civil Rights Act.

Employee Rights

What laws protect employees from workplace discrimination?

Federal laws, such as Title VII of the Civil Rights Act, prohibit workplace discrimination based on race, gender, religion, age, or disability.

What is the difference between harassment and discrimination?

Discrimination is any unfair treatment for protected characteristics and harassment is the hostile work environment created.

What rights do employees have to fair compensation and overtime wages?

The FLSA guarantees minimum wage and overtime pay to eligible employees.

What rights do employees have to privacy in the workplace?

Employees have very few privacy rights such as protection for personal belongings but employers may inspect work devices and emails.

What is wrongful termination?

Termination that is against employment contracts, discrimination laws, or public policy.

What are whistleblower protections?

Laws that prevent employees who expose illegal or unethical practices from retaliation.

Employer Obligations

What is the duty of an employer to ensure a safe workplace?

Employers have to abide by Occupational Safety and Health Administration (OSHA) requirements for safety.

What is vicarious liability in employment law?

An employer can be held liable for their employee’s wrongdoings done in the course of work.

What are an employer’s duties under the FMLA?

Employees are entitled to up to 12 weeks of unpaid leave, which is permitted for family and medical reasons.

What are non-compete clauses, and do they have standing?

Agreements that prevent workers from competing against an employer post-employment; enforceability depends on jurisdiction

What is a labor union and what role do they play in employment law?

Organizations which represent workers.

Labor unions represent the interests of employees, bargain collective bargaining agreements, and enforce them.

Contracts and Agreements

What are employment contracts, and why are they essential?

An employment contract specifies terms of employment, including wages, responsibilities, and conditions of termination.

What is a non-disclosure agreement (NDA)?

A non-disclosure agreement is an agreement between an employer and an employee not to disclose confidential business information.

What are restrictive covenants in employment contracts?

Non-compete, non-solicitation, and confidentiality clauses, among others, that are intended to safeguard employer interests.

Disputes and Resolutions

What are the methods for resolving employment disputes?

These may be through grievance procedures that are internal to the company, mediation, arbitration, or even litigation.

What are some remedies available to employees in an employment law case?

Some remedies are back pay, reinstatement, compensatory damages, punitive damages, and injunctive relief.

These are foundational questions on employment and service law.

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