In HR/Employment Law
What is HR/Employment Law?
Employment & Human Resources Law concerns the legal relationships between employers and employees; in this section, Quizlaw will discuss the legal issues that revolve around hiring and firing, workplace discrimination laws, sexual harassment, workplace health and safety, and the laws surrounding wages and benefits.
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Hiring
- What legal steps should I take in employment recruiting?
- What is legal when advertising for an employee?
- When is discrimination allowed?
- What would an illegal ad contain?
- During the application and interview process, what qualifications can an employer look for?
- What is an employment contract?
- What is an independent contractor?
- What is the difference between an independent contractor and an employee?
- Should I hire an independent contractor or an employee?
- What types of employment screening are allowed?
- Are background checks legal?
- Is drug testing legal?
- Am I required to take a physical?
- Is testing for HIV or AIDS legal?
- Is English testing legal?
- Do I have to give references?
- Are polygraph tests legal?
- What is applicant tracking?
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Sexual Harassment
- What is sexual harassment?
- What are the types of sexual harassment?
- What is Quid Pro Quo Sexual Harassment?
- What is a hostile working environment?
- If sexual conduct is consensual, can it still be considered sexual harassment?
- How severe does the sexual activity have to be before it is considered harassment?
- Do romantic relationships between co-workers amount to sexual harassment?
- What should employers do to prevent sexual harassment?
- What is a sexual harassment policy?
- What procedures should be put in place to deal with sexual harassment complaints?
- If an employee doesn’t complain, can an employer still be held liable for sexual harassment?
- If you are sexually harassed, what should you do?
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Termination
- What reasons does my employer have offer to fire me?
- Can I be fired for no reason at all?
- If I am a union member, can I be fired for no reason?
- If I work for the federal, state or local government (a public employee) can I be fired for no reason?
- Does my employer have to notify me in advance that I’m being fired?
- What is wrongful termination?
- What is retaliation?
- Can I be fired for whistleblowing?
- What is the Sarbanes Oxley Act?
- What is Qui Tam (the False Claims Act)?
- What is severance pay?
- Am I legally entitled to severance pay?
- Do I have to sign a waiver signing away my rights to sue in order to receive severance pay?
- What is unemployment compensation?
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Wages and Benefits
- What is the Fair Labor Standards Act?
- What Employees are covered by the FLSA?
- Who is covered by the FLSA?
- What are payday rules?
- Does the FLSA require severance pay, sick leave, vacations, or holidays?
- How must employees be paid?
- What may an employer deduct from an employer’s paycheck?
- What are the record-keeping requirements under the Fair Labor Standards Act?
- What does the FLSA say about child labor?
- Should I be paid for lunch and rest breaks?
- Are employers required to post federal wage and hour posters?
- What is the minimum wage?
- What are the wage laws for employees receiving tips?
- How does the minimum wage law apply to youth workers?
- What are the overtime pay requirements?
- Am I entitled to overtime for working on weekends, holidays, or at night?
- How much overtime pay am I entitled to?
- Do I have to take compensatory time in lieu of overtime pay?
- Should I file a claim against my employer for violating the FLSA?
- What is the Equal Pay Act?
- When is unequal pay not a violation of the Equal Pay Act?
- What does ‘similar work’ mean under the Equal Pay Act?
- Am I entitled to health insurance?
- What is COBRA and am I entitled to it?
- What is ERISA?
- What is the Family and Medical Leave Act?
- Is my employer covered by the FMLA?
- Who is considered eligible for FMLA leave?
- If I take 12 weeks of FMLA leave, am I entitled to return to the same position at the end of my leave?
- Can a husband take FMLA leave for his wife’s childbirth?
- Do I have to give notice to take FMLA leave?
- Can FMLA leave be factored into decisions regarding promotions or raises?
- What constitutes “close family member” for purposes of the FMLA?
- How long do I need to work before I qualify for FMLA?
- How often can I take FMLA leave?
- Does FMLA leave extend to same sex partners or domestic partnerships?
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Workers Comp & OSHA
- What is OSHA?
- What does OSHA say about restrooms & proper hygiene in the workplace?
- What does OSHA say about equipment in the workplace?
- What does OSHA say about smoking in the workplace?
- What does OSHA say about fire safety, toxic waste, and first aid kits in the workplace?
- What does OSHA say about workplace temperature, lighting, and noise levels?
- What is the Right to Know Law?
- What are Material Safety Data Sheets (MSDS)?
- What are the inspection laws with regard to chemical exposure?
- What is a Hazard Communication Plan?
- How can I report a Safety Violation?
- What is Safety Training?
- What is workers compensation?
- What are the responsibilities of an employee injured on the job?
- How much compensation does my injury entitle me to?
- Am I entitled to benefits if my spouse dies in a work-related accident?
- Are there instances when an injured employee is allowed to sue the employer?
- Must I be injured at my workplace to be covered by workers comp?
- Are all workers covered by workers comp insurance?
- What are the employer’s responsibilities if an employee is injured on the job?
- Is my employer required to provide workers compensation coverage?
- Workplace Discrimination