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Employment Agreements, Forms and Contracts



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Employment by Subject Matter


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Laws, Information and FAQ


Answers to many employment questions can be obtained from these sites:

U.S. Department of Labor

U.S. Department of Labor - Bureau of Labor Statistics

Equal Employment Opportunity Commission  - investigates and sometimes litigates claims of discrimination due to race, age, sex, national origin, religion and disability.

Employer Labor Posters - Download

Your State Labor Office

Minimum Wage Laws

 »  State laws which set the minium hourly pay amount.  Some States rates are higher than the federal minimum.

Mimimum Paid Rest Periods

 »  State laws regulating required rest periods and pay for those periods.

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Minimum Length of Meal Period

 »  State laws regulating the minimum length of lunch for employees.

Child Labor Laws - Non-Farm Employment

Child Labor Laws - Farm Employment

 »  State laws regulating the minimum age that children may work.

Door to Door Sales by Minors

 »  State laws regulating door to door sales by minors.

Payday Requirements

 »  State laws regulating required paydays or pay periods.

Garnishment

 »  41 U.S.C. § 1671 and 29 CFR Part 870. The wage garnishment provisions of the Consumer Credit Protection Act (CCPA) protects employees from discharge by their employers because their wages have been garnished for any one debt, and it limits the amount of an employee's earnings that may be garnished in any one week. CCPA also applies to all employers and individuals who receive earnings for personal services (including wages, salaries, commissions, bonuses and income from a pension or retirement program, but ordinarily not including tips).

Questions and Answers (FAQ)


Right to Work

Q:  What are right to work laws?

A:  This means the the State has a law forbidding an employer from agreeing that union membership will be required of its employees.

At Will Employment

Q:  What is "at will" employment?

A:  This means that the employer can discharge you with or without cause, and for basically any unprotected reason.

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Discrimination

Q:  What is discrimination in employment?

A:  Discrimination due to race, color, national origin, sex, religion, age (if over 40), disability and retaliation due to various protected activites, such as opposition to unlawful discrimination, and participation in proceedings to investigate and correct unlawful discrimination.

Employee Files

Q:  Can I receive a copy of my employment file from my employer?

A:  It depends on the laws of your State.  Most States do not require that an employer maintain an employee file. Oregon is one state that requires that the employor provide the employee with a copy of the file.  However, every employer covered by the Fair Labor

Standards Act (FLSA) must keep certain records for each covered, nonexempt worker. 

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Lie Dectector

Q:  Can my employer require that I take a polygraph (lie detector test).

A:  No.

Part Time Employment

Q:  What is part time employment?

A:  Under 35 hours a week.  State laws may vary.  See DOL

See other FAQ from the U.S. Department of Labor on the following subjects:

Statistics

Disaster Relief

Veterans

Grants & Contracts

Wages & Work Hours

Health Plans & Benefits

Women

Jobs & Training

Workers' Compensation

Workplace Safety & Health

People with Disabilities

Youth

Retirement Plans & Benefits

Other Labor Issues

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Federal Employment Related Acts and Laws

ADA

Americans with Disabilities Act, 42 U.S.C. 12101 et seq.  Title I prohibits discrimination in employment. The rest of the Act requires various public accomodations for disabled individuals. See ADA

ADEA

Age Discrimination in Employment Act, 29 U.S.C. 621 et seq.  Applies to people over 40.  See ADEA

COBRA

Consolidated Omnibus Budget Reconciliation Act of 1985. 29 U.S.C. 1161 et seq., which provides for continuation of health insurance after termination of employment.  See COBRA

EPPA

Employee Polygraph Protection Act, 29 U.S.C. 2001 et seq.  This law does not apply to government employment.

ERISA

Employee Retirement Income Security Act of 1974. Governs employee retirement and welfare benefits. Most health insurance, 401k, profit sharing and even some severance plans are governed by ERISA. 

FLSA

Fair Labor Standards Act, 29 U.S.C. 201 et seq. Sets payment of minimum wages and overtime. See Fair Labor Standards Act

FMLA

Family and Medical Leave Act, 29 U.S.C. 2601 et seq. See Family Medical Leave Act

NLRA

National Labor Relations Act, 29 U.S.C. 141 et seq.  Regulates Unions.

NLRB

The National Labor Relations Board is a federal agency charged with enforcing the NLRA. 

OWBPA

Older Worker Benefit Protection Act, 29 U.S.C. 626(f).  Sets certain requirements that must be met before an employee can effectively waive the right to make a claim of age discrimination.

RLA

The Railway Labor Act, 45 U.S.C. 151 et seq.

TITLE VII

Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.  Prohibits discrimination in employment due to race, color, religion, national origin or sex.  See DOL Pages

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Other issues:

Commissions

USDOL/OALJ Reporter:

Decisions of the Administrative Review Board

By Date - May 1996 to Present 

Tips

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