Employment law covers a broader set of employment issues beyond labor union relations and collective bargaining. Employment law topics include hours, wages, overtime, hiring practices, workplace discrimination, and retaliation.
A standard workweek in Canada is 40 hours, Monday to Friday, and a standard workday is 8 hours in a 24-hour period. Any number of hours an employee works beyond the standard minimum is overtime, which entitles the employee to 1.5 times their regular wage.
Certain policies are mandatory and must be included in your employee handbook. For example, California employers must have a written harassment, discrimination and retaliation prevention policy. Including these policies clarifies for employees their rights and obligations, and protects you from potential liability.
This blog post will delve into the common law requirements of an employment contract, which are: 1) offer, 2) acceptance, 3) certainty of terms, 4) consideration, and 5) legal capacity.
Common Law: The common law helps define employment relationships. Some example doctrines include: The “Control Test” and its 20 factors (a common law doctrine used by the IRS and other agencies to make employee vs. independent contractor determinations, under IRS Revenue Ruling 87–41);
Common Law: The common law helps define employment relationships. Some example doctrines include: The “Control Test” and its 20 factors (a common law doctrine used by the IRS and other agencies to make employee vs. independent contractor determinations, under IRS Revenue Ruling 87–41);
Under common-law rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed.
Essentially, they provide a barometer of what is fair, safe, and expected in the workplace. Labor laws are not just put in place to benefit employees, however. They are also there to help guide employers and grant them rights as well. Labor and employment laws grant employers the right to hire and fire at will.
Most employers are surprised to learn that California does not require companies to have an employee handbook.
Essentially, they provide a barometer of what is fair, safe, and expected in the workplace. Labor laws are not just put in place to benefit employees, however. They are also there to help guide employers and grant them rights as well. Labor and employment laws grant employers the right to hire and fire at will.