employment law

ABC test

Definition

A test used in some states to determine whether a person is an employee or an independent contractor for the purpose of determining state unemployment tax.  

Some courts using this test look at whether a worker meets three separate criteria to be considered an independent contractor:

 

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ERISA

ERISA

The Employee Retirement Income Security Act of 1974 (ERISA), a federal statute, delineates minimum standards for the administration of private industry's pension plans and establishes the impact that federal income taxes will have on transactions associated with management of such pension plans. The statute also creates causes of action for employee plan participants and their beneficiaries.

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Federal Material

Federal Statutes

Federal Judicial Decisions

Minimum wage

The Minimum Wage: An Overview
 

Minimum wage laws establish a base level of pay that employers are required to pay certain covered employees. The current federal minimum wage is $6.55 per hour. The laws consist primarily of federal and state statutes. When an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher of the two minimum wages. Many states, including California, have a higher minimum wage which must be followed by local governmental agencies.

 

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Federal Material

29 U.S.C. §§ 201 et seq.: Fair Labor Standards Act (FLSA)

CRS Annotated Constitution

Federal Regulations

Regulations promulgated under FLSA (29 C.F.R. parts 500-899)

Federal Judicial Decisions

Link to LII: recent FLSA and minimum wage decisions

State Material

State Constitutions and Statutes

  • California Minimum Wage
  • California Constitution Article XIV, § 1.
  • California Labor Code §§ 50 et seq.
  • New York Minimum Wage
  • New York Labor Law Article 19 §§ 650 et seq.

Judicial Decisions

Link to LII: state minimum wage decisions.

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Key Internet Sources

 

Unemployment compensation

Unemployment Compensation law: an overview

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Federal Material

U.S. Constitution and Federal Statutes

Federal Regulations

Federal Judicial Decisions

State Material

State Statutes

Judicial Decisions

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Workplace safety

Workplace safety: an overview

Workplace safety and health laws establish regulations designed to eliminate personal injuries and illnesses from occurring in the workplace. The laws consist primarily of federal and state statutes. Federal laws and regulations preempt state ones where they overlap or contradict one another.

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Federal Material

U.S. Constitution and Federal Statutes

Federal Regulations

Federal Judicial Decisions

State Material

State Statutes

Judicial Decisions

Other References

Key Internet Sources

Useful Offnet (or Subscription - $) Sources

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Category: Employment Law

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