employment law

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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...

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Definition

An independent hearing examiner who presides at an administrative hearing. An ALJ has the power to administer oaths, receive evidence, take testimony, and make initial findings of fact or law. An ALJ’s findings are subject to review...

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Definition

A set of procedures designed to eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future. Applicants may be seeking admission to an educational...

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Plaintiff-Petitioner Jenifer Arbaugh (“Arbaugh”) was employed by Defendant-Respondent Y & H Corporation (“Y & H”) as a bartender in Louisiana from May 2000 until February 2001. Arbaugh sued Y & H in November 2001 in...

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Overview

42 U.S. Code § 2000e-2 allows for an employer to discriminate against employees and potential employees "on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide...

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On September 28, 2000, California legislators enacted legislation prohibiting the state from interfering with employee choice regarding whether or not to join or to be represented by a labor union. The statute prohibits California from...

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Overview

Employment law is a broad area encompassing all areas of the employer/employee relationship. Employment law consists of thousands of federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (such...

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Overview

At-will employment refers to an employment agreement stating that employment is for an indefinite period of time and may be terminated either by employer or employee. If an employment is at-will, such an agreement would typically be expressly...

(LIIBULLETIN preview)

Congress enacted the Fair Labor Standards Act (“FLSA”) in 1938, seeking to remedy perceived shortcomings in the national labor market and to provide a minimum standard of acceptable working conditions for all employees. See Brief...

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DefinitionIllustrative caselaw A health care delivery system where the provider offers a participant a comprehensive range of health services for a fixed premium. The recipient agrees to use only these services (except in cases of emergency) and thereby...

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