employment law

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

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 $7.25 per hour. In addition to a federal minimum wage, some states also have their own minimum wages, codified either in a state statute or in the state's constitution.

 

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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

 

Equal Employment Opportunity Commission

Overview

The U.S. Equal Employment Opportunity Commission (“EEOC”) enforces federal laws prohibiting workplace discrimination. The EEOC was created by the Civil Rights Act of 1964.

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

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Category: Employment Law

Employment Discrimination


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U.S. Constitution and Federal Statutes

Federal Agency Regulations

Federal Judicial Decisions

State Material

State Statutes

State Judicial Decisions

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Immigration

Immigration Law: An Overview

Federal immigration law determines whether a person is an alien, the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States. It also provides the means by which certain aliens can become legally naturalized citizens with full rights of citizenship. Immigration law serves as a gatekeeper for the nation's border, determining who may enter, how long they may stay, and when they must leave.

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U.S. Constitution

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Labor

labor law: an overview

The goal of labor laws is to equalize the bargaining power between employers and employees. The laws primarily deal with the relationship between employers and unions. Labor laws grant employees the right to unionize and allows employers and employees to engage in certain activities (e.g. strikes, picketing, seeking injunctions,lockouts) so as to have their demands fulfilled.

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Federal Material

U.S. Constitution and Federal Statutes

Federal Regulations

Federal Judicial Decisions

U.S. Constitution

State Material

State Statutes

State Judicial Decisions

International Material

Conventions and Treaties

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Category: Employment Law

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