Employment Law Essay Examples for Free

Aguas v. State of New Jersey: Workplace Harassment and Employer Liability

Case Background The plaintiff, Ilda Aguas, has been a New Jersey Department of Corrections (DOC) corrections officer since 2004. While working for the DOC, Aguas suffered several incidents of sexual harassment by her supervisor, Lieutenant Darryl McClish. According to the plaintiff, McClish repeatedly showed physical and verbal harassment toward a...

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The Fair Labor Standards Act Modifications

The Main Features of the Fair Labor Standards Act The Fair Labor Standards Act (FLSA), a piece of federal legislation, establishes standards for full-time and part-time workers in the public and commercial sectors, covering minimum wages, overtime compensation, record keeping, and child labor regulations. According to the law, employers must...

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Equal Employment Opportunity Laws

Employment law is an essential aspect of the modern workplace. Equal employment opportunity (EEO) laws exist to protect employees from discrimination based on specific characteristics, such as age, race, gender, or disability. Title VII of the Civil Rights Act of 1964 is a landmark piece of legislation that further solidifies...

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The Janus v. American Federation of State Case

Introduction Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466, 585 U.S. (2018) was a case concerned about labor relations and union and determined by the Supreme Court. The main issue raised was the constitutionality of fair share fees, which are expected from the non-union...

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Hostile Environment and Sexual Harassment at Work

Sexual harassment is pervasive in today’s settings and may have devastating effects. When people think about sexual harassment, they often picture an environment where sexist remarks and jokes are commonplace. Harassment of any kind is unacceptable in the workplace, but sexual harassment, in particular, has far-reaching consequences, from decreased productivity...

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Employee Rights and Their Protection by Trade Unions

Human rights are the inalienable property of all human beings, without distinction based on nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other aspect. Collins (2022) shows that all organizations must respect human rights throughout their value chains, regardless of the ability or willingness...

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The Employment Termination Requirements

Introduction Employers are required by law to give employees written policies before terminating a team member. Employers should make it plain to all workers what behavior will result in a dismissal without the customary amount of notice or compensation instead of information, given the needs of the employer’s business. The...

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Trade Unions in the Modern World

Introduction Trade unions have long acted as a means of uniting employees to protect their rights and interests. In an era of new business relationships, under the pressure of a fast-paced globalization process, the need for continued existence of trade unions is being called into question. Business and labor relations...

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Repetitive Injury Motions in the Workplace

Per California state law, employers are required to implement ergonomics to protect workers from repetitive injury motions (RMIs) in the workplace. The conditions geared to reduce the occurrence of RMIs among many employees include time requirements, medical prerequisites, the correlation between RMIs at the worksite, and job-associated causation. Even though...

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The Acas Code of Practice on Disciplinary and Grievance Procedures

The law should protect employees from all types of legal violations caused by the employer or the work environment, and employers’ rights should be recognized. According to Thompsons Solicitors (2017), workers in the United Kingdom are protected against being fired or arbitrarily selected for redundancy by the Employment Rights Act...

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Unionization in Fast-Growing Manufacturing Organization

Introduction The development of fast-growing non-union manufacturing companies depends on many factors, and one of them is promoting a union organizing process. In the current scenario, employees start complaining about wages and working conditions. A decision to create a union is made to help workers and minimize organizational conflicts. This...

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The Law of Employment Status in the United Kingdom

It is critical to determine employment status so that both the individual and the employer are aware of their rights and duties. The importance of determining whether a person is an employee, worker, or self-employed is becoming evident, requiring expertise with complicated legislation and decades of case law for some...

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Right-to-Work Laws’ Paybacks for Employers and the State

A right-to-work state lacks laws compelling employers to join or pay dues and fees to labor unions. Georgia is an example of a right-to-work state. There are many paybacks a state or an employer gets from residing in a state that does not compel one to belong to a union...

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Vicarious Liability and Its Limitations in Employment Relationships

Introduction Vicarious liability is a state where an employer is held accountable for the torts committed by their employee in the course of employment against a third party. However, English law states that every individual should be accountable for their sown deeds, contrary to the vicarious liability where an individual...

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The Lilly Ledbetter Act: History and Effects

Introduction The Lilly Ledbetter Act is a law regulating fair wages for the country’s citizens. By its essence, the regulatory legal act guarantees employees’ protection from discriminatory remuneration methods. In particular, its importance, significance, and uniqueness lie in the simplified procedure for challenging unequal wages within the framework of changing...

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Major League Baseball and the Major League Umpires’ Association

Although American professional sports may be regarded as big business that presupposes the existence of labor disputes, the results of their settlement strongly depend on both parties’ actions. Major League Baseball (MLB) and the Major League Umpires’ Association (MLUA) had a long history of tension. At the end of their...

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Researching of Employment Laws

Introduction Employment law is an area of legal perspective that governs the employer-employee relationship. In the US, state and federal employment laws are meant to protect workers’ rights. When employers follow the employment laws, staff will not be discriminated against; they will rather promote health and safety. Additionally, when there...

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Minimum Wage and Wage Policy: Article Summary

The concept of minimum wage has been a crucial part of the payment framework used in the business setting. However, previously designed to address the issue of poverty and prevent the cases of employers refusing to meet staff members’ basic needs, the notion of minimum wage may have lost its...

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Americans with Disabilities Act of 1990

Americans with Disabilities Act of 1990 (ADA) is a legal act that impacts the relationships between employees with disabilities. According to ADA, the employer has to make his decision solely based on the job-related skills and knowledge of a candidate. There are numerous instances where a health condition can hinder...

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Constructive Dismissal in Employment Law

Introduction Employment law recognizes constructive dismissal as a reason why an employee may seek legal action against their employer. Constructive dismissal, which is also known as constructive termination, is whereby an employee resigns due to their employer’s conduct or misconduct. If an employer creates a harsh working environment such that...

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Trade Unions: Importance in the Modern World

Introduction Unity among employees is crucial for their economic empowerment and community development at large. Social institutions like labour organizations enhance unity and drive society towards achieving its goals. Globalization and revolution in agricultural and other sectors have led to the establishment of large corporations crucial for the economy. Although...

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The Employment Law in the UK: Analysis

Introduction Employment law covers many employment-related concerns, emphasizing the processes and policies businesses might enact. Employment law might first look varied and complex for company owners who must adhere to UK employment rules while operating their daily operations. Several employment laws have the same purpose: to protect companies, define their...

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Disparate Impact vs. Disparate Treatment at Work

Introduction Labor legislation is essential for regulating such a process as dismissal. Moreover, it is necessary to control the legality of actions on the part of both the employer and the employee. The establishment of offenses is needed to streamline the labor process and settle conflicts. Disparate impact and disparate...

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Equal Pay Act of 1963: History and Analysis

Introduction Before presenting historical facts and details regarding the specific law, one should highlight that the Equal Pay Act is the most essential and significant regulatory legal act prohibiting gender-based wage discrimination in the United States. Noteworthy, it is one of the few rules in American history aimed at minimizing...

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The National Labor Relations Act in Boeing’s Case

It is not uncommon for giant corporations to be accused by independent federal agencies of illegal acts of retaliation against union workers. The federal government lacks the legal power to stop a corporation from growing or constructing a new unit in another state (Magaldi & Sales, 2020). Unfortunately, that is...

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Railway Labor Act of 1926 and National Labor Relations Act of 1935

Due to their status within organizations, employees require protection against being exploited. Specifically, the opportunity to have their rights protected by the labor union represents an essential requirement in the workplace setting. In turn, employers should be provided with the guarantee of staff members refraining from disrupting the company’s performance....

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The Impact of Marijuana Legalization on Oklahoma Employment Law

Introduction The number of American states legalizing the use of recreational marijuana is on the rise. According to Cork (2022), local communities in the affected jurisdictions are struggling with a variety of regulatory obstacles, such as safe use in specific environments, such as workplaces. Because the cannabis industry is extremely...

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Americans with Disabilities Act Misapplication at Amtrak

Americans with Disabilities Act (ADA) is an equal employment opportunity law passed in 1990 so that disability would not be used as a reason for discrimination in employment. However, ensuring the proper application of the ADA in various organizations across the country has proved challenging, as evidenced by the considerable...

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The Wagner Act’s Impact on Workers’ Rights

Wagner Act was adopted in 1935 and was one of the most important labor acts that were passed during the 20th century. The Act was the product of the effort of Senator Robert F. Wagner, who believed that lower-income groups should be provided with economic security and safety (FDR and...

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Title VII of the 1964 Civil Rights Act

Title VII is a specific section of the 1964 Civil Rights Act that addresses inequities in relation to the workplace. “Amended by the 1972 Equal Employment Opportunity Act,” it prohibits employees’ discrimination on the basis of race, ethnicity, gender, religion, national origin, and pregnancy, identifying this practice as illegal (Dessler,...

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Workplace Conflict and Employment Laws

Introduction Grievances are common in employment relationships, and understanding government regulations and dispute resolution approaches is key to achieving stability. Organizations face multiple challenges, such as labor cost that motivates unfair employee treatment. The employee and employer can address such issues to benefit both parties and ensure fairness. This case...

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Problems of Working with Disabled People

John was a local gimp, lived there all his life, and was a prominent member of the community. John has been diagnosed with Bipolar Disorder, Attention Deficit Hyperactivity Disorder, and Commentary Stress Disorder. He also had hearing problems and permanent brain damage. The Gympie Regional Council received hundreds of unsubstantiated...

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The Faragher v. City of Boca Raton Legal Case

Summary of the Case The example under consideration is Faragher v. City of Boca Raton, that had been made the decision by the Supreme Court of the United States on June twenty six, 1998. It entailed the use of Title VII of the Civil Law Act of 1964, which brings...

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Equal Pay and Pay Discrimination

Even though equality is valued today, pay discrimination can still be found. The article “Equal Pay Claims: Mediation and Settlement Practice Tips” by Angela Reddock-Wright focuses on this legal issue and offers useful comments. In the beginning, the author covers the history of equal pay legislation and focuses on the...

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“Mueller v. Oregon” by Nancy Woloch: The Labor Law Case

Labor in the time of the industrial revolution differed greatly from the modern times. From many points of discussion, the conditions under which people were expected to work were inadequate. The wage-earners were malnourished, poorly dressed, and housed in miserable shacks. Such conditions logically led to discussions about legislation that...

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Immigration Laws v. Labor Laws: Wage Theft

The National Labor Relations Act (NLRA) was ratified in 1935 to guarantee the employees’ rights and protect them against employers who imposition unfair labor. Immigrant employees have the same rights under NLRA as citizens of the US and are supposed to be protected from wage violations, namely wage thefts, and...

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Against the Exploitation of Child Labor

Child labor remains a significant problem in today’s world: it this applies to developing countries and is present in industrialized countries as well. According to the United Nations International Children’s Emergency Fund (UNICEF), 140 million working children in the world are hired in work that inhibits their development and education...

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The Federal Employment Association Law

The national employment association law of 1935 openly stated that the main objective of the United States of America is to foster joint negotiations by safeguarding employees’ complete liberty of organization. As indicated in the National Labor Relations Law, personnel in private entities had the inherent opportunity to demand proper...

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“At-Will” Employment: Definition, Advantages, and Disadvantages

“At-will” employment means that an employer can fire an employee at any moment, and an employee can leave a position for any reason with no legal ramifications. This arrangement can give both employer and employee flexibility but result in job or staffing shortages. After examining the advantages and downsides of...

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Human Resource Management and Its Significant Regulations

Human resources management is an integral part of the development and existence of the business and the company’s economy. It includes strategies and solutions to improve workforce management in any working structure. Legislation is often supplemented by regulations that improve certain mechanisms in this area. The purpose of the work...

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Human Resource Regulations: Working Hours and Minimum Salary

Responsible Entities Country The entity responsible for managing human resources in the country Name Link Saudi Arabia Ministry of Human Resources and Social Development in Saudi Arabia hrsd.gov.sa UAE Ministry of Human Resources and Emiratisation (MOHRE) www.mohe.gov.ae Sweden Swedish Public Employment Service (SPES) www2.arnes.se Germany La Direction de l’Animation de...

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Labor and Employment Law

Provisions of the Family and Medical Leave Act of 1993 The law requires that the covered employers provide employees with job security and unpaid leave for medical and family reasons. The Act permits employees to attend to family emergencies such as foster care and pregnancy-related cases that keep an individual...

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Contract Law: Consideration, Restitution, Fraud

Consideration Within the framework of contract law, consideration is the notion responsible for outlining the link between the benefit received by the promisor and a service or product that is given up by the promisee in return. There is an alleged certain price that one would have to pay in...

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The Employment-At-Will Doctrine: Practical Usage

Introduction Since its advent, the doctrine of at-will has been an employment principle in the United States, which has continuously received mixed reactions, making it a controversial principle of employment (Dannin, 2007). In the United States, numerous states have presumed that all employment contracts are subject to the at-will doctrine....

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Sexual Harassment in Workplaces

Introduction Sexual harassment is a major challenge that many employees face in their workplaces. It is unethical and illegal to harass a person because of their gender. Sexual harassment occurs in numerous forms that include unwelcome sexual advances, inappropriate touching, and the use of language that is of a sexual...

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The Employment-At-Will Doctrine: Overview

The Employment-At-Will Doctrine allows the employer to sack or alter the terms of employment of an employee at any time without prior communication with no legal responsibility. In the same way, an employee can terminate his/her services at any instant, without consulting with the employer at no legal consequences. Although...

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Influence of External Sources of Employment Law on Employer Directives

Introduction The employment correlation is a lawful concept broadly accepted in countries around the globe to refer to the link between the employer and the employee. The former works for the latter under distinct conditions for remuneration. Through this link, the mutual rights and obligations are created between the employee...

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UAE Labour Law and Relations in the Aviation Industry

Executive Summary This paper gives a stringent analysis of the UAE carriers, which are among the fastest growing airlines in the world. According to the analysis, the airlines are employing all the strategic requirements in addressing the needs of the external environment. However, the industry has some deficit in addressing...

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The Sex Discrimination Act 1975

Introduction Since ancient times women are always considered the inferior sex. It is the mark of a progressive society to bridge the gap and to elevate the status of women in society. In the United Kingdom one of the best examples of progress in the area of gender relations is...

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Free Movement of Workers in the EU Single Market

The ECJ has utilised case law in order to add meaning to freedom of movement of workers. The concept of objective justification was put into practice in the case of Martinez Sala vs Freistaat Bayern ECR 1 2691 [1998]1 (Bernard, 2007, 68). The plaintiff was a Spanish citizen who had...

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Occupational Safety and Health Administration

Introduction The Occupational Safety and Health Administration was formed by the United States Department of Labor to prevent work-related injuries, illnesses, and deaths and to enforce rules to ensure that these standards are being held. According to the OSHA website, since its inception work-related deaths have been cut by 62%...

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Employee Customary Benefits in France, Canada, and the US

The first challenge that any firm can face when being introduced to the global market is recruiting and managing a competent workforce. Every nation has its own regulation on taxation, immigration, employment, and pension benefits. In some cases, rules applied to locals differ from those for expatriates. The author of...

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China’s Legal System: Crime and Punishment

Introduction Since 1978, the economic reforms that were undertaken by China gave rise to a very huge wave of crime. In the year 1950,513416 crimes were recorded in the People’s Republic of China. The figure eventually dropped to 57,482 crimes by the year 1952.Since the reforms; the crime rate has...

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Safety in the Workplace

Abstract Laws on workplace safety are responsible for establishing the rules and regulations, which are aimed at getting rid of personal injuries and sickness in the workplace. The laws of different countries constitute federal and state statutes. The federal laws may overlap or contradict. OSHA or Occupational and Safety Health...

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Americans With Disabilities Act and Affirmative Action

Introduction Disabled Americans constitute one among the largest American minority group coming under the category of special population. Even though the disabled people have physical limitations, they often argue that they can do any kinds of jobs handed over to them by the employers with equal efficiency. The exact number...

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Labor Unions in Today’s Global Economy

Introduction One great man in history, Confucius, made a very strong but wise statement about knowledge. He stated, “The essence of knowledge is having it to use it, not having it to confess one’s ignorance” (Jones, 2004). He may be long dead but the modern society seems to be still...

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Employment Law. Civil Rights Act and Sexual Harassment

Title VII of the Civil Rights Act forbids unfair treatment of employees on the basis of sex, religion, color, nationality, or race. It also forbids the unfair treatment of an employee because of his or her association with individuals of certain sex, religion, color, nationality, or race. It also forbids...

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Employment Law in Detail

Introduction Governments use legal systems to design, implement, and enforce laws in an attempt to regulate the behaviors of their citizens and institutions. Societies that have appropriate laws find it easier to promote peace and prevent cases of injustice or oppression. One of the fields that have benefited significantly from...

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Family and Medical Leave Act

The FMLA stands for the Family and Medical Leave Act – a labor law that was passed in the United States in the 1990s and is effective till this day. The Family and Medical Leave Act is recognized as one of the commonly discussed topics in HR management because it...

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Legal Employment Relationship in Modern Australia

Government plays a very crucial role in employment relations by formulating the legal framework upon which employment relations operate. An appropriate employment relation legislation entails recognition of both employers and employees’ requirements. Both the employer and the employee gain and rely on each other. This simply attributes to equal bargaining...

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Workplace Sexual Harassment and Public Law

Definition of Sexual Harassment Sexual harassment refers to conduct that is sexual but is unwanted. The harassment may take a verbal, non – verbal, mental, visual or physical perspective. First, this may be on plausible grounds to be regarded by the one receiving it as a case whereby their employment...

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