The ABC test is 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...
employment law
(Wex page)
Administrative law judges (ALJ) (not administrative judges) are executive judges for official and unofficial hearings of administrative disputes in the Federal government. Because they only hear administrative law issues as designated in the...
(Wex page)
Affirmative action is defined as 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...
(LIIBULLETIN preview)
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...
(Wex page)
A bona fide occupational qualification or BFOQ is an affirmative defense to discrimination prima facie. Bona fide occupational qualifications can be made for national origin, religion, and sex.
42 U.S. Code § 2000e-2 allows...
(LIIBULLETIN preview)
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...
(Wex page)
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...
(Wex page)
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...
(Wex page)
Health maintenance organizations (HMO) are a popular type of medical insurance provider, characterized by their limited costs and eligible service provider system. HMOs provide medical insurance with low periodic premiums in exchange for only...