Employment Law Information Center
Scott, Kinney, Fjelstad & Mack, Attorneys at LawRepresenting Injured and Disabled Workers and IndividualsScott, Kinney, Fjelstad & Mack, Attorneys at Law in the Seattle and Puget Sound area is committed to providing every client with the most sophisticated representation possible. As a service to our clients and to visitors to this site, our attorneys have provided the general information below on employment law. There are unique aspects to every legal issue. It is important that you speak with a well-qualified lawyer about the application of the law to your specific situation. Please contact Scott, Kinney, Fjelstad & Mack, Attorneys at Law to protect your rights. Employment Law for Employees - An OverviewEmployment law covers the relationships between employers and their employees, as well as their potential employees and former employees. Both federal and state laws control various aspects of the employer-employee relationship, and each side's rights and obligations. Because of the complexity of the employment relationship, this area of law involves issues as diverse as discrimination claims and record-keeping, taxation and workplace safety. There are also different types of employment relationships. Employment relationships can be based on a contract, or they can be "at-will." If the employment relationship is based on a valid contract entered into by the employer and the employee, the terms of that contract will govern the relationship. By contrast, an at-will employment arrangement can be terminated at any time, with or without reason, by either the employer (as long as the reason does not constitute illegal discrimination) or the employee. With all these factors to consider, it is clear why employment law is such a complex area. If you have an employment law concern, contact an experienced employment law attorney who can provide sound advice and skilled representation in a range of workplace-related matters. Independent ContractorsIndependent contractors perform compensated work for businesses and individuals, but they are not considered to be employees. This non-employment relationship is based on an oral or written agreement between the business and the independent contractor. This contract may provide specific standards for the work product and establish the pay rate for that work. Businesses that hire independent contractors generally do not withhold federal or state income taxes or Social Security taxes from payments to independent contractors, and they do not maintain unemployment or workers' compensation insurance for those workers. Most independent contractors, therefore, need to make their own quarterly tax payments. Privacy Issues at WorkTechnology is a boon to business, but it also raises complicated issues of privacy in the workplace. The vast majority of businesses use computers, and technology has enabled employers to monitor nearly every aspect of workplace communications involving employees' computer and telephone usage. Indeed, many companies take advantage of technology to monitor their employees' use of the Internet and email. When an employee has a reasonable expectation of privacy, however, such as with a physical space like a locked office, the employee may receive privacy protection. Drug testing by an employer, on the other hand, when the testing is reasonable and not a highly offensive intrusion, is usually acceptable. UnionsUnions exist for the sole purpose of representing the interests of workers, especially in collective bargaining with employers. Collective bargaining is the process of negotiation between the employer and the labor union representatives to determine the key conditions of employment. The result of these efforts is the collective bargaining agreement. This collective bargaining agreement is a contract that is the starting place for resolving conflicts between the employer and its employees. Collective bargaining and union organization is governed by the federal National Labor Relations Act (NLRA). The Hiring ProcessApplicants for employment positions have rights whether or not they become employees. Under federal law, it is illegal for an employer to discriminate in its hiring process based on race, national origin, gender, pregnancy, age, disability or religion. State and local laws may specify additional protected classes based on categories such as sexual orientation. Employers must abide by anti-discrimination laws at each stage of the hiring process, from placing the ad to interviewing and the final selection of the candidate. There are few exceptions to these rules, but an employer may discriminate on some bases if a bona fide occupational qualification (BFOQ) exists. A BFOQ can be based on a reasonable and necessary job requirement, but this is a narrow exception.
|
