Law & Justic

Archive for the ‘Employment Law Claims’ Category

The anarchy and abhorrence of the 9/11 advance generated a beachcomber of arduous agitation amidst all the citizens of U.S. It was not an advancing adventure and the alarm and agony created from it will never be wiped out from our minds. There has been a abundant advance for the bent law studies in the nation lately. The abstraction of crime, abyss and amends arrangement constitutes the basis of a bent amends program. This blood-tingling and acceptable career can be acquired by belief the bent amends accessory amount programs which accept been provided by a amount of accepted universities and colleges.

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Are you paying attention to employment law requirements? If you aren’t, you should be. Not only are you required to follow specific regulations concerning employment law, but you are also required to notify your employees of their employment law rights by placing an employment law poster in a conspicuous place in your business where your employees will be likely to see it, such as an employee break room. There are eight basic Federal employment laws that you should be aware of and understand.

The first of these is Title VII of the Civil Rights Act of 1964. This employment law prohibits discrimination on the basis of race, color, religion, national origin and sex. In addition, sex discrimination on the basis of pregnancy and sexual harassment is also prohibited under this employment law.

Next, there is the Civil Rights Act of 1966. This employment law prohibits discrimination based on race or ethnic origin.

The Equal Pay Act of 1963 prohibits employers from paying different wages to men and women that perform essentially the same work under similar working conditions.
Most employers have heard of the Americans with Disabilities Act, but do not understand how this employment law can impact them. This law prohibits discrimination against persons with disabilities.
The Immigration Reform and Control Act of 1986 prohibits discrimination on the basis of national origin or citizenship of persons who are authorized to work in the United States.

The Age Discrimination in Employment Act, also known as ADEA, prohibits discrimination against individuals who are age 40 or above.The Equal Employment Opportunity Act prohibits discrimination against minorities based on poor credit ratings.The Bankruptcy Act prohibits discrimination against anyone who has declared bankruptcy.In addition to these employment laws, you are also subject to the following employment laws.The Occupational Safety and Health Act provides specific regulations regarding the safety and health conditions of employers and employees in all 50 states as well as the District of Columbia, Puerto Rico and other U.S. territories

not consider the scientific impossibility of ten tons of steel and titanium, the amount of material comprising the engines of the Boeing 757 that allegedly crashed into the Pentagon on September 11, 2001, being consumed in a kerosene jet fuel fire as incontrovertible evidence that a Boeing 757 did not crash into the Pentagon. Furthermore, if the sore lack of 757 aircraft wreckage and the dearth of remains of, what would inevitably be, a large quantity of engine material does not point to misrepresentations by the 9/11 Commission, what would? If it was a scientific impossibility for such a crash to yield almost zero wreckage of airframe and engine materials, and if the only conclusion that one could have drawn was that such an aircraft could not have crashed into the Pentagon, where, pray tell, are the alleged passengers that supposedly perished in the crash? Moreover, if a Boeing 757 did not crash into the Pentagon, as alleged by the Executive Branch of the U.S. Government, what doubt does that throw on the government’s allegations that terrorists in high-jacked commercial airliners were totally responsible for the collapses of the WTC towers?

If there is not one bold senator or representative in Congress willing to officially contest the findings of the 9/11 Commission, this republic is in serious trouble. If, perchance, charges were brought against the Speaker of the House for personally murdering an associate member of the House, supposedly at the same time he was standing in full view at the podium, presiding over the House chamber, I am doubly sure that at least one representative, of either party, would have the temerity to stand and refute the charges on the basis of the impossibility of the Speaker committing the act. Therefore, if at least one representative would be willing to challenge murder charges against the Speaker of the House, on the basis of incontrovertible evidence and, perhaps, out of mere political loyalty, why wouldn’t at least one representative rise to challenge the scientific impossibility of the 9/11 Commission Report? Have we gone so far astray from the principles of law and justice in this republic as to allow the Executive Branch of the federal government to deceive the nation with impunity?

The Agency Worker Regulations (AWR) have been introduced to protect “vulnerable” workers from exploitation by way of low pay or fewer employment rights than permanent workers. It is European legislation drawn up in Brussels where there is a much smaller flexible workforce than in the UK. Basically the legislation states that after 12 weeks on the same site (or at the same place of work) the agency (or temporary worker) is entitled to mostly the same hourly rate of pay and holiday entitlement as the permanent worker doing the same job.

The legislation doesn’t define “vulnerable” and so it applies to absolutely any agency or temp worker whether you are a labourer or a doctor.

As is always the case in the UK, we don’t know what this means legally until the first cases have been heard at tribunal, once judgement is made on a few cases we may have a better understanding of what is deemed a “vulnerable” worker.

Many temporary workers receive a higher hourly rate than their permanent equivalent and so do not necessarily gain anything from the legislation, although they may get a less favourable holiday entitlement. We will have to wait until a judge has decided if higher pay but fewer holiday’s breaches the AWR.

Some low paid, unskilled workers, the people the legislation is intended to protect should be concerned. Within the construction industry for example there is no inclination to increase pay rates of unskilled workers and there is plenty of supply in this area of employment. In this sector the thought is that end user clients will just dispense with the services of agency workers on 12 weeks service and request replacements. As long as the same person doesn’t get sent to the job again they will not be in breach of AWR. The legislation that was intended to protect these workers will actually be a detriment.

The definition of a temporary work agency has a wider scope in the AWR legislation and includes not just employment agencies (or work finders) but intermediaries such as Umbrella Companies and Offshore service providers.

AWR states that the genuinely self-employed are out of scope and the regulations do not apply, however in English law there is a type of person called a “worker” who is neither an employee, not genuinely self-employed. They can provide their services in a self employed capacity for tax reasons, but are considered a worker for employment law purposes.

In the past few months there have been many “solution providers” advertising their services as taking people out of AWR by making them self-employed. This will not work but agencies and end clients do seem to be falling for the ruse. The vast majority of these solutions are based on what is written in a contract but as we know from the case of Autoclenz v Belcher and Others, Employment Tribunals look past the written contracts and at the actual real world relationship to determine whether someone is an employee, a worker or genuinely self employed. If a person turns up on a site as they have been requested to do by name and they are instructed on what to do and how to do it, they are not going to be considered to be self-employed for the purposes of AWR.

Beware of these schemes and viewing them as a magic elixir.