Why Do Age Discrimination Laws Only Protect Those Over Age 40?

The Age Discrimination in Employment Act (ADEA) is one of several federal labor laws that prohibit discrimination in the workplace. The ADEA, as its name implies, prohibits employers from firing, refusing to hire, or otherwise discriminating against employees because of their age. But the ADEA doesn’t protect everyone from discrimination based on age—only employees who are 40 years old or older. Fortunately for younger folks, some states do offer broader

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Attention California: Independent Contractors May Become Employees in 2020

California businesses that rely on independent contractors for their workforce face significant compliance changes and challenges after the passage of California Assembly Bill 5 (“AB 5”), which codified the California Supreme Court’s Dynamex decision and is set to take effect on January 1, 2020. Essentially, AB 5 makes it more difficult for companies to label workers as independent contractors because the presumption is that a worker is an employee, not

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Why Do Age Discrimination Laws Only Protect Those Over Age 40?

The Age Discrimination in Employment Act (ADEA) is one of several federal labor laws that prohibit discrimination in the workplace. The ADEA, as its name implies, prohibits employers from firing, refusing to hire, or otherwise discriminating against employees because of their age. But the ADEA doesn’t protect everyone from discrimination based on age—only employees who are 40 years old or older. Fortunately for younger folks, some states do offer broader

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My Employee Worked Off the Clock. What Do I Owe?

In the digital era, it’s easy for employees to work anytime, anywhere. Tools like smartphones, laptops, and tablets all help to boost employee productivity, however, they can also ride a delicate line concerning employee hours and wages. Employees who work off the clock, for example, may claim that they should be compensated for the time they spend checking and responding to email or voicemail, not to mention performing a host

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Is Your Company Breaking These 4 Labor Laws?

Business owners must comply with a variety of federal labor laws. Though many small business owners think that these laws only apply to large corporations, many federal labor laws apply the moment that a business hires its first employee. Companies that violate labor laws may face fines, lawsuits, or even criminal prosecution.   Read on for an overview of four federal labor laws that every business should know and follow.

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Are Implied Contracts Legally Binding?

Joe works as a senior manager at a car dealership, and Bob works as a salesperson at a competing dealership. They met at an industry business function, where they discussed their shared passion for cars and talked extensively about what they hoped to achieve at work in the next few years. As Joe was leaving, he said to Bob, “We could really use someone like you at our shop. You’d

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Breaks and Meals by State

  Know your state requirements State Break Requirements Meal Requirements Information Alabama Not Required for employees 16 or older. Employees age 14–15 require an unpaid 30-minute meal/rest break if working 5 continuous hours. Not Required for employees 16 or older. Employees age 14–15 require an unpaid 30-minute meal/rest break if working 5 continuous hours. Federal Law Applies: Breaks lasting less than 20 minutes are required to be paid and are

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What Employers Need to Know About Federal Labor Laws on Unionization

Dissatisfied employees may want to form a union due to certain situations: unions may be viewed as a solution when employees want to improve their working conditions, seek protection from layoffs, or earn higher wages. But unions aren’t always welcome in the workplace.   If you are an employer, how can you respond when employees want to form a union? You can take several steps before employees elect to unionize

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Understanding California's AB 5 Bill

Businesses must make many careful and considered decisions in the wake of California Assembly Bill 5 (“AB 5”), the complex and expansive new law that could drastically disrupt the business landscape in California and throw into doubt the status of millions of its workers, particularly those in the “gig economy.” The new law requires a narrower interpretation of the employee/independent contractor classification test than the decades-old standard, and it potentially

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Employee Drug Testing Requirements and Medical Marijuana

Many employers prohibit the use of drugs in their workplace, and some companies go so far as to test prospective and current employees for drug use. But drug testing is a complicated topic because it is largely regulated by state labor laws. That means that each state can approach drug testing differently, creating headaches for employers who operate in multiple states.   Generally speaking, employers can test job applicants for

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What Employers Need to Know About Meal Periods and Rest Breaks Under New York Law

New York labor laws include several important employee meal period and rest break requirements for employers to understand. Employers in New York who fail to comply with these rules subject themselves to liability, including penalties, under the state’s wage and hour laws.   Here is a summary of what New York law requires of employers when it comes to employee meals and rest breaks.   Meal Periods Under New York

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