Trade Adjustment Assistance

Although in general international trade provides vast benefits to the United States, some companies and employees can suffer adverse impacts from the competition imposed by increased imports. The Trade Adjustment Assistance programs (TAA), administered by the U.S. Department of Commerce and the U.S. Department of Labor, provide financial and training assistance to companies and employees who are negatively affected by increased international trade.

Age Discrimination Class Actions

Background

Personnel File Retention Requirements - The Fair Labor Standards Act

The Fair Labor Standards Act of 1938 (FLSA) was passed to eliminate detrimental labor conditions from the American workplace. The FLSA, which governs most employers engaged in interstate commerce, has four major components: a minimum wage requirement, overtime pay requirements, child labor restrictions, and record keeping directives.

Independent Contractor or Employee?

There are many important distinctions between the way that hiring parties must treat employees and independent contractors. For example, hiring parties must withhold payroll taxes for their employees, but not for independent contractors. Independent contractors are also not entitled to be covered by employer benefit plans. Although the differences in required treatment are great, the distinction between an employee and an independent contractor is not often so easily drawn. Thus, a hiring party that incorrectly classifies its workers can incur great legal liability.

Arbitration -- Labor Agreements -- Substantive Arbitrability

In addition to wages, hours, and benefits, one of the fundamental elements of the labor agreement between a company and a union is the procedure for filing a grievance. Grievance procedures refer to the process by which employers and employees deal with disputes over contract terms, disciplinary actions, and terminations. Based on the nature of the issue and the level of disagreement, these procedures range from simply filing a complaint to a full-blown lawsuit. Somewhere in the middle is arbitration.