can an employer treat employees differently?
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Under federal law (which is enforced by the Equal Employment Opportunity Commission, or EEOC), an employer can't treat employees differently due to their race, national origin, color, sex, age 40 or over, disability, or religion. ... Only differential treatment based on the protected category is barred by law.
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Salaried employees – those considered exempt – can take off a partial day for sick time and not have their pay docked, but when they take off a full day, their employer is entitled to deduct the equivalent of a full day's pay from their paychecks.
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The employer/employee relationship is based on a combination of contract (whether written or oral), common law and statute. The existence of an employment contract is a major factor in determining whether or not an individual is an employee or self-employed.
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In the case of a typical law firm, some attorneys are treated as partners, some attorneys are treated as employees (often, but not in all cases, labeled associates), and some attorneys are treated as independent contractors (often, but not in all cases, labeled Of Counsel attorneys).
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Employer Policy Nurses have, for the most part, some leeway when it comes to visible tattoos, but this isn't always the case. Some employers' tattoo policies are stricter than others. For instance, there are still facilities out there that do not allow their nurses to have visible tattoos or body piercings of any kind.
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If an employment contract or a workplace policy does not impose any obligations on an employer to provide an employee with a copy of his or her personnel file, an Ontario employee's request for a copy of same may be properly denied on the basis that an employer's file about an employee is considered to be the ...
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Although legal frameworks differ across countries, employers referred to similar obstacles during the consultations: uncertainty regarding rights and length of stay, the need for information on skills and matching, training and hiring costs and lack of business incentives, and problems with attitudes and expectations.
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In most jurisdictions, an employer can be vicariously liable for an employee's negligence but will not be liable for intentionally wrongful or criminal acts, such as assault, unless the employee's intentionally wrongful acts were either required by the employment or foreseeable.
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No. Temps and contractors as a rule are paid more than direct hires. However, the company usually doesn't have to pay any benefits.
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Just because you are a temporary worker doesn't mean you don't have any rights, although they will be different to those of permanent workers. You are still entitled to receive minimum wage, holiday pay and have the same health and safety and discrimination protection.
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It is a myth that non-competes can't be enforced against an employee and prevent the employee from working in a job that competes with their former employer. ... However, non-compete agreements are enforceable if they serve a legitimate employer interest and are not broader than necessary to protect this interest.
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In short, employers are not legally required to give workers paid time off, so if they do decide to offer PTO, they can often decide whether or not to pay it out at the end of a worker's tenure with the company.
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Rights of employees The ESA does not apply to independent contractors, volunteers or other individuals who are not considered employees under the ESA . An individual considered an employee may be entitled to rights such as: minimum wage.
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Yes. Changes in an employee's work schedule are within the discretion of the employing agency, as long as the changes are consistent with law, regulations, and any applicable negotiated agreement. In addition, agencies may require employees to perform overtime work.
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So the answer to whether an employer can enforce non-compete agreements against employees who are laid off, like many issues in this area of law, depends on the state, and in some instances how much the employee earns. In most states, however, the answer is generally yes.
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An employee is an agent for her employer to the extent that the employee is authorized to act for the employer and is partially entrusted with the employer's business. ... In general, employee conduct that bears some relationship to the work will usually be considered within the scope of employment.
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As independent employers contracted to the NHS, it was open to GP practices to set their own pay and contract conditions and/or eschew NHS pay and conditions. However, GP Employers still may not allow annual leave, sick pay and maternity leave etc with the rest of the NHS.