Employment Law – As It Pertains to Confidentiality

The normal law governs the relationship between employer and employees with regards to contract and tort duties. These rules certainly are a part of agency law and the relationship between Principle (employer) and Agent (employee). Occasionally, however, not all, this law has been replaced by statutory enactments, on the Federal level principally. The total amount and working relationship between employer and employee is affected by government regulations greatly. The terms of employment between management and the employee is regulated by federal statute designed to promote employer management and welfare of the employee. Federal law also controls and prohibits discrimination in employment based on race, sex, religion, age, handicap or national origin. In addition, Congress in addition has mandated that employers provide their employees a wholesome and safe environment to work in. All states have adopted Worker’s Compensation Acts that provide compensation to employees that have been injured during the course of their duties for the employer.

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As I above mentioned, a relationship that’s closely linked to agency is the employee. and principle-independent contractor. In the employer-employee relationship, also called the (master-servant relationship), the employer has the right to control the physical conduct of the employee. Somebody who engages an independent contractor to accomplish a specific job doesn’t have the right to control the conduct of the independent contractor in the performance of their contract. The contract time to get the job done is dependent upon the employer’s timeframe to complete the required task(s), or job. Keep in mind that the employer may be held liable for the torts committed by an employee within the scope of their employment. In contrast an employer is not liable for torts committed by an independent contractor ordinarily, but there are times when the employer could be held liable for the acts of the independent contractor. Know your laws governing hiring an individual being an independent contractor.

Labor law is not actually applicable to your practice of Chiropractic in a practice setting. We will focus on employment and discrimination law. There are a number of Federal Statutes that prohibit discrimination in employment based on race, sex, religion, national origin, age and handicap. The main framework of Federal employment discrimination law is Title VII of the 1964 Civil Rights Act, however the Equal Pay Act also, Discrimination in Employment Act of 1973, the Rehabilitation Act of 1973, and many Executive Orders. In every full cases each state has enacted laws prohibiting exactly the same discriminations as Federal Statutes.

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Equal Pay Act: This act prohibits an employer from discriminating between employees on the basis of sex by paying unequal wages for exactly the same work. The act also forbids the employer from paying wages for a price significantly less than the rate of which he pays for equal work at exactly the same establishment. After the employee has demonstrated that the employer pays unequal wages for equal work to members of the opposite sex, the responsibility of proof shifts to the employer to prove that the pay difference is situated upon the next:

1. Seniority system

2. Merit system

3. A operational system that measures earnings by quantity or quality of production

4. Or any factor except sex.

Remedies can include recovery of back pay and enjoining the employer from further unlawful conduct and or sizeable fines.

Each one of the following could constitute a violation prohibited by the

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Act:

1. Employer utilizing a proscribed criteria in making an employment decision. Prima Facie evidence would show, if the employee was inside a protected class, requested an open position and was qualified for the positioning, was denied the working job and the employed continued to attempt to fill the positioning. Once these criteria’s are established, the responsibility of proof shifts to the employer to justify a nondiscriminatory reason for the individuals rejection for the work.

2. An employer engages in conduct which appears to be nondiscriminatory or neutral, but continues to keep past discriminatory practices.

3. The employer adopts rules, which are adverse to protected classes, which are not justified to be necessary to the practice business. The enforcement agency is the Equal Employment Opportunity Commission (EEOC). It has the right to file legal actions, resolve action through mediation, or other means ahead of filing suit. Investigate all charges of discrimination and issue guidelines and regulations concerning the enforcement policy of discrimination law.

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The Act provides three defenses: A bona fide seniority or merit system, an occupational qualification or a developed ability test. Violations of the act include: enjoining the employer from participating in unlawful conduct, or behavior. Affirmative action and reinstatement of employees and back wages from a date not more than two years prior to the filing of the charge with the EEOC.

Age Discrimination in Employment Act of 1976: This Act prohibits discrimination in hiring, firing, salaries, on the basis of age. Under Title VII it address each one of these areas and ages, but it is benefits individuals between your ages of 40-70 years especially. The language in this act is substantive for individuals between 40-70 years of age. The defenses and remedies are the same as the Civil Rights Act of 1964.

Employee Safety: In 1970 Congress enacted the Occupational Safety and Health Act. This Act ensured that every worker have a healthful and safe working environment. This Act established that OSHA develop standard, conduct inspections, monitor institute and compliance and enforce actions against noncompliance.

The Act makes each employer to supply a work environment that is free from recognized hazards that may cause or likely to cause death or serious physical injury to the employees. In addition, employers are required to comply with specific safety risks outlined by OSHA within their regulations and rules.

The Act also prohibits any employer from discharging or discriminating against an employee who exercises his rights under this Act.

The enforcement of the Act involves inspections and citations for the next:

1. Breach of general duty obligations

2. Breach of specific safe practices standards

3. Failure to help keep proper records, make reports or post notices required under this Act

When a violation is discovered, a written citation, proposed penalty, and corrective date are given to the employer. Citations might be contested and heard by an administrative judge at a hearing. The Occupational Safety and Health Review Commission can grant a review of an administrative law judge’s decision. Or even, than the decision of the judge becomes final. The affected party might appeal your choice to the united states Circuit Court of Appeals. Find more information related to employment layer, employment laws and why you need employment lawyer, read this https://www.hg.org/employ.html.

Penalties for violations are both civil and criminal and could be as high as $1000.00 per violation per day, while criminal penalty be imposed as well for unlawful violations. OSHA may turn off an ongoing business for violations that create dangers of death or serious injury.

Worker’s Compensation: Most actions by injured employees against an employer are due to failure of the employer to utilize reasonable care under the circumstances for the safety of the employee. In such actions the employer has several well-established defenses available to him. They include defenses of the fellow servant rule. This rule does not make an employer liable for injuries sustained by an employee caused by the negligence of a fellow employee. If an employer establishes that the negligence of an employee contributed to the injury he sustained in the course of his employment, in lots of jurisdictions the employee cannot recover damages from the employer. Voluntary assumption of risk is the third defense. An employer generally in most jurisdictions is not liable to the employee for harm or injury caused by unsafe conditions of the premises if the employee, with understanding of the known facts and understanding the risks involved, voluntary inters into or continues in the employment of the employer.

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