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Employment Law

Labor Unions
Many claims of breach of the duty of fair representation stem from a labor union's refusal to pursue a grievance on behalf of a union member. Despite the prohibition of invidious or hostile discrimination in representing its members, labor unions have significant leeway in the way they represent their members, including the handling of grievances. A union has the discretion to determine whether a grievance of one of its members is in fact meritorious or not. Dissatisfied union members whose unions have decided adversely to the members as to the merit of their grievances may bring lawsuits against the union for breach of the duty of fair representation. More...
State Laws Protecting Employees from Age Discrimination
The Age Discrimination in Employment Act of 1967 (ADEA) is a federal law prohibiting employers from discriminating against employees on the basis of their age. Pursuant to the ADEA, most American employers with 20 or more employees are forbidden from discriminating against employees who are 40 years or older, based upon their age, in the following type of decisions. More...
Wage and Hour Division of the Department of Labor
Background More...
Privacy - Personnel Files - Collection & Access
One of the major issues surrounding privacy rights is the information gathered and shared by employers. At the top of this list of issues is the maintenance and use of personnel files. Additionally important, however, are workplace practices surrounding polygraph testing, drug testing, computer and telephone monitoring, and interference with personal lifestyle. More...
Protected Activities under the National Labor Relations Act
The National Labor Relations Act of 1935 (NLRA) was passed to guarantee employees the right to join labor unions and to have the unions negotiate the terms of their employment with their employers. In addition to guaranteeing rights to employees, the NLRA prohibits certain activities by employers and unions. More...

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