Legal Aid Employment Law

Q. Can "flirting" represent sexual harassment?

The same could be said of flirting. What can be complimentary or flattering to one individual can be objectionable offensive, and terrifying to a different. 1 person may regard mild or flirting horseplay as innocent fun, and it may not be seen as objectionable at the time of their behaviour, but someone else might see it as competitive, insulting, and demeaning, or down the street it may be regarded as a member of a routine of a hostile atmosphere.

Q. Is it compulsory to notify authorities workers ahead of shooting them?

• There's a mass layoff (decrease of at least 33% of their workforce of 150 employees or more, or at least 500 workers in a workforce of any dimension) which requires 60 days notice to workers, unions and government officials

Q. Is a business required to provide health care, life and similar insurance coverages for its employees?

A. While it's not uncommon to supply these types of "employee benefit" coverage for workers, the law generally does not require a business to do so. Businesses provide these and similar advantages to attract and retain employees and as an extra type of compensation. Companies that employ unionized workers must provide whatever gains are required by the terms and conditions of their marriage contracts, and it also may be required to present particular types of employee benefits as a condition of doing business with or for agencies or specific governmental entities. Many states have opted to adopt legislation requiring employers that are of a size to give health insurance. Check with your state's insurance or labour department to see if your state has adopted such a law.

Q. Is there ever a time when an employer or potential employer can differentiate between two workers or candidates based on sex, religion, age, etc.. ?

Notice that requiring applicants for a job to fulfill specific qualifications is obviously an acceptable practice. However, the qualifications demanded must be demanded of all applicants; for example, a prospective employer can't ask one candidate fast forms, and hire a candidate. Furthermore, the credentials should actually be necessary for the person to satisfy the requirements of the job, and they can't discriminate against a particular group of people based on race, color, gender, etc.. As an instance, a company hiring construction workers, that must be able to lift and carry heavy objects can require candidates to be able to lift and carry things of that weight, but can't require the candidates to be men who will lift and carry heavy weight. A position would not, although the demands of building work will preclude someone confined to a wheelchair. If a job requires work on weekends, a potential employer can't ask a candidate if child care agreements or his/her faith prohibit weekend job, but can inquire whether there is anything that would prohibit weekend job.

Q. Can a foreigner work to get a U.S. employer whilst here on a B-1 business visitor visa?

A. No. The prominent characteristic of this category is that the alien can't engage in gainful employment in the United States. Crucial here is if the alien is going to be paid a salary from a U.S. company or otherwise engages in activity here which results in payment to the foreigner of a fee for services rendered here. Gray areas with this issue might become a problem for some company traffic from the category that is B-1. It's best to consult directly to ensure that one stays in status that is lawful and does not violate federal immigration laws.

Q. What constitutes sexual harassment at work?

(1) The victim in addition to the harasser may be a woman or a guy. The victim does not need to be of the other sex.