Employment Newsletters
Punitive Damages under Title VII
Title VII of the Civil Rights Act of 1964 provides a legal remedy for employees or applicants who are discriminated against by the employers because of the employees' sex, race, color, religion, or national origin. Employees or applicants who suffer adverse employment actions like being fired, turned down for a job, or demoted for one of these reasons may seek to recover front pay, back pay, reinstatement to or placement in a position, or attorney fees. They may also, in certain cases, seek to recover punitive damages.
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Unemployment Insurance -- Financing -- Reserve Funds
A recent trend in the management of state unemployment insurance programs is the establishment of special accounts known as reserve funds. Reserve funds are the product of the desire to expand the services offered by state unemployment insurance programs as well as the long-term financial stability that some state unemployment accounts enjoy. The result is a cost-effective and low-risk way of improving the lives and the prospects of those individuals facing unemployment.
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Worker Adjustment and Retraining Notification Act
In 1988, Congress passed the Worker Adjustment and Retraining Notification Act (WARN) to ensure that most employees would be entitled to advanced notice of a plant closing or a mass layoff. Pursuant to WARN, a plant closing occurs when a facility is shut down for more than six months or when 50 or more workers lose their jobs during any 30-day period. A mass layoff usually occurs when either 500 or more workers or at least one-third of the employer's workforce is laid off during a 30-day period.
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Vicarious Liability for Torts of Employees
Normally, tort law requires the party causing the injury to compensate the injured party with money. Through vicarious liability, however, a party other than the one actually causing the injury is held financially responsible for the harm. Several policy arguments exist for the imposition of vicarious liability on seemingly innocent parties.
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Collective Bargaining -- Reserved Rights
Prior to collective bargaining, the only restrictions imposed on managerial authority were those emanating from statutes such as minimum wage and maximum hour laws. It stands to reason that the advent of collective bargaining would result in an effort by unions to modify those previously exclusive prerogatives. It is not unionization itself or even the requirement of collective bargaining that results in the employer's surrender of its previously comprehensive authority. Rather, it is the employer's effort to seek agreement that leads to the voluntary surrender of certain managerial rights.
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