Employment

Employment Law Laws That Protect Employees In The Workplace

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In the nineteenth century and parts of the twentieth century, employees and employers were largely left to themselves to arrange a working agreement, including payment, work conditions, and so on. Employees had to trust that their employers would treat them fairly, and employers knew that if they didn’t treat their workers well, they might leave to work somewhere else. Although this arrangement worked well for many, during the industrial revolution, employees began to lose their leverage of leaving that kept employers in check.

During the industrial revolution, large factories rose up, employing workers by the thousands. Employers rarely had direct contact with their employees, and people akin to task masters oversaw the workers. Working conditions were harsh. If a worker showed up late to work, was in any way disorderly, or tried to unionize, he or she could be fired. Even children were hired and forced to work long hours in unhealthy environments.

And despite poor working conditions, long hours of arduous labor, and low wages, factory employees had nowhere else to go because most places of employment were the same. These difficulties were most often experienced by immigrants and the poor, and because they had no way to improve their situation, these workers had no choice but to work in these factories and other similar places.

Eventually, in the early twentieth century, the government passed a series of labor laws that helped rectify the poor working situation. These laws established minimum wages, work environment regulations, and union rights. And throughout the century, more laws were periodically passed that made illegal any discrimination (based on gender, religion, age, and so on) against employees.

Because of the sufferings of thousands in those prior years, employees today enjoy the benefits of being guaranteed certain rights. Unfortunately, some employers are still found guilty of disobeying these employee-protection laws.

Today, the most common breach of employee rights is discrimination. Some employers may even inadvertently discriminate against employees based on age, gender, race, religion, or disability. But inadvertent or not, discrimination in the workplace is illegal. One of the only exceptions is discriminating against disability. If a job cannot be performed with reasonable accommodation by a person with a disability, the employer retains the right to not hire that person. Of course what is considered “reasonable” is something of a gray area, but the exception is meant to ensure that employers aren’t forced to hire someone who can’t perform the job.

Another common type of discrimination is based on age. Many have the misconception that someone who is older may not be as good a worker as someone who is young. However, if an elderly person meets all of the requirements of job, he or she must be seriously considered on equal footing with other candidates.

In regards to the payroll, gender discrimination is quite common. In general, women are still paid less than men for performing the same jobs. Although this disparity in pay is becoming smaller and is not as bad as it was just a few decades ago, in general, women are still paid less. The problem in detecting this type of discrimination is that people are often prohibited from discussing income with their coworkers, and many people don’t know what is considered fair pay for their jobs.

Another all-to-common illegal occurrence in the workplace is sexual harassment, particularly toward women. Sexual harassment can range from derogatory or sexual comments to receiving promotions based on sexuality to unwanted forceful actions. And sexual harassment is illegal not only if it comes from an employer but from a coworker as well. Unfortunately, in many cases of sexual harassment, the victims are either too embarrassed or scared to come forward and take legal action against the guilty party.

And although discrimination and harassment are illegal, when people take legal action against their employers on the basis of discrimination, feelings of tension or anger may exist between the two parties. And although there may not be much a person can do to resolve the tense atmosphere, employees can rest assured that if an employer attempts to discharge our fire them because they filed a charge of discrimination, the employer will face additional legal charges.

Employers also cannot legally retaliate against those who take protected leave under the Family Medical Leave Act or who file a workers’ compensation claim. Such retaliation is illegal so that employees will not be threatened or discouraged from filing legal charges.

Sometimes employees find it difficult to prove that they are being discriminated against or they may not be entirely sure what legally qualifies as discrimination or unfair treatment. In these cases, an employment attorney can be helpful. Employment attorneys specialize in labor laws and are familiar with past employment law cases, which can help you better understand your rights and determine if you should take legal action against an employer. And whether you’re looking for a Houston employment attorney or one elsewhere, you should research the attorney’s qualifications and experience before hiring one to advise or represent you.

Labor and employment laws were created after years of worker oppression and in response to employees’ demands for fair and equal treatment. Because of these laws, employees are no longer required to work obscenely long hours for little pay, work in unsafe environments, or suffer from harassment and other abuses. Because of these laws, working conditions have drastically improved, and with the current legal system, employees have a means to constantly evaluate, analyze, and continue to improve working conditions in a way that ensures they can do their best work without fear of oppression or discrimination.

Get Upward On the web Teaching Employment and earn Income Quickly

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The actual popularity associated with world-wide-web has had the particular getting regarding information incredibly. When we believe regarding schooling and learning what arrives to our mind is often a traditional school room program exactly where your pupils meet their particular educators along with acquire information. Using the advent of web it has received a new face. Currently, learning process can easily happen more than the net. The teacher as well as the college student may well be in two distinctive parts from the planet. Any personal computer with web link, internet camera and headphone as well as the just resources needed for your school space.

This kind of method regarding on the net training provides wide open fresh views within the area regarding work. Those who are generally thinking about starting to be lecturers is now able to simply start their career by sitting from their own home. It is quite uncomplicated to sign up into this specific job. There are actually numerous on the web sites that may assist that you sign-up your self. When you get your licence it is possible to start training.

A lot of from the agencies in which give you a licence to begin instructing stresses for the qualification one calls for. The actual training course additionally is dependent upon your type regarding college students which you are likely to educate. Some companies want their workers to get degree though others will need just a degree throughout teaching or even several certification involving similar mother nature. Those that would like to educate undergraduate pupils are generally required for you to possess a master’s degree in your subject. Encounter within the field of teaching is an additional benefit.

When you sign upwards with an company they will provide you with a couple of suggestions that you can need to follow. You are going to need to total the number of teaching hrs given through the company. The particular salary can be commonly significant as well as you can constantly negotiate this together with your workplace. But after you begin anyone job it really is usually necessary to pick the age group of the pupils which you are usually comfortable together with. This can aid you to have on your career efficiently along with effectively.

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Book Review The General Theory Of Employment Interest And Money by John Maynard Keynes

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It seems that most editorials about John Maynard Keynes are have an tremendous political slant and are generally done by those who have never even read this book. Primarily they are against his core conclusion that broadened government participation is required in the economy for stabilization functions. The key to comprehending Keynes is the idea that at unique times in the business cycle, an economy can become over-productive (or under-consumptive) and consequently, an agressive spiral is started that results in considerable layoffs and cuts in production as businesses try to balance aggregate supply and demand.

Thus, full employment is simply one of several or multiple macro equilibria. If an economy reaches an underemployment equilibrium, something is necessary to enhance or spark demand to generate full employment. This something could possibly be business investment but The General Theory Of Employment states because of the logic and unique characteristics of investment choices, it is less likely to rapidly reestablish full employment.

Keynes logically seizes upon the public budget and government expenditures as the shortest way to restore full employment. Borrowing the money to fund the deficit from private households and businesses is a fast, direct approach to restore full employment while at the same time, redirecting or transfering off the funds from the private sector which prompted the over-production in the first place. This book is essential to understand modern economics.

There are many things The General Theory Of Employment and Keynes was right about as well as completely wrong about. However, understanding his perspective is important when weighing alternative viewpoints. It is also important to compare his ideas with the actions of governments. You will at times see massive deviations from his theory into areas that he never suported to such extent that he wrote an open letter to FDR protesting his actions while trying to recover from the Great Depression.

About the Author: Walter provides over a decade of market information, economic knowledge and other great book reviews on his website http://bidhitter.com.

Copyright 2010 BIDHITTER

Employment Law – Excessive Working Hours – Breach Of Duty Of Care

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n the case of Mark Hone v Six Continents Retail Limited (2005), a pub landlord having collapsed due to overwork successfully sued his former employers in the County Court for breach of duty of care.

Mr Hone, the claimant, started working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 was awarded “Pub Manager of the Year”. However, in 1999 he started working at The Old Moat House where he found himself working 13 hour days.

He repeatedly complained to his employers that he was overworked but the employers took no action. He had no assistant manager and other staff members, who left, including two chefs and an administrative worker, were never replaced.

Mr Hone, who had refused to sign a clause opting out of EU legislation that limits the number of hours an employee works, began suffering from headaches and insomnia. In May 2000, he collapsed at work suffering from an anxiety disorder. In 2004, Mr Hone sued Bass for breaching the duty of care owed to him as an employee.

The first instance court ( Swansea County Court ) held that:

Bass had not taken reasonable steps to ensure that Mr Hone did not work over 48 hours, which was likely to cause injury to his health, and that resources were available to employ more support staff for him; and
Bass should pay Mr Hone 21,000 in damages.
Six Continents (formerly Bass) appealed this decision to the Court of Appeal who upheld the Swansea County Court’s judgment.

Comment: This case highlights the importance of not imposing excessive working hours on employees and ensuring that employees have sufficient staff support.

If you require further information contact us at

RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Employment Prospects For Accountants And Cpas

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According to the Bureau of Labor Statistics (BLS) website, “Accountants and auditors held about 1.3 million jobs in 2008.” (As of December 17, 2009, these were the latest statistics available.)

As with many other careers, accountants and auditors worked throughout private industry and government. Of these, about 24% worked for payroll service firms, tax preparation, accounting, and bookkeeping firms. Another 8% were self-employed. Among the larger set of management accountants, internal auditors, or government accountants and auditors, there is a subset who are licensed CPAs. Most CPAs work in urban areas because that’s where the jobs are–most corporate regional or central offices and government offices are in urban areas.

A small percent of accounting professionals are employed as full-time college and university faculty; others teach part-time while working as self-employed accountants or as accountants for private industry or government.

Job growth in the accounting sector is expected to grow faster than the average growth rate for all industries during the decade of 2008-2018. Within that group, CPAs should have the best prospects for employment and expected growth rate higher than those accountants and auditors without the CPA professional designation.

Very strong growth (22%) in the number of accountants and auditor jobs (an increase of 279,400 jobs) over the 2008-18 decade is expected because of several factors. We will discuss the factors tomorrow.

1.IF the economy expands, the number of businesses will increase which means that new jobs will be created in the accounting sector to set up the books, prepare taxes, and provide management advice. As these new businesses grow, the quantity and complexity of financial information reviewed by accountants and auditors on the costs, expenditures, taxes and corporate internal controls will increase as well. As the globalization of business accelerates, there will be an increased demand for accounting expertise and services regarding international trade and accounting rules as well as international mergers and acquisitions.

2.Because of financial scandals, investors will be demanding increased accountability for protecting an organization’s stakeholders. The need for these “accounting watchdogs” will spur job growth in the accounting sector.

3.Forensic accountants who can detect illegal financial activity will be even more in demand as the number of financial crimes increases. Crimes such as embezzlement, bribery, and securities fraud by individuals, by corporations, and by organized crime networks are increasing because computer technology has made these crimes even easier to commit and even harder to uncover. But the “good guys” have weapons as well: the development of new computer software and advanced electronic surveillance technology has made detecting financial crimes easier which increases the likelihood of discovery, investigation, prosecution and conviction. As the success rates of the “good guys” rise, the demand for forensic accountants will rise as well.

4.Opportunities for CPAs who are forensic accountants who support the work of attorneys in family law, bankruptcy and business law are increasing as well. For example, the recent high profile divorce of Sir Paul McCartney and Heather Mills included a dispute over how much the former Beatle, Sir Paul, was actually worth. His side claimed he was worth around USD $785 million while the ex-wife thought he was worth around $1.6 billion. Enter her team of forensic accountants who delved into the situation. As of June 2008, the accountants had not found any evidence which would have compelled the judge to award Ms. Mills more moola than her initial divorce settlement.

5.Changes in laws regarding taxes, financial reporting standards, business investments, mergers and other financial matters will lead to an increased need for accountants and auditors.

6.Changes in financial laws to curb corporate accounting fraud will create more jobs in the accounting sector. With the passage of the Sarbanes-Oxley Act in 2002 (also known as ‘Public Company Accounting Reform and Investor Protection Act’ in the Senate and ‘Corporate and Auditing Accountability and Responsibility Act’ in the House), a new layer of accounting oversight was created to thwart the tide of corporate financial misfeasance. Prior to passage, there were a multitude of corporate and accounting scandals (e.g., Enron, Tyco International, Adelphia, Peregrine Systems and WorldCom) which cost investors billions of dollars. When the share prices of these corporations collapsed, the confidence of the public was shaken and the US securities markets trembled. The act established new or enhanced standards for all US public company boards, management, and for public accounting firms.

By creating a new public agency, the Public Company Accounting Oversight Board (or PCAOB), the act created a number of jobs in the accounting sector for overseers, regulators, inspectors, and those who would discipline accounting firms who were auditing public firms. In addition, another government agency, the Securities and Exchange Commission (SEC) implemented the adoption of dozens of new rules to comply with the Sarbanes-Oxley Act. It is estimated that the growth in the accounting sector will be seen in new jobs being created in:

1.Public Company Accounting Oversight Board will expand to hire more accountants and CPAs to provide independent oversight of public accounting firms which audit their corporate clients. The central oversight board will register auditors as well as setting up the procedural framework for compliance audits, inspections and policing conduct, quality control, and enforcing compliance with specific elements of Sarbanes-Oxley Act (SOX Act).

2.Because the SOX Act prohibits auditing companies from providing services such as consulting and management advice to their clients, it is expected that there will be job growth in accounting companies which provide consulting and other non-auditing advice to their clients.

3.Since Sarbanes-Oxley requires that senior executives of a company (such as the Chief Executive Officer and the Chief Financial Officer) take individual responsibility for the completeness and accuracy of the corporate financial reports, it is likely that those who are rise to C-level will have to have more familiarity with accounting than a manager’s passing glance. This opens a career path for CPAs into the CEO chair as well as the CFO chair. (Since the CEO is asked to sign the company’s tax return, this is all the more reason for the person to be a CPA as well as a manager.)

7.Since 2002, funding for the SEC has nearly doubled. The SEC hires accountants who can censure or bar from practice stock brokers, advisors, or dealers. In addition, SEC hires CPAs and accountants in Washington, D.C., *Division of Corporation Finance, *Division of Enforcement, and the *Office of the Chief Accountant. For SEC jobs examining financial statements in public filings, resolving controversial accounting issues, and in rule writing, there are openings in Atlanta, Boston, Chicago, Denver, Fort Worth, Los Angeles, Miami, New York, Philadelphia, Salt Lake City and San Francisco in the offices of: *Division of Trading and Markets, *Division of Investment Management and the *Office of Compliance, Inspections and Examinations.

The SEC prefers to hire experienced CPAs with three to eight years of public accounting experience in the securities industry. Desirable previous experience would include audit work involving SEC financial reporting, complex internal audit work involving multi-national corporations, or mergers and acquisitions related work. Typically, these accountants enter at the mid- and senior staff accountant positions–in the SK-13 through 17 levels. The grade at which the person starts their SEC career is based on a combination of the amount of relevant work experience and of graduate education in accounting, finance, or related fields.

In looking at the entire market, the best job prospects will be for CPAs while the prospects for accountants and auditors who have a college degree or any certification are good.

Wages for Accountants and Auditors May 2008 BLS Statistics: Median Income: $59,430 Top 10%: $102,380+ “According to a salary survey conducted by the National Association of Colleges and Employers, bachelor’s degree candidates in accounting received starting offers averaging $48,993 a year in July 2009; master’s degree candidates in accounting were offered $49,786 initially.

Accounting Employment Rate of Change In the decade from 2008 to 2018, employment opportunities for accountants and auditors are expected to grow by 22% (or 279,400 new jobs), which is faster than the average for all occupations. As previously mentioned, job growth will be driven by a projected increase in the number of businesses/expansion of the economy, changing financial laws, and corporate governance regulations, and increased accountability for protecting an organization’s stakeholders.

Opportunities for CPAs should increase markedly because their oversight is needed to focus increased scrutiny on corporate finances and accounting procedures. Those CPAs who are management accountants and internal auditors will be needed to uncover and eliminate fraud before audits and to make sure that critical processes and procedures are documented completely and accurately. The need for CPAs who are government accountants will increase because of an effort to make government agencies more efficient and accountable.

Job opportunities for CPAs will increase rapidly while opportunities for accountants and auditors will increase but at a slower rate than for CPAs. The need for accounting clerks will increase as consumers opt for storefront tax preparers such as Liberty and H & R Block, rather than hiring a CPA firm. The shift to tax preparation software will take some business away from CPAs who handled the uncomplicated returns of individuals. This will make a very minor adjustment in employment opportunities while increasing opportunities for clerks.

Job Prospects Across the public and private sectors, job opportunities for CPAs will be excellent while those who are accountants and auditors will be favorable. (Source: US Bureau of Labor Statistics). Enrollment in CPA preparation courses is now growing as more students are attracted to the profession because of its job growth, increased compensation, stability-and in answer to corporate accounting scandals.

In the wake of the Enron and Tyco accounting scandals, the public views professional certification as even more necessary because it ensures that the accountant’s ethics are sound and his/her knowledge and credentials are up-to-date.

Regardless of specialty, accountants and auditors who have earned professional recognition through certification or licensure should have the best job prospects. Applicants with a master’s degree in accounting or a master’s degree in business administration with a concentration in accounting also will have an advantage.

Individuals who are proficient in accounting and auditing computer software or have expertise in specialized areas-such as international business, specific industries, or current legislation-may have an advantage in getting some accounting and auditing jobs. In addition, employers increasingly seek applicants with strong interpersonal and communication skills. Many accountants work on teams with others who have different backgrounds, so they must be able to communicate accounting and financial information clearly and concisely. Regardless of qualifications, however, competition will remain keen for the most prestigious jobs in major accounting and business firms.

In addition to openings from job growth, the need to replace accountants and auditors who retire or transfer to other occupations will produce numerous job openings in this large occupation. —US Bureau of Labor Statistics For accountants, the career path upwards requires that of becoming a CPA, a Certified Public Accountant. Progressing from being an accountant to becoming a CPA offers greater opportunities for promotion to management and higher salaries.

In California, the requirements to sit for the CPA Exam are: *A bachelor’s degree; *24 semester units in accounting-related subjects; *24 semester units in business-related subjects; *150 semester units (or 225 quarter units) of education; *Passing the Uniform CPA Exam; *One year of general accounting experience supervised by a CPA with an active license; and *Passing an ethics course.– Logging 500 hours of attest or auditing experience will allow you to obtain the authority to sign attest reports. In many firms having a CPA license is the only way one is promoted into upper management. Becoming a CPA increases your opportunity for promotions and a higher salary.