Q. What is the difference between independent contractor and employee?
Employees' paychecks are subject to the withholding of personal income taxation (both federal and state). An employer has half of their Social Security tax and the Medicare tax deducted from the worker's wages, and the other half is contributed by the company. An employer makes contributions to the federal (and sometimes state) unemployment insurance system, various country employment methods (for example, disability or education and training), and provides employee's compensation for the employee in the event of an accident which happens throughout the course of employment. This "loading" for taxes and benefits might represent a cost to an employer of an additional 20 percent to 35% over and over an employee's gross wages.
Q. Is a business required to provide health care, life and similar insurance coverages for its employees?
A. While it's not uncommon to provide these types of "employee benefit" policy for employees, the legislation generally does not require a company to achieve that. Businesses provide similar and these advantages to attract and retain superior employees and as an extra form of reimbursement. However unionized workers must provide whatever gains are required by the terms and conditions of their marriage contracts, and it may be necessary to provide particular types of employee benefits as a condition of doing business with or for governmental entities or agencies. Many nations have decided to adopt legislation requiring companies that are of a size to give health insurance. Check with your state's insurance or labor department to find out if your state has adopted such a law.
Q. Can "flirting" represent sexual harassment?
The fact that a worker participates in or tolerates or laughs off moderate sexual innuendoes or lewd remarks (possibly to fit in with the crowd) doesn't signify that the employee welcomed the conduct. Workers afterwards can complain of sexual harassment if the opinions were not invited by them, even if they did join in. Should matters get out of hand, even employees who encouraged or started the off-color opinions might have cause to complain. It is a question of truth.
Q. If a worker is injured on the job, what happens?
A. After injury or illness occurs, it's the employees responsibility to complete a claim form and to submit it to either the employer or the state workers' compensation agency/board. An employer is going to have the claim forms accessible. The claim will be submitted by the company to the insurance provider. The employer is given an opportunity to react to the claim. If he fails to contest the claim, the insurance company will makes payment of salary and medical bills, go to websitehttps://gklaw.ca/. A hearing can be scheduled when the employer contests the claim to determine whetheror not or how much, compensation is owed to the employee.
Q. Information within an employment application is crucial. Why?
• Is this information required to judge that this person's competence for performance of this particular job?
Q. Can an employer establish different probationary periods for new workers?
A. An employer is free to set up a probationary period for new workers, during which a worker might be terminated with or without any reason. While probationary periods may be established for different employees, or kinds of employees, this may make the employer vulnerable to a claim of discrimination. An employer should be prepared to justify any differences.
Q. Can a foreigner work to get a U.S. company whilst here on a B-1 company visitor visa?
A. No. The feature of this class is that the alien can't engage in gainful employment in the USA. Crucial here is if the alien is going to be paid a salary by a U.S. business or otherwise participates in action here which results in payment on the foreigner of a fee for services rendered here. Gray areas on this issue may become a problem for some company visitors in the category. It is best to consult directly to make sure that you does not violate federal immigration laws and remains in status that is legal.
Q. Can a firm insist that its non-exempt workers take paid time off instead of money for working overtime?
A. Generally (and surprisingly), 'comp time' (compensatory time off given instead of overtime pay) is ILLEGAL under national regulation. Under federal legislation, if workers work more than 40 hours in a work week, then they have to be PAID for overtime in time-and-a-half. This applies to all employees in most countries. Employers may give time off during precisely the exact same week that they work extra hours (e.g., work 10 on Monday, work just 6 on Tuesday), but as soon as they cross the 'more than 40 hours in a week' threshold, they are eligible for overtime pay. Comp time is permitted within one pay period (e.g., they might be able to take some time off next week if they work overtime per week), however when it isn't in precisely the same week, the comp time must be supplied at time-and-a-half (e.g., 1.5 hours of time off for each hour of overtime worked).
Q. What are some common "causes" for being terminated?
(2) an attendance issue;
Q. Can a former employer giving negative job references to prospective companies be sued for libel?
A. Generally, statements made by a former employer to queries from a potential employer can be made without the fear of being sued later. However, that protection is lost if there are any suggestions, inferences, innuendos, etc. that would lead a potential employer to believe something deceptive or untruthful about the employee. The difficulty is proving that the statements were inaccurate and incorrect. Many human resources departments give references, like the date the worker started, the date he/she left, and salary info.
