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Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. [1]
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) 29 U.S.C. § 151–169 (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner [1]) and other legislation.
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes.
[2] [3] It also required employers to make reasonable accommodation for the religious practices of employees. [ 4 ] The employment provisions of the 1964 Act only applied to firms with 25 or more employees; the 1972 Act extended that to firms with 15 or more employees. [ 5 ]
Often, employers will use BFOQ as a defense to a Disparate Treatment theory employment discrimination. BFOQ cannot be a cost justification in wage gaps between different groups of employees. [96] Cost can be considered when an employer must balance privacy and safety concerns with the number of positions that an employer are trying to fill. [96]
Government intervention can be seen as a response to unemployment and income insecurity when workers are risk-averse. For example, a worker may be willing to exchange a lower expected wage for a wage structure that offers insurance against uncertainty about “where one will find oneself” in the wage distribution, i.e. unions will tend to ...
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An employer can assign all work products and intellectual property created by an employee during their term of employment is an exclusive right of the employer. This clause pertains to inventions that relate to the company's past, present or reasonably foreseeable future business or research endeavors.