Labor Law Archives - Legal-Turner Team https://www.donturnerlegalteam.com/category/labor-law/ Your favorite legal blog Wed, 06 Mar 2024 23:54:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.1 https://www.donturnerlegalteam.com/wp-content/uploads/2022/08/cropped-rnpekmzz-32x32.png Labor Law Archives - Legal-Turner Team https://www.donturnerlegalteam.com/category/labor-law/ 32 32 The Growth of Online Gambling: Legal Issues and Concerns https://www.donturnerlegalteam.com/the-growth-of-online-gambling-legal-issues-and-concerns/ Wed, 06 Mar 2024 23:54:48 +0000 https://www.donturnerlegalteam.com/?p=171 The internet has led to massive growth in many industries, and online gambling is no exception. In the past two […]

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The internet has led to massive growth in many industries, and online gambling is no exception. In the past two decades, online casinos, sportsbooks, poker rooms, and other gambling sites have proliferated. This rapid expansion has outpaced legislation and regulation in many jurisdictions, leading to thorny legal issues that policymakers continue to grapple with.

Cross-Border Issues

One major legal dilemma stems from the fact that online gambling frequently crosses state and national borders. Gambling laws vary widely across different countries and even within countries. For instance, some U.S. states have legalized online gambling, while others prohibit it entirely. This patchwork of laws creates uncertainty about the legal status of online gambling transactions. It also enables some operators to set up shop in loosely regulated jurisdictions while offering games to players in stricter locales.

The Rise of Social Casinos

Social casinos with free-to-play games like slot machines and balloon game casino have become hugely popular on social media and mobile platforms. While they do not involve real money, their monetization systems and casino-like designs raise concerns about fostering underage gambling habits. Legislators are still deliberating whether these games constitute illegal online gambling and how to regulate them appropriately.

Money Laundering and Problem Gambling Concerns

Money laundering and problem gambling are two other significant concerns surrounding the online gambling boom. The anonymity of the internet makes it easier for criminals to launder illicit funds through online casinos and sports betting sites. And some fear that the 24/7 availability of online gambling increases the risk of addiction, particularly for minors who may access sites illegally.

Regulatory Approaches

Governments have taken varying approaches to address the unique legal challenges posed by online gambling. The United States has seen the most fractured response. The Federal Wire Act prohibits interstate sports betting, but does not cover other forms of gambling. The Unlawful Internet Gambling Enforcement Act (UIGEA) banned payments to illegal gambling sites, but did not make online gambling itself illegal. Individual states have been left to regulate online gambling within their own borders, leading to the current patchwork of laws.

The European Union has harmonized regulations across member countries to some degree. However, significant differences remain between member states’ online gambling laws. Some jurisdictions allow licensed operators to offer the full range of online betting and gaming options. Others restrict online offerings to specific products like sports betting and poker. A number of EU members continue to prohibit online casinos entirely. And of course, regulations vary widely outside of the EU and North America.

Common Regulatory Strategies

A few common regulatory strategies have emerged. Licensing and strict oversight of operators is a key approach. “Know your customer” rules help prevent money laundering and underage gambling. Responsible gaming features, like deposit limits and self-exclusion policies, aim to reduce problem gambling behaviors. But improved regulations are still needed to keep pace with technological advances and address emerging legal gray areas.

Emerging Challenges

One such gray area is the rise of virtual currencies and blockchain-based betting. Cryptocurrencies like Bitcoin introduce additional layers of anonymity and make tracking payments more difficult. Decentralized betting protocols built on blockchain allow peer-to-peer gambling without centralized oversight. Policymakers are just beginning to grapple with how to regulate crypto-based gambling sites and decentralized apps.

Social casinos—free-to-play gambling games on social media and mobile apps—also occupy murky legal territory when they allow players to purchase virtual credits to keep playing. Critics argue these monetization features constitute illegal gambling, while companies maintain their games comply with sweepstakes laws. Class-action lawsuits against major social casino developers like Zynga are still winding their way through the courts.

Future Outlook

As technology enables more immersive gambling experiences online, regulators will continue chasing the target. Virtual and augmented reality could allow players to enjoy 3D casino environments without leaving home. As the metaverse develops, it may give rise to new decentralized virtual casinos that sidestep regulation. With innovation outpacing legislation, tensions between technological change and gambling oversight seem destined to escalate.

Balancing Risks and Rewards

The rapid growth of online gambling offers many benefits. The convenience allows recreational gamblers to enjoy betting and games from home while generating significant tax revenues. But it also brings risks like problem gambling and money laundering. Crafting a legal and ethical framework to reduce those dangers, while preserving access and innovation, remains an ongoing challenge. If policymakers, companies, and players maintain realistic expectations and perspective, the promise of online gambling can be fulfilled without undue harm.

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Everything You Should Know About Labor Laws https://www.donturnerlegalteam.com/everything-you-should-know-about-labor-laws/ Fri, 17 Mar 2023 09:12:52 +0000 https://www.donturnerlegalteam.com/?p=145 No matter the place you are living and the profession you have, at some point in your life, you are […]

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No matter the place you are living and the profession you have, at some point in your life, you are probably going to work. Using your learned skills and putting your knowledge and ideas into your first desired job is surely something that you have imagined in your head over and over again. But is everything as simple as landing a job fitting your requirements? Unfortunately, no. Starting from your interview and internship period to drafting an employment contract and becoming the company’s regular worker – when walking along this path, you will encounter a number of various issues requiring careful preparation and attention.

When getting a new job position, it is essential only to be aware of everything about the company or organization you are applying to but also the nuances of labor laws, including your rights and obligations. Once you have a better understanding of what actions and rules are appropriate and which ones are against the law, you can easily fight against injustice and protect your rights.

In the article below, we will spread light on all essential factors and reasons why anyone should have a solid knowledge of labor laws and regulations. So, let’s begin.

What is Employment Law?

The legislation specifying rights and duties in labor, particularly the rights of workers and responsibilities of employers, is known as labor law. These laws can differ depending on the jurisdiction (the definition refers to employment laws within the US).

Labor laws intend to empower and protect employees’ rights. They ensure that employee-employer relations are well-balanced and monitored, enabling both sides to be held liable for their actions.

Moreover, apart from the individual contractual issues rooted in the traditional employment situation, labor laws deal with the collective relationships and constitutional requirements that are particularly important in mass-production societies and the various responsibilities and rights connected to some types of social services.

In a nutshell, even though there is a natural hierarchy between the worker and the employer, employment laws assist in aligning this inequality of power. As a result, no employer can take advantage of their workers, and both parties can evenly discuss the employment contract content and working conditions with each other.

Key Reasons to Study Labor Laws Before Applying For a Job

Here we gathered the top reasons why understanding labor laws is crucial for everyone.

#1 Decent Income

One of the first goals why people apply for a job is to earn an adequate amount of money and have a regular income. So, in a society where each person is after quite high and decent earnings, at the very least, one should know how to protect himself. That’s why understanding employment laws and knowing your rights allow you to have a general idea of such crucial things as the minimum wage, overtime work payment, bonuses, and so on. What’s more, you learn the significance of regular and timely payment, especially when it comes to monthly wages.

Employers are not allowed to exploit and make use of their employees. So, whenever you are made to work more than is stated in the agreement, you should be aware of your right to get appropriate compensation. In addition, employers also have an obligation to pay more when they require employees to work at night, on weekends, and on holidays.

#2 Regulated Working Hours

If you carefully check the labor laws of your country, you can notice that most of them stress the need and importance of regular and reasonable working hours. Such laws ensure that employees have a well-distributed work-life balance.

In all companies and firms, employees, along with weekly or monthly working hours, should be given paid annual leave. This guarantees that employers do not abuse their workers by making them do unpaid overtime work.

If employees are called to work on a national or international holiday, they will typically be given a compensatory holiday on any other regular working day.

#3 Discrimination

Prejudice against some people and discrimination is an issue that exists in almost any part of the globe. Employment laws, as such, are created to ensure that anyone can operate and work free of injustice and discrimination in a company. They keep an eye on the employee-employer relationship so that no prejudice can be inflicted on the basis of race, gender, religion, disability, or ethnicity.

Even today, a vast number of companies and firms do not pay female workers as much as they do male employees for the same work.

However, with the presence of employment laws and workplace regulations, workers can hold their employees liable and make sure that they are given their due rights.

#4 Protection

Apart from working hours, regular payments, and basic human rights, as an employee, your company should be responsible for certain aspects of your life. This can include the worker’s family responsibilities, such as parental leave, paternity leave, flex-time options, and so on. Your direct supervisor should be willing to ensure you can get paid leaves during times of personal obligations so that you can maintain a good work-life balance.

Also, another crucial and one of the most important features of internationally accepted employment laws is the one relating to child abuse and protection. In almost all countries, children who are under the age of 14 legally are not allowed to work. Even if there are places where a child can get a job at this age, the working hours should not exceed a few hours a day. This is vital in order to eliminate the possibility of child exploitation.

What to Conclude From All These?

As you can see, understanding your rights and responsibilities as an employee gives you the privilege and comfort of knowing what your employer or a company legally can and cannot do.

ыOn the other hand, if you do not have enough knowledge about the regulations and laws, you will not know if your rights are respected and if the employer is following his responsibilities or not. Just remember, only because your company is paying you, it does not necessarily mean you do not have rights and protections.

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Classification of employment agreements https://www.donturnerlegalteam.com/classification-of-employment-agreements/ Thu, 03 Mar 2022 08:47:00 +0000 https://www.donturnerlegalteam.com/?p=78 Historically, there have been different types of labor agreements in the United States. In the private sector

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Historically, there have been different types of labor agreements in the United States. In the private sector, which dominates the country’s economy, so-called labor agreements at-will prevail. They are used in all states except Montana. At-will employment contracts are also used in state organizations and institutions.

The doctrine of employment at-will has been developed by judicial practice. It is based on the free will of the parties, rather than a guarantee of employment. The essence of this provision is that the employer has the right to fire the employee at any time, without any grounds and even without notifying the employee of the reasons for such a decision. For example, an employer may terminate an employee’s employment in order to reduce payroll costs, reduce payroll due to reorganization or changes in the company’s operations. It is also possible that the employer does not need such highly qualified specialists at a given time, and certain work functions can be performed by less qualified workers with lower wages.

Cases of termination, when there are no claims against the employee by the employer, should be distinguished from termination for cause (termination for cause). For the most part, it is termination at the employer’s initiative due to the employee’s breach of work discipline, failure to perform or inadequate performance of work duties, or violation of the law. An at-will employment contract means that the employer may, without prior notice to the employee, change working conditions: work schedule, wages, vacation time and pay, the provision of benefits, and so on. This is a significant difference between U.S. labor law and most countries, where there must be a reason for firing an employee by the employer’s initiative. When an employee is hired in the USA, there is no need to specifically state that there is an at-will contract – American employment law proceeds from the presumption of this contract.

The employee, in turn, has the right to tell the employer in writing that he is leaving “as of tomorrow” or in two weeks, or to specify another date. Employees usually try to notify their employer in advance of their desire to quit, as they are interested in maintaining a good relationship with the employer, as they may need positive recommendations to present at the new place of employment.

If the employment contract does not specify the period of employment, it means that it is concluded for an indefinite term and the employee is hired permanently. If the contract stipulates that the employee can be dismissed only in case of violation of labor discipline or failure to perform or improper performance of his functions (fired), the obligation to prove this rests on the employer – otherwise the court will decide to reinstate the person at work and pay compensation to him. Such a contract, according to many lawyers, is an at-will contract, but not a pure at-will labor agreement.

Judicial practice has developed as an exception to the doctrine of employment at-will the doctrine of protection of the labor rights of an employee acting in the public interest (public policy). Thus, an employee cannot be fired for absenteeism if the reason for not coming to work was the fact that he was a witness in a criminal or civil case or was a member of a jury, etc.

Particular attention should be paid to layoffs. Since the employer does not have to prove the necessity of layoffs, the task of an attorney who is approached by an employee who believes that he was unfairly dismissed is to check whether the layoff was just a pretext and whether the actual reason for the dismissal was discrimination or a desire to retaliate for criticism, displeasing the employer with suggestions, complaints, etc.

For example, K., a highly qualified network engineer whose specialty is among the most sought-after in the U.S. labor market, found a more promising job and notified his administration in writing that he would be fired in two weeks. This deadline was based on his agreement with his new employer, as well as on ethical considerations (so that the employer could prepare a replacement). The next week, K. was handed a check with one week’s pay and a notice that he had to quit his job after one week, not two weeks, as he had expected.

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Manual – local normative act https://www.donturnerlegalteam.com/manual-local-normative-act/ Mon, 17 Jan 2022 08:41:00 +0000 https://www.donturnerlegalteam.com/?p=75 Companies in the private sector usually have a special document that is mandatory for both employees and employers

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Companies in the private sector usually have a special document that is mandatory for both employees and employers – a handbook (guide), which is developed by the company on the basis of standard documents of an advisory nature. At the time of hiring, each employee must read it and sign that he or she agrees with all of the rules set forth in it. The manual contains provisions governing the work and rest schedules of employees, the procedure and timing of salary payments, forms of incentives, the grounds and procedure for transferring to another job, certification, as well as internships, training and professional development.

Particular attention is paid to ethical norms and rules of conduct, which are based on the idea that the company is a single team, a team of like-minded people. An important part of management is the relationship with customers, clients and visitors.

From a legal point of view, the manual is a local normative legal act that establishes the rights and obligations of the employee and the employer represented by its managers and other officials. Accordingly, it is referred to by employees and employers, as well as supervisory and law enforcement agencies, when dealing with labor disputes.

Probation
Usually an employee is hired for a specific position with a probationary period (probation), the length of which is not stipulated by law. As a rule it is determined by company policy, but the parties can also agree on it. A probationary period is usually 90 days, but can be as long as six months. During this period, the employee is usually not covered by the benefits provided to permanent employees. The employer may also dismiss the employee during the probationary period or at the end of it. By agreement between the parties, the duration of the probationary period can be extended or a new period can be set, or a temporary work contract can be concluded for a fixed period.

If, during or after the probationary period, the employer decides that the employee meets the stated requirements, the employer notifies the employee and the work continues on a permanent basis.

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Employment contract https://www.donturnerlegalteam.com/employment-contract/ Tue, 26 Oct 2021 08:39:00 +0000 https://www.donturnerlegalteam.com/?p=72 A labor contract (agreement) under U.S. law is an agreement between an employee and an employer. It contains a number of conditions

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A labor contract (agreement) under U.S. law is an agreement between an employee and an employer. It contains a number of conditions: the rights and obligations of the employee and the employer, wages, working hours, overtime pay, vacation time, benefits, and other items agreed upon by the parties. The employment contract is concluded in written form: each company develops its own form of contract or chooses from those used by others or recommended.

The employment contract signed by the parties is not the only form of its conclusion. It is widely used, especially in smaller companies, to hire by offering any form of employment: by phone, by letter, by e-mail, etc., that a person may start work from a certain date under the conditions agreed upon during the interview or specified in the offer. If the person accepts the job, an order is issued, which also means the contract is in writing.

In addition to the position and the salary, the benefits provided by the company are of paramount importance for new hires. Their set is very wide: first of all health insurance, bonuses, bonuses and other forms of remuneration; life insurance, an increase in the length of the next leave for long-time employees working in the company, the conditions of business trips (duration, payment of travel expenses), etc. Many companies also offer employees benefits such as legal assistance, discounts on lunch and parking during working hours, payment for public transportation, day care centers, cultural and educational events, etc. When dismissing diligent and long-serving employees, large companies pay monetary compensation in addition to severance pay.

Here is a case study of two employees – citizens of the former Soviet Union. After 10 years of working as a courier at one of the largest medical institutions in Los Angeles, K. resigned at his own request in connection with moving to New York, where his son was living. He was paid a bonus equal to three months’ salary.

A large insurance company relocated from Los Angeles to New York City. Employees of the divisions being relocated to New York who agreed to move with the company were offered payment of all related expenses. Others received severance pay based on length of service with the company. K., who had worked as a programmer for 19 years, was paid a bonus equal to six months’ salary.

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Sources of labor law https://www.donturnerlegalteam.com/sources-of-labor-law/ Fri, 14 May 2021 08:36:00 +0000 https://www.donturnerlegalteam.com/?p=69 The sources of labor law in the U.S. are written (federal and state laws) and case law (case or common law).

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The sources of labor law in the U.S. are written (federal and state laws) and case law (case or common law). The U.S. does not have a federal labor code, nor do they have criminal or civil codes. Such codes are adopted by state legislatures. An important source of labour law are the acts of the Supreme Court of the USA, which has repeatedly made decisions in disputes concerning the illegal dismissal of employees, pointing out that various forms of harassment and discrimination, which were the actual reason for the dismissal, are a violation of the Civil Rights Act of 1964.
The range of case law in relation to labor disputes includes:

the concept and essence of the employment contract of mutual agreement (agreement at-will);
The definition of the jurisdiction of labour disputes (jurisdiction);
Punitive damages recoverable from defendant employers in favor of plaintiff employees and the determination of the amount of such damages;
Class actions against employers;
attorney’s fees if the claims are successful (“success fees”).

The Civil Rights Act is a fundamental act of a constitutional nature protecting the rights of citizens, including those related to the exercise of the right to work. For example, under Title VII of the Act, discrimination is prohibited. VII of the Act prohibits discrimination on the basis of race, color, religion, sex, nationality, and country of origin in hiring, promotion, dismissal, compensation, fringe benefits, professional training and development, evaluation, and other employment-related issues. This provision applies to employers in the private and public sectors, as well as government agencies.

One of the fundamental legislative acts of labor law in the United States is the National Labor Relations Act, also known as the Senator Robert Wagner Act. This Act was signed by President Franklin Roosevelt and was enacted on July 6, 1935. It guarantees the right of private sector employees to form unions, to conclude collective bargaining agreements, and enshrines the right to strike. It also prohibits any form of harassment and discrimination against employees for joining or being a member of a union.

There are about 200 federal laws in the U.S. labor law system. Similar laws are usually adopted by state legislatures. Of course, state laws must not contradict federal laws, but each state may impose additional protections for employee rights and stricter requirements on employers than those imposed by federal laws. This is a general principle of balancing laws to protect private and public interests.

In particular, the federal Civil Rights Act makes it unlawful to fire an employee if the reasons are race, color, nationality, or country of birth or former residence, as well as sex, pregnancy, disability, age, or religion. California law (Unruh Civil Rights Ast 1959) provides a broader list of grounds on which layoffs can be declared unlawful. In addition to the grounds contained in federal law, it establishes that dismissal on the grounds of marital status, medical condition (unless, of course, the employee is found to be totally disabled for a particular job), citizenship, ancestry, genetic information, native language, immigrant status, etc. is also illegal.

On this basis, the lawyers representing the interests of the employee determine the line of defense of his rights in a dispute with the employer. Thus, the list of grounds on which dismissal is illegal in the state of California is wider than in the federal legislation. Accordingly, attorneys rely on the provisions of California state law.

Another example: the state of Georgia has adopted anti-discrimination laws only on the criteria of age, disability, race, color, disability, religion, sex, nationality and country of origin of the employee, as well as on equal pay for men and women. And, unlike most state laws, Georgia’s employment discrimination prohibition law applies only to state employees, provided that the number of employees of the organization (agency) in question is at least 15. Consequently, an attorney representing a client working in that state must also look to federal law to ensure that the violated employment rights are protected as effectively as possible.

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