Employment Law for Business

EMPLOYMENT LAW FOR BUSINESS
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Employment Law for Business
1. By properly classifying a worker as an independent contractor or an employee, the employer`s obligations as to matters concerning compensation of workers, minimum wage, payroll taxes, overtime requirements, immigration documentation, benefit plan eligibility among other factors are clearly defined in the contractual agreement thus avoiding unnecessary huddles such as potential lawsuits and welfare protests with regard to the worker`s demands. This also creates a favorable working atmosphere as both the worker and employer are well aware of expectations.
2. The first theoretical base is the disparate theory where an individual will have to prove with evidence that race played a role in the decision-making process. The employer`s failure to give proof of or offer a believable explanation for the decision of employment can support the individual`s claim under this theory. The second theory, disparate impact, which is not automatically unlawful, the employer could justify that the procedure used to hire the employee was work-related and actually consistent with the demands of the business. The employer can however be found liable if there exists a less discriminatory alternative.
3. Title VII of the Civil Rights Act of 1964 with 42 U.S.C. sec. 1981are both similar a number of ways. Both are prohibiting discrimination based on gender, sec, color, race, among others. The latter however, stipulates the manner in which the employee recruitment process should be carried out. This is by giving guidelines that are to be followed. The laate can be said to be enforce the former.