Legal Archives - Regular Link

Divorce vs Separation: What’s the Difference?

The pain of a marriage ending is one of the most difficult things most people will ever experience. It is a devastating life event that has the potential to ruin not only your relationships but leave you financially destitute. Divorce is one of the leading cause of depression and bankruptcy in the United States for good reason. It can quite literally rip your entire life in half and leave you to pick up the pieces.Given how serious and irrevocable a step divorce is, you may be thinking about separation instead. Before making this decision, you must understand the differences between separation and divorce. The finality of divorce is well known, and at that time your legal relationship with your spouse will be fully dissolved. There may be some circumstances where this is not ideal. Many spouses have joint property or business ventures that would need to be sold and divided as community property, and that may be a financial move that would benefit neither partner.A separat…

5 Reasons Why You Need an Employment Lawyer

Employment law is the field of law that covers the legal relationship between an employer and employee.Employment law deals with the employees' right to collectively bargain and workplace safety issues.Disputes over the minimum wage, maximum working hours and, importantly, civil rights and discriminatory hiring practices are all within the purview of an employment lawyer.Workplace Discrimination and EEOC You should contact an employment lawyer if you feel that you have been discriminated against based on your race, gender or disability.The Equal Employment Opportunity Commission (EEOC) is a federal agency that specifically looks into cases of workplace discrimination.In 2011, the EEOC added sex discrimination to Title VII of the Civil Rights Act. This means that employers aren't legally allowed to discriminate against you for reasons of sexual orientation.If you suffered discrimination or sexual harassment from an employer based on your religion, age, or ethnicity…

Drug Testing in the Workplace

Drug testing has become a regular part of the screening process for many different jobs. In some professions, specifically those in the safety-industry, namely transportation, law enforcement, or any job that requires you to drive on company time, the employer can ask for random drug tests at any time without notice. According to a recent study, about 71% of employers conducted some form of pre-screening drug tests before hiring an employee. Only 29% responded that they had absolutely no drug testing done prior to hiring an employee, or during their employment. Because drug screening is such a regular part of the employment process, it is necessary to know your rights, as a potential employee when it comes to drug testing.

What are the Rules Regarding Pre-screening Drug Tests?

Specific rules and regulations for drug testing may vary from state to state, but the majority of states agree t…

The Difference Between: Employment, Business and Labor Law

With new laws for employee privacy rights, hiring practices, tax dodging and even disability accommodations changing from one year to the next, it can be helpful to have an overarching framework to sort through these different regulations.Labor, Employment and Business Law The most accessible way of thinking about the smorgasbord of all of these laws is by breaking them off into three areas: labor law, employment law and business law.Labor Law Labor law in many respects is the most specific general domain of law. Labor law relates to laws linking labor unions, employees and employers.On the macro level, the National Labor Relations Act is probably the most important piece of legislation that lynchpins all of the laws that dictate an employee's right to collectively organize into trade unions.Rules governing collective bargaining, higher wages and better working conditions, and joint action like labor strikes are all protected under the National Labor Relations Act…

Can You Sue a Judge?

Each day judges make decisions that can positively or negatively affect an individuals life. Judges who work in civil courts make decisions that can cost one party money. Those who work in criminal courts can send individuals to jail, cost them their jobs, or negatively impact their day-to-day life. In most court cases, a judge must side with one party or the other. In short, there are many people who leave a court room angry with a judge, however, many often wonder whether they can sue a judge. If you feel a judge was bias during the course of a trial, you may be wondering if suing the judge is an option. The answer isn't simple, in most cases, no judges can not be sued, but there are certain circumstances in which judges can be held responsible for unjust actions.

Can You Sue a Judge?

In most cases, no, you cannot sue a judge. Generally speaking, judges are protected by a doctrine c…

Unfair Labor Practices By Employers

Unfair labor practices are laid out in the National Labor Relations Act (NLRA) and concern a set of unlawful actions that employers and labor unions can be prosecuted for.

Refusing to bargain or hear arguments from a labor union, for instance, is an unlawful action for an employer to take against his or her employees.

National Labor Relations Act

Section eight of the National Labor Relations Act delineates unfair labor practices that employers or labor unions sometimes engage in.

If, for instance, an employer attempts to disrupt the forming or administration of a labor union, then that employer might open himself up to investigation by the National Labor Relations Board (NLRB), which enforces the National Labor Relations Act and protects workers' rights.

Unlawf…