Non-Competitive Clause In Employment Law

The National Labor Relations Act allows employees to form a union or join a preexisting union. The same act prevents employers from standing in the way of workers attempting to unionize. Many organizations frown on unionization, but regardless of their opinion, they cannot interfere with employment rights. Employers are violating the law if they threaten employee 's jobs, question union activities, or eliminate benefits for employees by unionization. They also cannot offer benefits or perks to employees for refusing to unionize, as this could be seen as illegal persuasion (Employer/Union Rights, n.d.). With that in mind, employers have the right to enforce no-solicitation policies, as long as it does not apply only to labor unions.

The National Labor Relations act, also known as the Wagner Act was a bill that was brought into law by president Franklin Roosevelt on July 5, 1935. The Wagner Act’s purpose was to give employees and companies the right to participate in safe activity in order to get representation from the union. Also this act had brought the National Labor Relations Board into effect. This is an independent federal agency that administers and interprets the statute and enforces its term. This essay will explore what the Wagner Act led to, what was the Wagner Act purpose, and why the Wagner Act was passed.

The actions of these four businessmen in the late 1800s had overall a negative effect on society. These men were known as Robber Barons. A Robber Baron is someone who acquired a fortune in the 19th century by ruthless means. Examples of Robber Barons include JP Morgan, John Rockefeller, and Andrew Carnegie. These men gave horrible working conditions to their employees. For example, JP Morgan forced his workers to work under harsh living conditions for very long hours and little pay. John Rockefeller made his employees work long hours with low pay and he would discourage (wouldn’t allow) union activity in his corporation. Andrew Carnegie forced his workers to work long hours and he gave little pay like the other men . He also tried to stop

In Walter Mosley 's fictional short story, "Equal Opportunity" (1995), he describes employment discrimination through the character of Socrates Fortlow, an African American ex-convict attempting to find employment. Socrates lives in an abandoned building in Los Angeles neighborhood called Watts. He has been out of “prison eight years, fifty-eight years old, and ready to start life over again,” (Mosley 1).

The 1990 case of Employment Division v. Smith is about Smith and Black who were both members of a Native American Church and counselors at a private drug rehabilitation clinic. They were both fired because they had taken peyote as a part of their religious ceremonies, at that time the possession of peyote was a crime under the State law. The counselors filed for unemployment in the state, but were denied by the Employment Division because the reason for their unemployment was work-related misconduct. Smith and Black argued, stating that under the First Amendment the government is forbidden from prohibiting the "free exercise" of religion in this case the free exercise of peyote. Court of Appeals reversed the ruling, saying that denying them unemployment benefits for their religious use of peyote violated their right to as it was a part of their religion. The Supreme Court agreed, on the fact that the state's reasoning

The first of the Progressive presidents was Theodore Roosevelt. He was first elected in 1900 as Vice President to William McKinley and the elected president in 1904, as the youngest man to attain the presidency, at 42 years of age. During his time in office, Roosevelt passed the Hepburn Act, which allowed the commission to make freight rates standard. The Mann-Elkins Act regulated telephone communications, the Pure Food and Drug Act made it a crime to pack or ship fraudulently labeled food or drugs. One of his biggest achievements was the Square Deal, which gave coal miners a 10 percent increase in pay and a maximum of nine-hour work day. Roosevelt also had a hand in conservation of land, water and forests. He expanded national forests and declared

3. Is it legitimate for a labor organization to negotiate a work preservation clause that seeks to encourage contractors to perform work on the job site using union labor by imposing an economic incentive not to outsource the work elsewhere to lower paid

Over the last two decades, numerous studies have shown that Aboriginal people in Canada face a substantial earnings gap in comparison to the non-Aboriginal population. Although some of these studies offer slightly different estimates of the wage differential due to different definitions of the Aboriginal population, they all consistently find that there is a positive relationship between the size of the earnings gap and the “degree of Aboriginal identification” (DeSilva, 1999). For men, there is a gap of 50.0% and for women, 34.2% (Lamb, 2013). A large portion of the differential can be explained by the fact that Aboriginal people have lower quality of characteristics that are associated with higher pay. However, most of these characteristics,

Legal courts might not like unfair non-compete agreements which constrain an individual’s right to work. Even if the non-compete agreement was clearly violated, this can make employers difficult to win the court battle.

In this case, the ethical dilemma lies on whether the Newspaper Columnist should choose to terminate the contract and go for greener pastures against the legal law associated with contract clause. The contract is a legal entity where an agreement between two parties are met so that they can operate on specific boundaries over a certain period entail in the code of agreement. Failure of either parties in meeting the agreed terms and conditions would grant the contract null and avoid, attracting legal sanctions and ethical issues. The Columnist notified the employer about her intentions to leave the chain, breaking the contract by disregarding the existing legal terms. However, she showed partial responsibility when she notified the company about her goals. The reason a company would want to make such contracts is to avoid the cases as such.

There are many kinds of illegal economic pressures used by employers and unions. The National Labor Relations Act recognizes four pressures that are illegal. The first illegal economic pressure is called secondary boycotts. It is an unfair labor practice for an union to attempt to strike through a third part in order to put pressure on the company that is involved. Secondary boycotts usually involves a group of people refusing to purchase the products or conduct business with a company in which they are doing business with and where the employees are on strike. Hot cargo is another economic pressure that is illegal under the Taft-Hartley Act. Hot cargo agreement exists when a union tries to enter into an agreement with one employer that

According to the textbook, “offshoring is a special case of outsourcing where jobs that move actually leave one country and go to another” (Noe, Hollenbeck, Gerhart, and Wright, 2013, p.206). Offshoring can impact existing businesses workforces because it is a process of moving jobs to another country. This can create a depletion of jobs in one country and it can also hurt the country’s economy. It can also hinder job growth for the economy. “Offshoring is controversial because close to 800,000 white collar jobs have moved from United States to India, eastern Europe, Southeast Asia, and China in the last 10 years” (Noe, Hollenbeck, Gerhart, and Wright, 2013, p.206). Some ethical concerns regarding off-shoring deals with low wages and working

Plato’s Diner is a family owned and operate business. The owners, Dean and Chris Papas are Greek immigrants and they believed if they worked hard and spend their money wisely they will become successful businessmen. Contrary to their beliefs the case highlights several issues at Plato’s Diner. These challenges derive from lack of strategic planning, management operation, human resources management, marketing strategy and non-compliance of labor laws, and taxes regulations. These challenges pose legal ramifications for their business. Dean and Chris, 22 and 24 years old, respectively, made their dream a reality in June of 2002 when they accumulated enough money to buy Plato’s Diner. Plato’s Diner is a 1950’s diner located upstate New York and

According to Stone (2013), discrimination is when another person is differentiate from another groups based on their sex, race, disability, marital and parental status. In the anti-discrimination legislation, it is known as making a group in advantaged and the other are in disadvantaged. Employment discrimination happens when employees and job applicants were discriminated because of their weaknesses, their family medical history, women that are pregnant, or the connection with a certain individual. (Doyle 2017). Discrimination has a lot of type such as discrimination by the society, discrimination that are indirect, harassment, and victimisation. (Different Types of Discrimination n.d.) Therefore, Human Resource Management

If we look at into the various ingenious devices developed by the Courts to contain the mischief of exclusionary clauses usually incorporated in the standard contract is wide. Most importantly Exclusion clauses are the main sources of in standard contract. Exclusion clauses usually written down that say that one party to the contract will not be responsible for certain happenings. For example, if you join a gym, it is common for the contract to say that the gym owner will not be responsible if you are injured while exercising. If you arrange to park your car in a public carpark for a fee, the owner will often seek to include in the contract a provision that they will not be responsible for damage to your vehicle or theft of goods from it, while