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Professional Rescuers

A rescuer who comes to the aid of a victim of a peril may be either an amateur or a professional, such as a firefighter or a police officer. With respect to amateur rescuers, the “rescue doctrine” may apply to allow the rescuer to recover against the creator of the victim’s peril for injuries that … Continue reading Professional Rescuers

Attorney Malpractice Liability to Non-Client

In the course of an attorney’s representation of a client, he may commit legal malpractice with respect to his prosecution, defense, or appeal of the client’s action or his preparation of transactional documents for the client. The attorney’s actions may constitute legal malpractice if he fails to use the skill, prudence, and diligence that attorneys … Continue reading Attorney Malpractice Liability to Non-Client

Workforce Investment Act

Congress passed the Workforce Investment Act of 1998 (WIA) to increase the employment, retention, and earnings of the nation’s workforce and to increase the productivity and the competitiveness of the United States. To affect these purposes, the WIA implemented a one-stop delivery system for training and job placement services. One-Stop Service Delivery System The WIA’s … Continue reading Workforce Investment Act

The Department of Labor

In 1913, Congress passed a law establishing the Department of Labor (DOL). The purpose of the DOL is to foster, promote, and develop the welfare of wage earners in the United States. It is also tasked with improving the working conditions of American employees and with advancing their opportunities for profitable employment. The Secretary of … Continue reading The Department of Labor

The Americans with Disabilities Act of 1990 and the Undue Hardship Defense

Background Congress passed the Americans with Disabilities Act of 1990 (ADA) to protect disabled workers from unfair discrimination on the basis of their disabilities. If a disabled employee or applicant can perform the essential functions of a job with reasonable accommodation, the employer is not allowed to make an adverse employment decision against that employee … Continue reading The Americans with Disabilities Act of 1990 and the Undue Hardship Defense

Refusing to Hire Striking Workers and the

National Labor Relations Act Background The National Labor Relations Act of 1935 (NLRA) was passed to give workers the right to collectively bargain with their employers. Through several amendments, the NLRA was expanded to provide a comprehensive framework for relations among employees, employers, and labor unions or representatives. The NLRA defines a number of unfair … Continue reading Refusing to Hire Striking Workers and the

Featherbedding and the

Featherbedding And The National Labor Relations Act Of 1935 NLRA Overview The National Labor Relations Act (NLRA) was passed in 1935 to promote the rights of workers and to encourage collective bargaining. The NLRA was amended in 1947 by the Taft-Hartley Act. The National Labor Relations Board (NLRB) was created by Congress to enforce the … Continue reading Featherbedding and the