Kaplan, Brewer, Maxey & Haralson, P.A., lawyers in Little Rock, AR, Arkansas

Constructive Discharge

Although in most states, at-will employees--those who work without an employment contract or collective bargaining agreement--can be fired by an employer for the slightest reason or in fact no reason at all, there are certain circumstances under which the termination of an at-will employee may be found to be wrongful under the law. One example of wrongful termination is a retaliatory firing after an employee reports an employer for a violation of state or federal law. Another type of wrongful termination is called constructive discharge. Constructive discharge occurs when an employer makes an employee's work conditions so intolerable that any reasonable employee in that situation would have no choice to quit and the employee does in fact resign his position. More...

The National Center for the Workplace

In 1992, Congress sought to address "problems created by the simultaneous convergence of broad economic, social, cultural, political, and technological changes in the workplace" and established the National Center for the Workplace (NCW). More...

Mine Safety and Health Act of 1977

Although mine operators have been subject to federal regulation for nearly a century, the Mine Safety and Health Act of 1977 has significantly improved the safety of mining. Mining accidents, particularly mining fatalities, have dramatically decreased since the passage of the Act, the purpose of which was to protect the lives of miners and to prevent injuries. More...

Affirmative Action - Executive Order 11246 - Affirmative Action Regulations

The Office of Federal Contract Compliance Programs (OFCCP) has issued rules and regulations for the purpose pf achieving the aims of, and compliance with, Executive Order 11246. Some of the regulations deal with affirmative action programs. One such regulation sets forth the requirements of written affirmative action compliance programs which a contractor and subcontractor must develop for each of its establishment within 120 days from the commencement of a contract. Contractors and subcontractors covered by this regulation include those with 50 or more employees and government bills of lading, which in any 12-month period total or can be reasonably expected to total $50,000 or more.More...

Arbitration -- Labor Agreements -- Substantive Arbitrability

In addition to wages, hours, and benefits, one of the fundamental elements of the labor agreement between a company and a union is the procedure for filing a grievance. Grievance procedures refer to the process by which employers and employees deal with disputes over contract terms, disciplinary actions, and terminations. Based on the nature of the issue and the level of disagreement, these procedures range from simply filing a complaint to a full-blown lawsuit. Somewhere in the middle is arbitration.More...