MightyRecruiterEmployment law, sometimes referred to as labor law, is a tool that can be used to mediate the employer-employee relationship. An applicant and a former employee are both protected through the employment law as well as current employees. The relationship between employers and their employees can be very complex. There are regulations include the following:
” Wrongful Termination
” Workplace Safety
” Discrimination
” Wages and Taxation
There are, of course, federal and state laws that protect the employee’s rights. If you are an employer, you need to make sure that you fully understand the nuances of employment law. Use this beginner’s guide to get a few of your questions answered and take a deeper look at the important employee rights that are protected, the employer obligations that are enforced and key federal laws that apply to the employer-employee relationship.
Employee Rights
An employee deserves to be treated in a certain way no matter his or her religious beliefs, race, gender or sexual identity. That is why he or she has certain rights as an employee according to the labor law. The important employee rights include the following rights:
” Free from discrimination and harassment of all types during the application process and throughout employment
” Fair salaries for the work they performed
” Privacy, although this right may be limited concerning Internet and email use
” File complaints or claims without fear of retaliation
” Have a safe workplace that is free of toxic substances, dangerous conditions and other potential safety hazards
Employer Obligations
As an employer, there are certain laws that you have to abide by. You have to make sure to follow the letter of the law when it comes to avoiding discrimination and harassment, giving your employees privacy, creating a safe work environment and paying your employees fairly. The law is set up to protect the employees, but when you follow the regulations, you are also protecting yourself. If you don’t abide by these laws, you are opening yourself and your business up to a myriad of lawsuits and complaints.
Key Federal Laws
You need to make sure you are familiar with certain employment laws. What follows is a summary of a few key federal laws that you may need to know more about:
” Age Discrimination in Employment Act: This act prevents employers from giving unfair advantages to young employees solely because of their age. It does not prevent older employees from being favored over younger employees. It only applies to workplaces with 20 or more employees and employees who are 40 years old or older.
” Americans with Disabilities Act: This act defines a disability as a mental or physical impairment that significantly limits at least one major life activity. The act protects those who may or may not have a disability from being discriminated against. If an individual with a disability can perform the necessary tasks with or without reasonable accommodations, the person cannot be discriminated against because of their disability.
” Family and Medical Leave Act: This act states that employers are obligated to give employees up to 12 weeks of time off for eligible medical purposes. It does state that the employee has to work for the employer for at least a 12 month period during which the employee worked at least 1,250 hours before the leave has to be given.
” Title VII of the Civil Rights Act of 1964: This act only applies to employers who have 15 or more employees. It states that the employer cannot discriminate against an applicant due to race, religion, sex, national origin or color.
Get Legal Help
As an employer, you have to educate yourself on the laws and regulations that apply to your business. You then have to make sure that those laws and regulations are followed. If you have any questions about employment law, make sure to contact an employment law attorney as soon as possible.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.