Employment law covers all aspects of the employer-employee relationship, including past, present, and future employees, and differs from labor law. Labor law deals more with the relationship between labor organizations and employers, where employment law deals with individuals.
Areas covered by employment law include:
State and federal law provides for and protects employee rights and defines employer responsibilities. All employees, even job applicants, have certain important rights to expect in their workplace, including:
Employers have requirements under Federal law to regulate most of the rights afforded to employees.
The Fair Labor Standards Act regulates applicable salary, duration of work days, and breaks. Minimum wage is part of this regulation and is nationally $5.15 an hour, although some states have their own minimum wage laws. Where applicable, the employer is required to pay the higher amount, although exemptions do exist for professional, independent contractors, outsides sales, administrative, and executive positions.
Title VII specifically exists for companies with 15 or more employees. It prohibits discrimination based on race, national origin, religious beliefs, color, or sex. Most states have extended Title VII to include pregnancy, disability, age, marital status, and, in some states and cities, sexual orientation and gender identity.
The Family Medical Leave Act provides the right to take leave due to an illness, birth, or adoption. In companies of 50 or more, an employee has a right to 12 work weeks of unpaid leave during a 12 month period to care for an immediate family member's serious illness, a personal serious health issue, a birth, or an adoption.
The Age Discrimination in Employment Act only applies to workers over age 40 and in workplaces with 20 or more employees. ADEA prohibits employers from giving younger workers preferential treatment that is detrimental to older workers, but does not prevent employers from giving preferential treatment to older workers over younger workers.
The Americans with Disabilities Act prohibits discrimination due to a qualified disability if they can perform the job functions with or without reasonable accommodations. A disability is defined as a physical or mental impairment which significantly limits major life activities.
Consult a qualified employment attorney if you believe your employer has been in violation of any of these protections, or if you're an employer with questions about any aspect of employment law. Even the most careful employer can find themselves in difficult situations and can use professional legal advice.
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