Employment law is a rather broad area of law that relates to all employer and employee relationships. Employment law is defined as the protection of employees from mistreatment from their employers. Employees are people who in economic reality are dependent upon the business to which they render their services. A way to test if a person is an employee is the degree and nature of control the person’s employer has to the manner the work is performed. To determine whether someone is an employee, the person’s skill level, permanency and what role they play in the overall business will be analyzed. If a person is determined to be an employee, they are eligible to be protected from their employers under employment laws and regulations. Employment laws establish minimum wages, limit the number of hours a person can work in a week and prevent children from being exploited. Rules also regulate the conditions of a workplace and require workers to take precautions and actions to protect people who work in the place of business. Statutes and regulations concerning employment law are at the state, federal, city and county levels.A few large areas covered under employment law are collective bargaining, employment discrimination and worker’s compensation. Collective bargaining relates to negotiations that take place between an employer and a group of employees to determine employment conditions. Once negotiations commence, the result is a collective bargaining agreement. Many times employee’s interests are represented by a labor union or other organization. Collective bargaining is regulated by federal and state law, judicial decisions and administrative agencies. The main law that governs collective bargaining is the National Labor Relations Act (NLRA). The NLRA gives employees the right to collectively bargain and join labor unions for this purpose. It applies to most private employees who are not engaged in agriculture and who are engaged in interstate commerce. The NLRA establishes guidelines for the selection of labor organizations to represent employees in the bargaining process and prevents employers from interfering with this selection. The NLRA also establishes what bargaining methods (picketing, strikes etc.) may be used by both employees and employers. Further, arbitration between both parties is often used in collective agreements and is another alternative to dispute resolution. Arbitration involves both parties selecting a neutral third party to hold a hearing in an attempt to resolve any disagreements. The arbitrator then renders a decision that binds both parties.
Employment discrimination is another large area covered under employment law. The United States Constitution makes discrimination by federal and state governments illegal. Employment discrimination in the private sector is not directly prohibited by the constitution; however, state and federal laws have addressed this issue. Employment discrimination laws aim to prevent discrimination based on sex, race, national origin, physical disability, sexual orientation and age in the workplace. Discrimination may come in the form of hiring, issuing promotions, firing workers, providing worker’s compensation, and harassment. Most of the employment discrimination laws are made up of federal and state statutes. Most notably, Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace. The Act applies to most employers that are engaged in interstate commerce with more than fifteen employees, labor organizations and employment agencies. The Equal Pay Act is another major discrimination law that makes it illegal for employers and unions to pay employees different wages based on an employee’s sex. However, this act only applies to sex and does not prohibit other discriminatory hiring practices.
Worker’s compensation laws were put into place to make sure that employees who are injured or disabled while performing their job are able to receive monetary compensation, thus eliminating the need for litigation. Worker’s compensation laws also provide monetary compensation for those who are dependent on a worker if he or she is killed during an accident while on the job. Some worker’s compensation laws also aim to protect employers and other employees and limit the amount an injured worker may receive and prevents co-workers from being liable in most accidents. Federal and state statutes regulate worker’s compensation laws. However, federal statutes are limited to federal employees or to employees who are involved in work that substantially affects interstate commerce.
The Fair Labor Standards Act establishes minimum wage and overtime right for private and governmental employees. The Act doesn’t stop state and local governments from providing more protection to employees. The Fair Labor Standards Act is a minimum that employers have to reach on a federal level. However, they must also comply with all state, city and county laws as well.
The Occupational Safety and Health Act (OSHA) sets specific standards about workplace safety. Employers must meet OSHA standards in order to have a safe workplace. The Act also covers whistleblowers. Whistleblowers are employers who make a complaint to government officials about any unsafe conditions at the workplace. Although OSHA is a federal government agency, OSHA allows state government to take over any administration of the Act in their respective areas as long as the state passes laws that protect workers’ right at least the same way federal law does.
The Civil Rights Act of 1964 also included many employment laws and regulations. The Civil Rights Act of 1964 made it illegal for an employer to discriminate against any employee, or potential employee, on the basis of race, gender, national origin and religion. The Age Discrimination in Employment Act protects employees over the age of 40 in the workplace. The Act makes it illegal for an employer to discriminate in hiring, promoting, wages or termination of employment and layoffs.
