Employment Law

Whether you are entering the job market for the first time or were recently terminated, it is important to understand your rights as a worker. Both federal and state governments have enacted a wide range of employment laws protecting employees from discriminatory treatment, unfair labor practices, unsafe work conditions, and more. This section provides in-depth resources on all phases of the employment process — from the interview and hiring stage to promotion and termination. In addition, you’ll find information about privacy in the workplace, wage and hour laws, workplace safety, family leave policies, and detailed advice on hiring an employment lawyer.

Common Employment Law Issues:

Employment law issues can arise in a wide range of situations. One of the most common circumstances occurs when an employee is fired for an illegal reason. Under federal law, employees may not be terminated on the basis of their race, gender, ethnicity, religion, disability or age. Employers who do so may be subject to civil liability for wrongful termination. The ban on discrimination applies not only to firings, but to other aspects of employment, including hiring and promotion decisions.

Federal and state laws also protect employees from unfair labor practices. Employers must comply with wage and hour laws, like the Fair Labor Standards Act, that dictate how long an employee can work and how much he or she must be paid. Employees’ rights extend to family life as well. For example, the Family and Medical Leave Act ensures that employees are granted time off to welcome a new baby, or deal with illness.

Other employment law issues involve workplace conditions. The Occupational Safety and Health Administration, for example, requires employers to provide a safe workplace by adhering to national safety standards. Failing to do so can lead to fines and civil liability. In addition, employees generally have certain privacy rights while at work. For example, employers typically can’t monitor personal telephone conversations or search an employee’s car.

Basic Employee Rights:

• Free choice of employment.
• Just and favorable conditions of work and protection against unemployment.
• Equal pay for equal work without any discrimination.
• Just compensation.
• Form and to join trade unions for the protection of his interests.
• Rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Other important employee rights include protection against employer retaliation, the right to some privacy in some matters, the right to take a leave to care for a sick child/family member, and a safe and harassment free workplace.

Some Specific Employee Rights You Should Know About:

• If you are pregnant, you have the right to take a leave under your employer’s policies, state law, or the federal Family and Medical Leave Act (FMLA) to give birth or to care for their newly born child.
• If you are required or permitted to work overtime, you must be paid premium pay for such overtime work. Overtime pay is for hours worked over 40 in a workweek at a rate not less than time and one-half your regular rate of pay.
• Sexual harassment, such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, is an actionable wrong, not just against the offending party but also against employers who refuse to take proper action.
• Regardless of fault, an employee with a work-related illness or injury can get workers’ compensation benefits. However, in exchange for these guaranteed benefits, employees usually do not have the right to sue the employer in court for damages for those injuries.
• Men and women who perform work of similar skill, effort, and responsibility for the same employer under similar working conditions must be provided the same wages and benefits.
• An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee, as long as it would not impose an “undue hardship” on the operation of the employer’s business.
• Business policies such as English-only at work must show that it is a necessity and reasonable for the operation of the business. Likewise, any specification of an age limit (in job notices and advertisements) must be a “bona fide occupational qualification” (BFOQ) reasonably necessary to the normal operation of the business.

Unemployment Insurance:

Unemployment insurance, or unemployment compensation, helps unemployed workers maintain some level of income while in between jobs. The federal government, in conjunction with state programs, operates these programs from revenues garnered from American taxpayers. Each state program operates its unemployment compensation programs differently concerning administration, qualifications for benefits, and how much benefits unemployed persons can receive. If you are not sure if you qualify for unemployment insurance, or you believe you have been denied compensation unfairly, a labor attorney can help you.

Resolving Employment Disputes:

If you feel that your rights as an employee have been violated, instead of filing a legal employment suit, you should first attempt to resolve the dispute through open and honest communication with your employer. This is often accomplished through the informal mediation of an HR representative.

For more serious matters, or those that are best not dealt with internally, an employee may consider formal mediation, arbitration, or any other alternative dispute resolution method instead. Realistically, the costs of litigation generally far surpass any amount of economic or personal damages in most work-related disputes. A consultation with a labor lawyer can help you decide whether or not filing suit is in your best interest.

Employment Law Attorneys:

If you or a loved one is involved in an employment law dispute, it’s in your best interests to consult with an attorney. Since employment is such a broad area of the law, employment lawyers typically specialize in one or a few aspects of practice. It’s therefore important for you to seek out a lawyer who is experienced in the relevant area of employment law. For example, if you feel that you’ve been the victim of workplace discrimination, you should seek out an attorney who has experience handling the type of discrimination claim you’re bringing. On the other hand, if you’re looking to appeal a workers’ compensation decision, you should find an attorney who is versed in the administrative procedures involved in workers’ compensation law.