Employment law covers almost all known forms of contacts between the chief and the worker. The exception is negotiating the terms of collective agreements. The sphere of occupation is supervised by a lot of papers at the federal and local levels that determine minimum wage norms or other remedies.
Overview of the Employment Law
Labor legislation consists of numerous regulations. For instance, acts about discrimination are aimed at establishing equality on the part of owners. I.e. no businessman has the right to refuse placement based on sexual, racial, national or other grounds.
Such regulations are designed to combat prejudice in hiring at work or moving up the career ladder. The boss should not be guided by personal interests, only by the professional qualities of the laborer. In addition to individual laws, there is a Fifth amendment for US citizens. It provides that the government cannot deprive people of life, liberty or property without legal procedure.
A lot of documents protect the rights of coworkers in private enterprises. Some of them only indirectly affect the authorities, while others severely limit their power. Employment Law includes:
- The Equal Pay Act, regardless of gender
- The Civil Rights Act of 1964 contains an anti-discrimination point regarding labor links. Under its jurisdiction are companies, trade unions, and employment agencies involved in interstate commerce.
- The Age Discrimination Act (ADEA) supports persons aged 40 to 65 years. At the same time, the offended collaborator is able to file a complaint within 60 days after the incident on an individual basis against federal employers. Based on this act, a businessman can legitimately give preference to an elderly and experienced person to the young one.
- The Disability Act (ADA) prescribes the duties of coworkers with disabilities in the institutions of private, state or local authorities.
- The Family and Medical Leave Act affords wage-earners the right to receive unpaid time to care for a newborn or sick family member.
- The Fair Labor Standards Act (FLSA) refers to companies with a profit of $ 500,000 or more per year. According to it, qualified individuals should get at least half the payment for overtime work. But this document does not provide for regulation of the number and duration of breaks.
Types of Employment Laws
Experts distinguish many sorts of working contacts. They may be contractual or voluntary ones. In the first case, it is the signed contract as the main source of regulation. In the second situation, an agreement can be terminated at any time on the initiative of one of the two sides.
Employers often complain about overloading with laws that describe the nuances of workdays. A lot of them contain similar items or come into force only in specific events. Let's take a closer look at the diversity of similar statutes.
Civil Rights Laws
The mentioned standards strictly pursue discrimination on the part of business owners. According to them, regardless of race, religion, sexual orientation, age or any other parameter, each person has the right to receive a job if his/her professional competencies correspond to future place. They are based on the acts of 1964 and numerous amendments made over the past few decades.
This ordinance applies to the chiefs with a staff of 15 or more people. The law on citizens with disabilities was published back in 1990. It focuses on protecting individuals with physical, mental or genetic abnormalities. Businessmen should seriously think about hiring and firing such collaborators, as hasty actions can lead to lawsuits.
Workers’ Compensation Laws
They work in case of injury or illness in the job place. Each state offers its own vision of the problem. For example, in Texas, the authorities may either provide insurance to their personnel or completely abandon such practices. Of course, after acquiring insurance, akin wise masters get protection from court cases and fines. So, refusal entails a lack of loyalty from higher institutions and reimbursement of all losses incurred.
Family and Medical Leave Laws
The adoption of these norms allows coworkers to take unpaid leave lasting 12 weeks for 12 months. This period is unpaid, but it keeps your working status while you are not in the office. As a rule, they resort to him/her for caring for a sick relative, a newborn or in connection with the last months of pregnancy.
The effect of the indicated rule distributes to those wage-earners who have worked for at least 1250 hours during the year. He or she must be registered in a multidisciplinary firm with a staff of 50 people. Family statutes cover both the public and private sectors.
Labor Relations Laws
Even at the federal level, you can find the acts, protecting the members of trade union activities. According to the letter of the law, the businessman does not have the right to discriminate against the workers in connection with his/her actual or alleged participation in the mentioned organization. The Law on National Labor Relations states that in case of dismissal of a laborer due to membership in a trade union, he or she must be recruited with payment of the appropriate compensation.
Workplace Safety Laws
These standards require the boss to create not only comfortable but healthy working conditions. It means that during or after the end of the workflow, a collaborator should not experience discomfort or become covered with red spots. This bill is aimed at the full support of employees from the dangers associated with the influence of noise, dust, chemicals, mechanisms or unsanitary circumstances. Unacceptable situations also involve recurring injuries or frequent infectious diseases, which indicate the negligence of the chiefs.
Compensation and Child Labor Laws
This resolution includes recommendations for the placement of children under the age of 16 years. The Law on Unemployment Compensation is called upon to financially insure the laborers in case of finding a new job or an economic crisis. It provides workers with cash for a period determined by Congress. A similar principle is based on the federal act of 1935. Naturally, each country sets its own standards, determining which specialties and in what size can expect to receive benefits.
The paper establishes the minimum for pension rates by private entrepreneurs as limits the impact of federal taxes on operations related to their management. ERISA requires the highest level of staff service from the manager. Such a document offers detailed rules for drawing up defined contribution plans ensuring that the required amount is received by laborers.
Immigrant Employment Laws
Back in 1986, Congress initiated changes regarding immigration reform and control over the flow of visitors. As to it, masters are strictly prohibited from employment relationship with immigrants who do not have legal rights to work in the United States. Illegal collaborators are deported, while violators expect high fines.
Thus, because of its scale, employment law requires careful and serious study, both from employers and ordinary workers. The first can get confused in the acts and make the wrong decision, which is fraught with penalties or court. The second ones are obliged to know about their duties so that in case of their violation, they must demand material compensation. But all players have to understand that ignorance of laws does not absolve from responsibility.