Employment Law Topics

Employment law is a term that encompasses a collection of employment laws, both federal and at the state level. Employment law refers to laws governing employer / employee rights and privileges. Employment law covers issues such as discrimination, minimum wage, harassment and labor.

Employment law includes the Fair Labor Standards Act that outlines regulations as to minimum wages and overtime compensation. FLSA also protects children by limiting workable hours and placing age requirements for employment. FLSA also protects workers who file against employers under FLSA.

Employment law also includes ERISA, or the Employee Retirement Income Security Act. ERISA protects employees from mismanagement and improper coverage of any employee benefit plans offered by the employer.

In addition, employment law covers issues such as discrimination and harassment. Employment laws regarding discrimination ensure individuals are not discriminated against due to race, ethnicity, age, gender, sexual preference or religion. Laws protect individuals in the hiring process as well as provide protection regarding promotions and termination. Employment law also prohibits discrimination of pay based on race or gender.

Collective bargaining is another aspect protected under federal employment laws. Collective bargaining refers to a system where a group of employees bargains with an employer for agreeable wages and working conditions. Often, the employees are represented by a labor union. The law regulates and guides collective bargaining via the National Labor Relations Act. The act allows employees to join labor unions and requires employers negotiate with representatives of the union. While the government does not require agreements be met, it does outline rules for bargaining in good faith.

Another element of Employment law is workplace safety. Under OSHA, or the Occupational and Safety Health Act, a governmental advisory board was established to ensure the health and safety of workers in the workplace. Under OSHA, employers are responsible for maintaining health and safety regulations and are held accountable when requirements are not met.

Employment law also covers unemployment compensations. Through federal and state aid, workers are entitled to unemployment compensation when terminated from a job at no fault of their own. Unemployment compensation was designed to allow an individual ample time to find new employment without fear or worry of lost wages.

Employment law is a series of laws and acts that help protect the average worker from any wrongdoing handed down from an employer. With the support of employment laws, individuals are entitled to proper and fair employment as well as fair and acceptable treatment as employees. Even in unemployment, employment laws protect the average worker.

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Employment Law News

If you own a business one of the things you will find useful is a good technique in recruiting staff. You need to find the most efficient way to recruit because employees are an investment in your company. You also may find there are times when you need to take on extra staff. This could be both good new and bad. Good because this means that your business is good bad because you're not sure what capacity you should hire workers. In whatever capacity, you will need to observe aspects of employment law.

Some things you should consider before taking on new employees is asking any part time workers if they would like to become full time. You could also adopt more flexible working hours such as earlier times and later finishes. You could also consider offering overtime. Overtime does cost more but in the long run may be more efficient than taking on temporary that you don't know.

By offering theses schemes, the work can be done by people you know and trust it can also make for better work environment. Even if an employee declines the work it's always nice to be asked. All of the before mentioned options are completely consistent with employment law.

If you have tried and failed with offering the previous schemes then according to employment law take on temporary staff. Agencies can be a good source for this. You will have to pay an agency fee but in many cases they will do the advertising and the screening for you. Generally, the agency will handle the payroll for you as well. You are not bound by the same employment laws when hiring agency staff. Generally you can use them until they are no longer needed and let them go. However, employment law does require you to do some duties toward them/ you, under employment law must provide a clean safe work environment and have a working grievances policy against sexual and other types of harassment.

Employment law will allow agency staff to bring legal action against you should you fail to provide the basics.

Running a business can be extremely rewarding but it does have its share of headaches. Make yourself familiar as possible with employment law. It can make your life a lot easier.

Employment Law Statistics

With all of the employment laws out there protecting us one would think that many if not all work places are safe, happy environments. Well according to employment law statistics this is not the case. Daily there are reported cases of sexual harassment, unsafe working environments, verbal and physical abuse and unfair dismissal. These problems according to employment law statistics cost the nation millions in litigation and reduced productivity. What can be done about these issues? Where can you turn? Employment law statistics name sexual harassment as one of the largest problems in the workplace today. Sexual harassment is defined as any unwelcome sexual behavior that makes for a hostile work environment or an uncomfortable work place.

Some of the misconceptions are abuse coming from the opposite sex, abuse coming from a superior and the end result resulting in someone being fired. Sexual harassment can be these things but is not limited to them.

Another key problem according to employment law statistics is unsafe or hazardous work environments. According to employment law, your employer has a duty to provide a safe work environment with appropriate grievance procedures in place for issues such as sexual and other types of harassment. If the fail to do so the are in violation of employment law and can be prosecuted Work related injuries cost the country millions health care costs, loss of productivity and litigation.

Employment law statistics state that unfair dismissal seems to be another key issue. This can be tricky because companies are allowed to set their own policies toward hiring and firing. Provided these policies themselves to not break the law then they should stick. However, you do have some rights. Generally, you need to have reason to be fired or dismissed. Unless you are a temporary employee or contracted for a specific amount of time an employer cannot terminate you without cause make sure you are aware of your company's rules and regulations and read your contract thoroughly. It may be good advice to have an attorney look at it as well.

There is no doubt the work place has come a long way, however according to employment law statistics we still have a ways to go.

Employment Law Statute of Limitations

If you have studied or read about any aspect of law then you may have come across the term statute of limitations. Employment law is no different. There is indeed, employment law statute of limitations. Employment law statute of limitations are put in place largely for the same reason any other statue of limitations are put in place. Employment law statue of limitations helps to protect against old outdated law suits being brought forward using up time and limited resources. Over time, people's memories fade, evidence becomes less usable and society's norms change. If there were no employment law statute of limitations then technically one could sue for being paid less than the current minimum wage. 20 years ago the minimum wage was much lower that it currently is. Rules and laws about what is expectable in the workplace also change and if there were no employment law statute of limitations there would be nothing to prevent countless wage and discriminations suits coming forward from as far back as human memory would allow.

It is difficult to talk about specific employment law statute of limitations because each state is allowed to set their own. All the 50 states have the right to set their own laws in place regarding employment and provided their laws do not come in conflict with federal law then they should stick.

The states can also set their own conditions as far as employment law statues of limitations. This is usually from when they take effect. Sometimes it starts with the violation itself or sometimes before or after.

Many cases there are exceptions to employment law statute of limitations Sometimes these occur when a minor is involved or when the violation is considered so bad that they are willing to let the time limit slide. Again, these are all up to the individual states in what they decide to do regarding Employment law statues of limitations.

Employment law statute of limitations may not seem exactly fair. Someone could get away with wrong doing simply because time was on their side. If you believe you have a case against your employer its best not to hesititate.You could run into Employment Law statute of limitations and loose your opportunity.