Employment law regulates the rights and commitments of employers and employees. Both state and federal laws administer areas such as minimum wage, overtime pay, and length of work week, employee benefits, workplace safety, discrimination, unemployment, disability and workers ’ compensation. Many employment laws were enacted as protective labor legislation; others take the form of public insurance.
An employee and employer may work together to resolve employment-related problems. However, conflicts could arise that require legal guidance to effectively resolve. While some employers have human resource departments and in-house legal counsel to assist them, an employee must seek the services of an employment law attorney to protect his or her rights.
Hiring Process
The law governing the hiring process aims to balance valid employer needs with prospective employee rights. Things that employers do before and after an interview may be regulated by various laws.
Termination Process
There are limitations on terminating an employee, and employees who have been terminated are granted certain rights under the law. It's important to know these rights and limitations, and to understand the various methods of insuring yourself in the event that you lose your job.
Labor Law
Labor laws primarily deal with the relationship and bargaining power between employers, employees and unions.
Pension
A pension is a regular monetary payment that former employees receive from the employer from which they retired. Pensions are governed primarily by federal statutory law.
Unemployment compensation
Unemployment payments (compensation) are intended to provide an unemployed worker time to find a new job equivalent to the one lost without financial distress.
Minimum Wage
Minimum wage laws establish a base level of pay that employers are required to pay certain covered employees. The laws consist primarily of federal and state statutes.
Employment Discrimination
Employment discrimination laws seek to prevent discrimination by employers based on criteria such as race, sex, religion, national origin, sexual orientation, physical disability and age. Discriminatory practices include bias in hiring, promotion, job assignment, termination and compensation along with various types of harassment.
Workplace Safety
Workplace safety and health laws establish regulations designed to eliminate personal injuries and illnesses from occurring in the workplace.
Workers’ Compensation
Workers' compensation laws provide injured employees with monetary payments from employers in an effort to avoid litigation.