What is Labor and Employment Law? Employment is atwo-way street. Employees are entitled to lawful pay for the work performed,to a safe work environment and to be treated in a non-discriminatory manner.
What are examples of labor laws?
Examples of Labor Laws. Take, for example, a minimum wage rate of $7.25/hour. A sales representative is paid $5/hour and also earns 10 percent of any deals he or she successfully makes. Let’s assume that, one week, the employee worked 40 hours and sold $500 in deals, gaining a total commission of $50.
What are the labor laws in the US?
Wages and Hours WorkedMinimum Wage and Overtime Pay – Fair Labor Standards ActWage Garnishment – Consumer Credit Protection ActWorker Protections in Agriculture – Migrant and Seasonal Agricultural Worker Protection ActChild Labor Protections (Nonagricultural Work) – Fair Labor Standards Act – Child Labor ProvisionsMore items…
How does labor law work?
Labor law has traditionally encompassed the relationships among unions, employers, and employees. Labor laws grant employees in certain sectors the right to unionize and allow employers and employees to engage in certain workplace-related activities (for example, strikes
What is the definition of labor laws?
Labour law, the varied body of law applied to such matters as employment, remuneration, conditions of work, trade unions, and industrial relations. In its most comprehensive sense, the term includes social security and disability insurance as well. Unlike the laws of contract, tort, or property, the elements of labour law are somewhat less homogeneous than the rules governing a particular legal relationship.
State Vs. Federal Law
There are two categories that separate employment law: state and federal. Federal law include laws that should be abided by and that are governed by a larger governmental entity like a country. State law addresses the rules and regulations unique to a particular state within the country.
Title VII of the Civil Rights Act of 1964
The Civil Rights Act of 1964 was passed at a chaotic time in United States history as the country was beset with racial injustice, war, employment inequality, and a host of other societal ills.
Fair Labor Standards Act
The Fair Labor Standards Act provides employment regulations that determine the following:
OSHA is an abbreviation for Occupational Safety and Health Administration. This agency was created by the United States Congress in 1970 as a part of the Occupational Safety and Health Act of 1970. Its responsibility is to ensure that work environments are safe for employers and employees.
A person who is unemployed is not working on a job daily. This individual may have been laid off from a job, recently graduated from college, or is making preparations to join the workforce. For whatever reason, this person is not gainfully employed receiving a weekly, biweekly, or monthly financial compensation.
How to show interest in labor law?
You can show this interest by interning with an organization undertaking labor or employment law work, writing relevant articles for journals, taking courses focused on labor and employment law issues, and/or participating in a clinic dealing with labor or employment issues.
What is the role of an attorney in labor relations?
Attorneys play a role on both the labor and management side of labor relations disputes. Labor and employment attorneys work in private firms; nonprofit policy and direct service organizations; and federal, state, local, and international government agencies. Typically, labor and employment lawyers stick to one “side” of representations – working on behalf of employers, employees, or unions – although there are more nuanced situations, such as representing executives or non-competition agreements.
What is discrimination in the workplace?
Discrimination in the workplace is another basis for many employment law cases. The Civil Rights Act of 1964 and subsequent legislation such as the Age Discrimination in Employment Act and the Americans with Disabilities Act make it illegal to treat workers differently based on ethnicity, religious beliefs, gender, age, or disability. Many employees seeking to pursue discrimination claims hire attorneys, as they must follow detailed procedures, such as obtaining a Right-To-Sue letter from the Equal Employment Opportunity Commission (EEOC). Employers hire attorneys to defend against these lawsuits and to ensure compliance with appropriate laws before disciplinary action or termination occurs.
Why do employers hire attorneys?
Employers hire attorneys to defend against these lawsuits and to ensure compliance with appropriate laws before disciplinary action or termination occur s. Current “hot” issues in labor and employment law include sexual orientation and gender discrimination, race and national origin discrimination, and the exercise of religion in …
What is employment law?
Employment/Labor Law. Labor and employment law deals with a broad area of law that governs the rights and duties between employers and workers. Many of the governing laws are designed to keep workers safe and ensure they are treated fairly, although laws also protect employers’ interests. Employment laws are based on federal …
What is the job of a labor and employment lawyer?
Labor and employment lawyers who work for government agencies may spend much of their time engaged in rulemaking and regulatory enforcement, and those in private practice engage in a good deal of advice work.
What is the role of an attorney in alternative dispute resolution?
While the roles that attorneys play in alternative dispute resolution may vary, most of the mediation and arbitration work is centered on issues arising under contracts between employees and their employers , whether a collective bargaining agreement with a union or mandatory arbitration clauses in employee handbooks.
What is employment law?
Employment law deals with the terms of individual employment contracts, and issues that arise as a result of disputes between the employer and employee regarding specifics of the employment contract. Some of the most common employment law applications are lawsuits dealing with workplace issues like discrimination, harassment, employee privacy rights, wage and hours, overtime, breaks and whistleblower rights.
What to do if your employer violates labor laws?
If you feel your employer has violated an employment or labor law, reach out to The Brown Firm today for legal advice and representation. Our team of qualified attorneys will address your workplace concerns and ensure you are protected by federal and state employment and labor laws.
What is the difference between labor law and employment law?
The primary difference between employment law and labor law is the relationship between the employer and the employee. If the law concerns the relationship between an employer and an individual, this typically falls under employment law. If the law concerns the relationship between an employer and a group of people (such as a union), then that falls under the domain of labor law. The two terms are often used interchangeably and do share some commonalities; however, they are two separate forms of practice. Attorneys may specialize in one practice or another; therefore, it is important to discern if representation should be from an employment law attorney or a labor law attorney.
What is the function of a union?
A union attempts to organize employees and have the employer recognize its function as the employees’ bargaining representative
What is labor law?
Labor laws are laws concerned with unions and the right of workers to take part in collective action to bring about change in working conditions and pay. Labor laws protect groups of employees and labor unions, as well as employers.
Is Virginia a right to work state?
It is also important to note that while there are federal labor laws, some matters are still at the state’s discretion. For example , Virginia is a “right to work” state, where an employee can decide for themselves whether or not they want to join a union in their workplace. “Right to work” forbids unions from requiring all the employees that benefit from union negotiations to join and pay dues to that union as a condition of their employment.
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What to do if you have questions about FMLA?
If you have unanswered questions about the FMLA or you believe someone has violated your rights under FMLA, contact the Department of Labor’s Wage and Hour Division for assistance.
What is the Department of Labor’s Wage and Hour Division?
The U.S. Department of Labor’s Wage and Hour Division (WHD) administers and enforces some of the nation’s most comprehensive labor laws. These include the Fair labor Standards Act (FLSA). These laws govern:
What are the laws that the EEOC enforces?
Laws that the EEOC Enforces. Federal employment discrimination laws include: The Americans with Disabilities Act (ADA) – prohibiting discrimination against workers with disabilities and mandating reasonable accommodations. The Age Discrimination in Employment Act of 1967 (ADEA) Title VII of the Civil Rights Act of 1964 (Title VII) …
How many employees are required to be covered by the EEOC?
Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees.
How to report mine safety?
Mining: Contact the Mine Safety and Health Administration (MSHA) at 1-800-746-1553 or file online to report mine safety or health hazards. For complaints about safety issues on the road, such as being forced to drive in unsafe conditions, fill out the online complaint form or call 1-888-DOT-SAFT ( 1-888-368-7238 ).
How many hours can you work overtime?
An employer may require or permit a worker to work overtime. The Fair Labor Standards Act states that workers who clock more than 40 hours per week are to get overtime pay. There are few exceptions to this rule.