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Employer/Employee Issues

Employer/Employee Issues Also, known as Employment Laws, and Labor Laws.

This law governs the duties, rights, and responsibilities that exist between employers and their employees.

This law stipulates that rules be designed so as to ensure the safety of workers and their fair treatment. It also ensures that the interest of employees is protected.

Employment Laws are often based on the constitutions, legislation, rules and court opinions of both the Federal and State levels of government.

Sometimes, the relationship surrounding employment may be governed by contracts.

Wage and Hour Violations

Many of the issues concerning employers and employees that result in litigation often deal with the violation of wage and time.

With respect to these issues, the Federal Government has established baseline rules to which the States are allowed to provide additional protections to.

An example of this is the federal minimum wage that pays $7.25 per hour. It is the duty of the State to add to the minimum wage provided by the Federal if they so desire, and not to reduce it. This is a decree to which all employers in the state must comply with.

Employment laws concerning wage and hour also require overtime pay. There is no limitation on the number of hours that adults may work per week, however, the adult worker becomes subject to overtime pay (time and a half pay), once the weekly hour of work reach 40.

Rules, however, exist to control the working conditions and hours of workers below 18 years.  

Discrimination

Discrimination happens to be another major topic for discussion in Employment Law cases. The Civil Rights Act of 1964 and other Acts deem it illegal to treat employees differently as a result of their race, gender, religion, age, disability and more.

The “At Will” Presumption

This refers to the presumption made by the law, that the relationships between employers and employees are at will.

It states that employers and employees are able to terminate the relationship they share whenever they want to, and for any reason, they want to.

Other issues concerning employers and employees include:

  • Employment background checks
  • Labor Unions
  • Family and Medical Leave Act
  • Wrongful Discharge of Employee
  • Worker’s Compensation
  • Unsafe Workplace Complaints