Employment Labor Law

Looking for information and advice about Employment Labor Law? Find it here on FreeAdvice’s award-winning site for legal information. This section contains articles regarding hiring, firing, job discrimination, sexual harassment, wage and hour, workers compensation, retirement and benefits, and much more.

Virtually any issue related to a person’s employment is governed by a mix of state and federal law. Federal employment law often affords workers greater protections then state law alone. Additionally, employment law encompasses a number of different areas of law, for example a labor dispute may involve questions of constitutionality as well as contract law issues. With so many areas of law at play, finding an answer to one’s employment question can be difficult. Understanding the different areas of employment law is useful for someone seeking to resolve an employment dispute.

The first main area of employment law is “Wage and Hour.” Wage and hour refers to how much you are required to be paid and when. Most states have a minimum wage requirement, or adopt the federal minimum wage requirements. The minimum wage is the lowest amount by law that an employer is permitted to pay you. Even though you can negotiate a higher salary, employers are not required to pay a higher wage. They are not required to offer paid vacation, incentive plans, or insurance options. Wage and hour laws also affect when an employer is required to pay you. These are frequently referred to as “pay day” laws. An employer cannot hang onto your check for several weeks. If your regular payday is Friday, then they are required to pay you on Friday. If your employer does provide insurance or a 401K plan, then wage and hour questions will tend to overlap with another sub-area of employment law called “Benefits”. Many benefits questions are governed by federal statutes like The Employee Retirement Income Security Act (ERISA) and The Health Insurance Portability and Accountability Act (HIPPA).

The second main area of employment law is worker’s compensation, often referred to as “worker’s comp.” Worker’s comp refers to the compensation an employer is required to provide to an employee who is injured on the job. State employment laws dictate when an employee is entitled to benefits, as well as the duration and the amount of those benefits. Even though some federal laws apply, most workers’ comp issues are governed by state employment laws. Overlap typically arises over concerns regarding workplace conditions. Employers are required to provide a safe working environment. If an employer fails to provide adequate safety measures (such as equipment, exits, procedures, training), then the employer can be fined by the United States Department of Labor's Occupational Safety and Health Administration (OSHA) in addition to being required to compensate an employee for any injuries suffered.

The third main area of employment law is discrimination law. This covers hiring, firing, and workplace harassment. Virtually every state has some set of discrimination laws that mirror or supplement federal discrimination laws. For the most part, federal workplace discrimination laws are enforced by the Equal Employment Opportunity Commission (EEOC), a federal agency. The two main areas of prohibited discrimination are race-based discrimination and gender-based discrimination, although some states have laws that protect additional categories of persons. For example, California prohibits discrimination based on sexual orientation. An employee cannot be denied or terminated from a job based on their membership in a protected class. In spite of all of the protections that the law provides against discrimination, proving a hostile work environment or wrongful discharge claim is difficult without proper legal representation.

Anyone with an employment law concern should retain a reputable employment law attorney to help them navigate through the maze of relevant legal issues and administrative rules.