One key area of labor law is known as Wage and Hour, which refers to how much an employee is required to be paid and when. Most states have a minimum wage requirement, or adopt the federal minimum wage requirements. Minimum wage is the lowest amount by law that an employer is permitted to pay an employee. Although higher salary can be negotiate 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.
These are frequently referred to as “pay day” laws. If regular payday is Friday, then they are required to pay their workers on Friday. If an employer does provide insurance or a 401K plan, wage and hour questions tend to overlap with another sub-area of employment law called “Benefits”.
Benefits are governed by federal statutes like The Employee Retirement Income Security Ac. See full list on employment – law. 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 laws dictate when an employee is entitled to benefits, as well as the duration and the amount of those benefits. Although some federal laws apply, most workers’ comp issues are governed by states.
Overlap typically arises over concerns regarding workplace conditions. Employers are required to provide a safe working environment. A third main area of labor law concerns discrimination. This covers hiring, firing, and workplace harassment. Virtually every state has some set of discrimination laws that mirror or supplement federal ones.
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 and gender-base 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 labor law concern should retain a reputable employment law attorney to help them navigate through the maze of relevant legal issues and administrative rules. To learn more, review the articles in this section on hiring, firing, job discrimination, sexual harassment, wage and hour, workers compensation, retirement and benefits, and more. Refer to the links at the top of this page.
However, it monitors the latest developments in employment law at the federal and state levels. Their aim is to connect people who need counsel on labor issues with professionals who know the regulations. The minutes free advice is available to both personal and business clients looking for expert employment advice where we will endeavour to help as much as possible, continuing our Truth Legal ethics of providing honest, free legal advice to those that need access to one of Yorkshire’s leading employment law teams. Browse our database of questions and in terms of employment laws. For specific legal advice in relation to your matter, contact McDonald Murholme Employment Lawyers.
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