Employment Law - Employee
Employment law governs the relationship between employers and their employees. Sometimes referred to as labor law, it regulates business practices and employment procedures, as well as the parties’ reasonable expectations of each other while the work is performed. Most employment law matters are handled by employers’ human resource (HR) departments. The HR departments consult with attorneys to ensure the employer is in compliance with employment laws, thus minimizing potential litigation.Handling Breaches in Employment Law
Despite an employer's best efforts, some employees do encounter incidents of treatment that are against the mandates of employment law. Should they discuss these problems with their HR representatives? The safest practice is for employees to seek advice of attorneys in how to defend their rights when their employer has treated them wrongfully. In addition, the Department of Labor administers several employment programs to assist employees.
Employment Law Issues
The Equal Employment Opportunity Commission was created to enforce employee rights. In addition to federal laws, many state and local governments have enacted laws that govern how employees must be treated.
Equal opportunity and civil rights are common issues involved in employment lawsuits. Such issues focus on racial or sexual discrimination, as well as the denial of raises, bonuses, and career promotions because of discrimination. Employment law provides for timely handling of a lawsuit based on discrimination. It also provides protection for employees through the Americans with Disabilities Act and the Family and Medical Leave Act. The U.S. Social Security Administration’s disability benefits program protects employees with a serious illness that causes absence from work for a year. Wrongful termination and rights for disabled employees are two other key issues in employment lawsuits.
Employee law also regulates mass layoffs, personal leave, wages and hours of work, overtime pay, sick pay, discipline, safety standards, pension program rights, taxes, immigration, worker’s compensation, forced retirement, as well as recruiting and testing procedures.
Employment agreements—such as non-competition agreements, non-disclosure agreements, and non-solicitation agreements—are also becoming the subject of employment litigation.
The issues in employment law are complex, and the laws change often. A recent change, for example, added protection against wrongful firing for employees who blow the whistle on an employer’s illegal activities.
Independent Contractors
The Internal Revenue Service has determined that independent contractors, or freelancers, cannot be treated like employees, nor do they have the rights of employees. A company does not withhold taxes or pay unemployment or worker’s compensation insurance for independent contractors.
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