Employment Law - Employer
Employment law, otherwise known as labor law, consists of federal laws and regulations to which employers must adhere in order to protect the rights of employees. Individual states sometimes have employment law statutes that should be followed as well. Federal employment law does not cover all workers; however, agricultural and domestic workers as well as those employed by state and local governments follow state employment laws.Today, both federal and state employment law results from the demands of employees for better working conditions—especially with regard to wages, work hours, working conditions, holidays, benefits, and anti-discrimination. Areas covered by employment law include health and safety, affirmative action, discrimination, benefits such as health and dental coverage, maternity leave, vacation, workers compensation, unemployment, and policies and procedures governing hiring, resignation, and termination of employees.
Employment Laws in the Workplace
There are myriad laws of which employers must be aware when it comes to employees in the workplace. Below are a few of the more common employment laws that employers should know about and comply with if necessary:
- ERISA -- The Employment Retirement Income Security Act governs the operation and standards of healthcare and pension funds.
- HIPAA -- Short for Healthcare Insurance Portability and Accountability Act, HIPPA protects the healthcare insurance of workers when they leave or change jobs. It also governs the privacy of healthcare records for individuals.
- COBRA -- The Consolidated Omnibus Budget Reconciliation Act, or COBRA, is important for workers who are terminated or leave their job for any reason. COBRA allows workers and their immediate family members to maintain their current healthcare policy without a break in coverage, although they must bear the entire cost of the premiums themselves.
Employment Discrimination
There are a number of employment laws that protect employees from discrimination, including the Americans With Disabilities Act; Age Discrimination Act, which protects workers over the age of 40; and the Civil Rights Act of 1964, which prohibits discrimination against anyone based on race, religion, gender, or national origin. In addition, employees are protected by the following:
- OSHA -- The Occupational Safety and Health Act has been a law since 1970. It establishes and maintains standards for safety in the workplace.
- FMLA -- The Family and Medical Leave Act was passed in 1993 and allows employees to take up to 12 weeks of unpaid leave from their job. Certain restrictions apply and some state employment law may be more generous.
- FLSA -- The Fair Labor Standards Act has been part of employment law since 1938 and establishes minimum wage standards and procedures for overtime. FLSA only applies to employees working in the private sector.
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