Employment Laws

Employment laws cover all areas of the employer/employee relationship.  These laws are governed by thousands of federal and state statues, administrative regulations, and judicial ruling.  Employment laws deal with employment discrimination, wages, unemployment compensations, pensions, and workplace safety.
Employee discrimination is enforced by the U.S. Equal Employment Opportunity Commission (EEOC).  This agency enforces the laws that make it illegal to discriminate against a job applicant or an employee because the person’s race, color, religion, sex (including pregnancy), national origin, or age (40 or older) disability, or genetic information.  It is also to discriminate against a person who has filed a complaint or participated in a discrimination investigation or lawsuit.  These laws were established to create fairness in hiring practices and within the workplace.

The Fair Labor Standards Act (FLSA) is an employment law that established a minimum wage, overtime pay, recordkeeping, and youth employment standard that affect employees in the federal and state governments as well as in the private sector.  On July 24, 2009, the minimum was increased to $7.25 per hour for covered nonexempt workers .The law also requires that overtime pay of one and one-half times the regular rate be paid after 40 hours of work in a workweek.  The US Department of Labor- Wage and Hour Division is responsible for enforcing employment laws such as minimum wage, overtime pay, record keeping, youth employment, family medical leave, and worker protections.

Another employment law assists those whose jobs have been terminated through no fault of their own.  Unemployment insurance provides these workers with payment for a given period of time until they find a new job.  The unemployment payments are intended give an unemployed worker time to get a new job without the financial distress caused by the loss of a job.  Without unemployment compensation, most workers would be forced to rely on welfare or jobs in which they are overqualified.  Compensation through unemployment insurance also helps maintain consumer spending during the time of financial adjustment.

The Employee Retirement Income Security Act (ERISA) is a federal employment law that sets minimum standards for pension and health plans in private industry and provides extensive rules on the federal income tax effects of transactions associated with employee benefit plans.  ERISA was established to protect the interests of employee benefit plan participants and their beneficiaries.  It requires that employers disclose to their employees the financial and other information concerning their plan.

Employment laws are also designed to protect workers in their place of employment.  The occupational safety and Health Act of 1970 prompted Congress to create the Occupational Safety and Health Administration (OSHA).  OSHA is part of the United States Department of Labor that enforces the standards for safe and healthy working conditions in the United States.  They provide training, education, and assistance to companies to ensure safety on the employment site.

There are literally thousands of employment laws which protect employers in the workplace.  Employment laws establish fair wage earnings, overtime pay, safety in the workplace, and protect workers from discrimination.