Employment Law
Employment law refers to a collection of laws and regulations that control the relationship between employers and employees. Employment laws stipulate when an employer can hire employees as well as when the employees can work.
The law encompasses what an employer must pay their employee as remuneration. These laws lay out the minimum requirements for employee working conditions.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding communities.
Following Employment Law
An employer has a lot to know when they want to hire an employee. There are minimum wage laws that require the employer to pay a specific amount. There exist laws that prevent the employer from discriminating against employees or applicants on the basis of certain characteristics.
Employers must offer a safe working environment to their employees. They may also need to provide medical insurance options in some cases. The employer must collect and submit payroll taxes on the employee’s behalf.
It is sometimes challenging for employers to keep up with the many regulations of employment law, and they are often left overwhelmed. US labor laws have evolved throughout American history. They are not located in one place, and this makes it important for employers to seek help from lawyers.
On their part, employees want the enforcement of labor laws. They may require help from an employment attorney to comprehend what the laws are and whether their employer is in violation of the law. They may consult an employment attorney to help them enforce the law when their employer is in violation.
Major Employment Laws in the US
Notable employment laws in the US include:
Minimum Wage Laws
The Fair Labor Standards Act of 1938 determines a federal minimum wage. Many states have minimum wage laws as well. States cannot set a lower minimum wage. However, they can set the minimum wage higher than the federal law necessitates.
Overtime Pay
Employees are entitled to overtime pay. According to the Fair Labor Standards Act, an employer must pay time and a half for any hours that an hourly employee works over 40 hours weekly.
There is no maximum number of hours that an employee can work in a week. However, the employer must pay overtime for each hour that an employee works over 40 hours per week.
Family and Medical Leave
The US does not have a requirement for paid medical leave. But according to the Family and Medical Leave Act of 1963, large employers must offer employees up to 12 weeks of unpaid family leave.
Collective Bargaining
Employees are legally entitled to organize collective bargaining with an employer. A company must negotiate in good faith if over 50 percent of a workforce wants to organize.
Safe Working Conditions
Employees are entitled to safe working conditions. The Occupational Safety and Health Act of 1970 (OSHA) offers employees protection from work hazards such as extreme temperatures, noise, chemicals, sanitation issues, and conditions that are likely to lead to injuries. Employers cannot retaliate against an employee if they choose to exercise their rights under OSHA.
Employers cannot discriminate against employees on the basis of protected characteristics. Employers must carefully avoid any type of discrimination against employees on the basis of race, age, color, sex, religion, or national origin.
Civil Rights Considerations
Employees have First Amendment rights. But employers have a right to conduct their business without employee interference. Civil rights protect the right to privacy of employee as well.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
