No matter what kind of job you do, having a basic understanding of employment law is essential. Know your rights as an employee and take control of how you’re treated in the workplace with this guide to employment law. We’ll provide an overview of some of the most important laws, so you can make sure your job meets legal requirements and you’re getting the most out of your working experience. Get clued up on employment law and make sure you’re working in a fair and equitable environment.
1. Know Your Employment Rights: An Overview of Employment Law
- Employment Law Basics – Employment law is the body of laws, administrative rulings and precedents which address the legal rights and obligations of employees, employers and labor unions. Most countries have laws which protect workers’ rights in the workplace, including governing minimum wages, hours of work, health and safety, as well as preventing discriminatory practices.
- Employment Standards – Employment Standards legislation is a set of legal rules which sets out the minimum entitlements and protections that must be provided to employees. Such standards include issues such as minimum wage, hours of work, overtime pay, vacation and holiday pay, termination pay, and protection from harassment in the workplace.
Employment contracts are legally binding documents that set out the terms and conditions of employment between an employer and employee. Employment contracts should include details such as the job title, expected duties, wages, hours of work, redress procedures and other conditions of work. Commonly, these contracts also contain detailed rules about termination of employment. It is important to ensure that any agreement between employer and employee is in accordance with the relevant legislation.
Employment law covers the various aspects of the relationship between employers and their employees. Therefore, both employers and employees should be familiar with employment laws at the federal, state, and local level in order to ensure their compliance. Ignorance of the laws is not a defense, so it is prudent to become familiar with the legal protections and rights granted to you in the workplace.
2. Know Your Rights in the Workplace: Wages, Hours, and Benefits
Navigating the US workplace can be daunting and overwhelming, especially when it comes to understanding your rights. This guide will help you understand important considerations like wages, hours, and benefits.
Wage Laws
Employees are entitled to payment for the time they work. The Federal Labor Standards Act (FLSA) outlines the national standards of minimum wage, overtime pay and other important workplace protections. Employers must comply with both the Federal and state wage laws.
- The Federal minimum wage is currently set at $7.25/hour
- Many states have their own individual minimum wage regulations
- Overtime pay of 1.5 times the normal wage is required for those who work more than 40 hours in a given week
Hours of Work
The Fair Labor Standards Act (FLSA) sets standards covering hours worked, breaks, and exempt and nonexempt employees. Generally, employees must be given at least one day of rest in every seven days, and additional rest is apllicable for certain industries. Non-exempt employees should also receive overtime pay for hours worked beyond the standard 40-hour workweek.
- An employee should not be required to work more than 10 hours per day without overtime pay
- Under the FLSA, it is illegal for employers to require employees to work ¬‘off the clock’
- Employees are granted up to 12 weeks of job-protected, unpaid family leave within a 12-month period
Employee Benefits
The Employee Retirement Income Security Act (ERISA) outlines the minimum benefits to which employees are legally entitled. Generally, employee benefits like health insurance, retirement plans, and disability insurance are provided on a voluntary basis. Employers may also offer voluntary benefits like paid vacations, life insurance, and flexible spending accounts.
3. Addressing Discrimination and Harassment in the Workplace
When discussing discrimination and harassment in the workplace, it is important to understand that it can take many forms. To address this form of workplace misconduct, employers should take the following steps:
- Implement zero tolerance policies towards all forms of discrimination and harassment in the workplace.
- Provide training for employees about their rights and responsibilities under the law and company policies, including how to recognize and prevent discrimination and harassment.
- Encourage employees to report any form of discrimination or harassment they experience or witness.
- Prohibit retaliation or retribution against any employee who reports discrimination or harassment.
Though these steps are necessary, they are not enough to truly create an inclusive workplace environment. It’s also important to provide employees with a system to safely and effectively report incidents of discrimination or harassment and for employers to thoroughly investigate these claims. Investigating a complaint promptly, confidentially, and with appropriate sensitivity will create an open communication channel and a safe place for employees to discuss matters of discrimination and harassment in the workplace.
4. Protecting Yourself in the Event of Wrongful Termination
Workplace dismissals can be complex and difficult for both employer and employee. Unfortunately, certain cases of wrongful termination can arise. It can be tough to battle it out in court, so knowing the steps to take in the event of wrongful termination can help protect your rights.
To protect yourself against unfair dismissals, it is essential to:
- Document everything. Keep records of notes, emails and performance reviews. This will come in handy if you decide to file a claim.
- Gather your pay stubs. These are important documents needed to support any wrongful termination claim.
- Reconsider returning a severance package. It’s often better to forego the money, as signing away the rights to sue may make it more difficult to challenge wrongful termination later.
It is wise to keep calm throughout the process and to let a lawyer handle it if things get too complicated. It is always beneficial to keep in mind the potential strategies for protecting yourself against wrongful termination.
A working professional’s best friend is understanding their rights in the workplace. With this knowledge base, now you can be the expert on the many aspects of employment law. Become empowered and knowledgeable about your rights and the obligations of your employer. Utilize the information in this article as a guide to keep you informed and secure in the workplace.
