Understanding Employment Law
What is employment law?
Employment law refers to the law governing the relationship of an individual employee to an employer. People often use the terms labor law and employment law interchangeably. Employment laws are enacted to ensure that there is a positive employer-employee relationship. Most, if not all, organizations are governed by several employment laws to ensure a safe and positive workplace environment for their employees. These laws include the Occupational Safety and Health Act, Fair Labour Standards Act, Civil Rights Act, and Americans with Disabilities Act. These laws ensure that employees are treated fairly and work in a safe and discrimination-free environment.

There are many other employment laws in the U.S. Some were drafted on the federal level and others on the state level. Nonetheless, they all hold a high importance to both employers and employees.

Some employment laws in the U.S.
1. The Occupational Safety and Health Act (OSHA)
The Occupational Safety and Health Act, as its name suggest, seek to ensure the safety of workers in the workplace. This Act offers a standard that employers must follow to mitigate employees’ instances of harm or death. The United States Department of Labour explains that employees should be able to address any concerns regarding known or potential hazards in the workplace. It is then the employer’s responsibility to ensure that these concerns are addressed and corrected to ensure the health and safety of their staff.

Employees have a right to report any accidents that may have resulted from an occupational hazard. They can also request an inspection of the workplace to ensure a safe working environment. Likewise, employees can demand health and safety training, equipment, and tests to ensure that their work adheres to the Occupational Safety and Health Act.

2. Fair Labour Standards Act (FLSA)
The Fair Labour Standards Act addresses the topic of wages and work hours. Therefore, one can find information about the minimum wage, overtime pay, and youth employment. Likewise, State and local government laws regarding similar issues are covered by this Act.

The Federal minimum wage is around $7.25 per hour or above. In a case where federal and state laws cover a person, they are entitled to a higher minimum wage. Generally, a person is expected to work 40 hours per week. Any number of hours that exceeds this number should be paid as overtime. The U.S. Department of Labour states that overtime should be paid at a rate not less than one and one-half times the regular pay rate.

Additionally, this Act has provisions geared towards the prohibition of child labor. It ensures that children are protected from poor working environments or any activity that can be detrimental to their well-being. Similarly, it works towards ensuring that children stay in school.

3. Civil Rights Act
The Civil Rights Act was enacted in 1964. This is a significant Act because it seeks to remove discrimination from work environments. This Act prohibits an employer from discriminating against an employee based on their sex, gender, race, age, or religion. Therefore, an employer cannot fire or exclude a person based on these factors.
4. Americans with Disabilities Act
This law prohibits discrimination against people with disabilities. Therefore, an employer cannot deny a person employment based on the argument of disability. Likewise, an employer fire or exclude a person from training based on disability. Employers must modify for employees or prospective employees with disabilities. This also helps to ensure equal opportunities for all.
Key Takeaways:
  • Employment laws are enacted to ensure that there is a positive employer-employee relationship.
  • Most organizations are governed by several employment laws to ensure a safe and positive workplace environment for their employees.
  • Some employment laws were drafted on the federal level and others on the state level.
  • Some employment laws in the U.S. include the Occupational Safety and Health Act, Fair Labour Standards Act, Civil Rights Act, and Americans with Disabilities Act.