Employee Law Need-To-Knows
Employment laws are primarily made to protect the workers from unfair practices and wrongdoings of employers. The statutes in the applicable federal laws provide them protection and due compensation along with essential benefits. Without them, the employees are vulnerable to manipulation, threats, and other issues that may compromise their mental and physical well-being.
Violation and non-compliance to employment laws would lead to exposure of the employers to lawsuits, reputation damage, and financial losses. However, the employment law is not only pro-workers as it also allows employers to hire and fire employees according to the company guidelines as well as evaluate the performance of workers. When employees do not perform their expected responsibilities, employers have a lawful right to act accordingly.
Here are the salient features of the employment law that concern employers-employees working relationships:
Wages and hours
Within the context of the Fair Labor Standards Act (FLSA) is the baseline of the minimum wage, bonuses, overtime pay, work hours, rest breaks, and general working conditions for the workers’ benefit. It also mandates setting up conducive working conditions to ensure ultimate productivity and safety for all. Another essential statute of the wage and hour laws is the incorporation of healthcare coverage and paid leaves to attend to medical or family issues.
Workers’ compensation
Under the employment law, employers are required to provide compensation insurance coverage for injuries incurred in the workplace. The workers’ compensation options employees have grants the right to receive a partial wage or temporary disability (TD) benefits while recovering from the injury. It may include a one-time payment of a lump sum to buy out the future medical care or a fixed amount every month with lifetime future medical costs.
If the outcome of the work accident results in physical impairment that cuts short the ability of the employees to engage in future employment, employees are entitled to permanent disability benefits. The impairment condition needs a doctor’s confirmation. The insurance company will then convert it into a certain percentage that equates to a corresponding benefit in a dollar figure. In case the employers fail to give due compensation, workers have the right to sue them for negligence. For this matter, you need a competent lawyer to represent you and fight for the benefits you deserve.
Occupational safety and health
Under the Occupational Safety and Health Act (OSHA), all business entities are mandated to provide their workers with a safe workplace. Measures for safety practices, from using ladders to applying harsh chemicals, should be implemented at all times. It outlines the necessary conditions to ensure their wellbeing and safety while performing the given tasks. The statutes of safety employment laws also provide stricter conditions in areas that involve risks in electrical hazards, chemical and biological hazards, complex equipment use, extreme temperature, disturbing noise, repetitive work injuries, and long work schedules.
Workplace discrimination
Another important component of employment law is the application of Equal Employment Opportunity or EEO laws to protect discrimination based on national origin, sex, age, race, religion, genetic information, disability, or pregnancy. These laws safeguard individual rights in all stages, from the pre-hiring process to the termination period. Discrimination comes in various forms which include not hiring qualified people over 40 years old or firing an employee because of his religion. Harassments, bullying, or unfair treatment of applicants or hired employees can lead to lawful consequences under the Age Discrimination in Employment Act (ADEA), Pregnancy Discrimination Act (PDA), or Equal Pay Act (EPA).
Child labor prohibition
The Fair Labor Standards Act provides statutes that dictate the minimum age and working requirements for hiring children outside the agriculture industries. The minimum requirements are not applicable to children working for their parents or guardians. However, for occupations that involve manufacturing or mining where the minimum age requirement is 18 years old, hiring their own children below this age is prohibited.
Takeaway
The benefits of employment laws extend beyond the rights of the workforce to rightful wages and privileges and make the society more humane due to the norms and mechanisms to protect their wellbeing. Generally speaking, enforcement of employment laws is a win-win approach for both employees and employers. In summary, satisfied and well-compensated employees deliver excellent performance that helps businesses achieve their goals and gain profits.
Authored by Angel Ulmido, Ant Digital Solutions Co.
The post Five Things Everyone Should Know About Employment Law appeared first on The HR Gazette and HRchat Podcast.
