Keith Mack
Laws are a set of rules that are created and enforced by social or governmental institutions to regulate behaviour. They are designed to protect our general safety and ensure our rights as citizens. Laws are created by a group legislature or by a single legislator, resulting in statutes. They can also be created by the executive through decrees and regulations, or by judges through precedent. The process of lawmaking varies across different jurisdictions, with some laws being more controversial than others. For example, in recent times, there has been debate surrounding the limits of government power in relation to laws that affect personal freedoms, such as the ability to limit the sale of large sodas or tell citizens how to wear their pants.
| Characteristics | Values |
|---|---|
| Source | The Constitution, common law, statutory law |
| Formation | Proposed by a sitting member of the U.S. Senate or House of Representatives, during their election campaign, or petitioned by people or citizen groups |
| Amendment | Proposed by a sitting member of the U.S. Senate or House of Representatives, during their election campaign, or petitioned by people or citizen groups |
| Scope | Local, state, national |
| Function | To regulate behaviour, provide for general safety, ensure rights as citizens, shape politics, economics, history and society |
| Application | Applied and interpreted by the courts on a case-by-case basis |
| Adherence | All people living in a community |
What You'll Learn
Workplace Safety and Health
Laws are a set of rules that are created and enforced by social or governmental institutions to regulate behaviour. They are established by a group legislature, a single legislator, the executive, or judges through precedent.
In the context of workplace safety and health, laws are designed to protect the safety and health of workers. In the United States, for example, the Department of Labor has three agencies responsible for administering and enforcing laws in this area: the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration (MSHA), and the Office of Workers' Compensation Programs (OWCP).
OSHA, for instance, administers the Occupational Safety and Health (OSH) Act, which regulates safety and health conditions in most private industries. Employers under the OSH Act have a general duty to provide a workplace free from recognised, serious hazards. This includes ensuring safe work environments, machinery, and structures, as well as safe handling and storage of substances.
Each state or territory in the US also has its own Workplace Health and Safety (WHS) laws and a regulator to enforce them. These laws outline the obligations of both employers and employees to maintain a safe working environment. Employers are legally required to provide a safe work environment, while employees must take care of their own health and safety and follow WHS instructions and policies.
Failure to comply with workplace safety and health laws can result in prosecution, fines, and loss of staff. Therefore, it is essential for businesses to understand their WHS obligations and implement necessary practices and equipment to ensure the safety and well-being of their workers.
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Workers' Compensation
In the US, workers' compensation laws vary from state to state, and there are also special workers' compensation laws for federal government employees and workers in specific industries such as railroad employees. While each state has its own laws, the majority of states require employers of a certain size to provide employees with workers' compensation benefits.
To be eligible for workers' compensation, there are typically four basic requirements:
- The worker must be classified as an employee.
- The employer must carry workers' compensation insurance.
- The injury or illness must be work-related.
- The worker must meet state deadlines for reporting the injury and filing a claim.
It's important to note that volunteers, independent contractors, domestic workers, and some agricultural workers are often not covered by workers' compensation laws. Additionally, federal laws cover maritime workers, railroad workers, and federal employees, including postal workers.
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Employment Discrimination Laws
Laws are a set of rules that are created and enforced by social or governmental institutions to regulate behaviour. They are influenced by constitutions and the rights encoded within them.
For example, it is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of their race, colour, religion, sex, national origin, age, disability, or genetic information. Similarly, an employer may not base hiring decisions on stereotypes and assumptions about a person's race, colour, religion, sex, national origin, age, disability, or genetic information.
The laws enforced by the EEOC also prohibit an employer or other covered entity from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, colour, religion, sex, or national origin, or on an individual with a disability or class of individuals with disabilities.
In addition, the law requires employers to provide reasonable accommodations to employees or job applicants with disabilities or religious beliefs, unless doing so would cause significant difficulty or expense for the employer. Reasonable accommodations might include providing a ramp for a wheelchair user or allowing additional break times for a pregnant worker.
The EEOC also enforces laws that protect employees from harassment, such as slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. Sexual harassment, including unwelcome sexual advances, requests for sexual favours, and other conduct of a sexual nature, is also prohibited.
By enforcing these laws, the EEOC helps to ensure that all individuals have equal opportunities in employment and are not discriminated against on the basis of their protected characteristics.
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Whistleblower Protections
Whistleblowers are individuals who report evidence of wrongdoing within an organisation or institution. Whistleblower protection laws are in place to protect these individuals from retaliation for making a "protected disclosure". A disclosure is considered protected if it meets two criteria: firstly, it must be based on a reasonable belief that wrongdoing has occurred, and secondly, it must be made to an authorised person or entity.
In the United States, the Department of Justice (DOJ) protects all its employees, contractors, subcontractors, grantees, subgrantees, and personal services contractors from retaliation for making a protected disclosure. The DOJ defines wrongdoing as including violation of any law, rule or regulation, gross mismanagement, gross waste of funds, abuse of authority, and substantial and specific danger to public health or safety. Protected disclosures can be made to the OIG Hotline, the U.S. Office of Special Counsel (OSC), or a designated agency official.
The U.S. Department of Labor also provides whistleblower protection to employees who report issues relating to employee safety, consumer product and food safety, environmental protection, fraud and financial issues, health insurance, and transportation services. The Department of Labor enforces anti-retaliation laws, making it unlawful for employers to take adverse actions against employees for engaging in protected activity. Adverse actions can include firing or laying off an employee, demoting them, denying overtime or promotion, or reducing pay or hours.
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Wage and Hour Litigation
Wage and hour plaintiffs often seek back wages for three years, a double recovery for liquidated damages and attorneys' fees. Some courts have held that senior management and company executives can be held personally liable for any wage-hour violations.
Wage and hour disputes can arise from a variety of issues, including:
- Overtime calculation, establishment of regular rate of pay, and flexible work week
- Professional exemptions
- Retail sales commissions and the outside sales exemption
- Bonuses and commissions
- Independent contractor versus employee status
- Tipped employees, including tip pools and the tip credit
- Meal periods and rest breaks
- "Donning and doffing"
- On-call and travel time
When facing wage and hour litigation, companies should partner with a law firm that has the depth and experience to provide a strong defence in this highly specialised area.
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Frequently asked questions
In the United States, Congress is the lawmaking branch of the federal government. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.
The president then considers the bill. The president can approve the bill and sign it into law. Or the president can refuse to approve a bill. This is called a veto. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law.
The rule of law is a durable system of laws, institutions, norms, and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice.
