Keith Mack
Employment and labor law is a broad area of law that governs the rights and duties between employers and workers. Labor law is a subset of employment law that deals with the interactions between employers, employees, and labor unions. Employment law covers a wider range of employment issues beyond labor union relations, such as wage and hour issues, hiring practices, and workplace discrimination. Civil law, on the other hand, regulates the non-criminal rights and duties of persons and equal legal relations between private individuals. This includes employment matters that do not involve a crime, such as regulatory matters and civil matters where an employee sues their employer. Understanding the distinction between labor law and civil law is crucial for determining the appropriate legal course of action in employment-related cases.
| Characteristics | Values |
|---|---|
| Definition | Employment law and labor law govern the relationship between employers and employees. |
| Focus | Labor law is a subset of employment law, focusing on interactions between employers, workers, and labor unions. |
| Topics | Union membership, union dues, collective bargaining agreements, wage and hour issues, hiring practices, workplace discrimination, sexual harassment, and retaliation. |
| Discrimination | Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating based on race, color, religion, sex, gender identity, sexual orientation, and national origin. |
| Arbitration | A form of alternative dispute resolution (ADR) that uses an impartial intermediary chosen by both sides to hear arguments and make binding decisions. |
| Wage Statements | Employers must provide written wage statements listing gross and net wages earned, hourly pay rates, hours worked, and other employment-related information. |
| Non-payment of Wages | Employers cannot incur civil or criminal penalties for the non-payment of wages if they reasonably and in good faith dispute that wages are due. |
| Fair Labor Standards Act | Federal law that establishes baseline rules for "wage and hour" issues, with states free to pass laws providing additional protections. |
| State Laws | Many states have their own employment and labor laws that provide protections or regulations beyond federal minimums. |
| International | The International Labor Rights Forum is an advocacy organization dedicated to achieving just and humane treatment for workers worldwide. |
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What You'll Learn
Workplace discrimination
Employment and labour laws govern the relationship between workers, employers, trade unions, and the government. These laws are a type of civil law, which deals with the non-criminal rights and duties of individuals and organisations. Civil law also covers equal legal relations between private individuals.
If an individual believes they have been discriminated against at work, they can file a Charge of Discrimination through the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing anti-discrimination laws and protecting individuals from employment discrimination. The process of filing a charge typically involves submitting an online inquiry, participating in an interview with an EEOC staff member, and then deciding whether to proceed with the charge. It is important to note that there are time limits for filing a charge, typically within 180 calendar days.
In addition to federal laws, many states and local jurisdictions in the United States have their own anti-discrimination laws and agencies, known as Fair Employment Practices Agencies (FEPAs). If an individual files a charge with a FEPA, it will automatically be "dual-filed" with the EEOC if federal laws are applicable.
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Wage and hour issues
One of the fundamental concerns within wage and hour issues is the timely payment of wages, a right that is favored in religious interpretations and various national and state-level laws. For instance, in the United States, the Department of Labor plays a crucial role in enforcing labor laws, including those related to wages and working hours. Similarly, in Poland, employers are legally obligated to register their employees with the Social Insurance Institution (ZUS) and contribute to various insurance programs, ensuring protection for workers in cases of illness, accidents, and old age.
The concept of a minimum wage is also integral to wage and hour issues, with specific laws varying across different counties and states, as seen in the example of Montgomery County and Howard County in Maryland, USA. In addition to minimum wage laws, overtime laws are another critical component of wage and hour issues, dictating the compensation employees should receive for working beyond their standard hours.
Furthermore, labor laws also address the delicate matter of unpaid wages, where regulatory bodies, such as the state Department of Labor, may intervene to retrieve unpaid wages from employers on behalf of employees. This process often involves a time constraint, beyond which employees may need to pursue civil matters by suing their employers directly.
Additionally, wage and hour issues extend beyond just monetary compensation. The Healthy Working Families Act, for instance, focuses on providing sick and safe leave for employees, ensuring they can take time off without losing their income. This act also includes provisions for protecting essential workers and filing child labor violation claims, demonstrating a comprehensive approach to safeguarding workers' rights and well-being.
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Hiring practices
Employment and labour law encompasses a wide range of topics, including hiring practices, and can be considered a type of civil law. Civil law regulates the non-criminal rights and duties of persons, including equal legal relations between private individuals. Labour laws mediate the relationship between workers, employers, trade unions, and the government. Hiring laws, a subset of employment law, outline how to find, attract, hire, and retain employees. These laws are not static and are constantly evolving, so it is important for HR professionals to stay informed about changes to federal, state, and local laws.
Hiring laws define the rights of employees and the limits on employers' choices and behaviour. They aim to prevent discrimination and ensure inclusive, equitable, and ethical hiring decisions. Anti-discrimination laws are a key aspect of hiring laws, prohibiting employers from discriminating against job applicants based on protected characteristics such as race, colour, religion, sex, national origin, age, disability, or genetic information. These laws also apply to training and apprenticeship programs, prohibiting discrimination against participants based on the same characteristics.
In the United States, the Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit employers from using neutral employment policies and practices that disproportionately negatively affect applicants or employees from a particular protected group. For example, an employer's reliance on word-of-mouth recruitment within a Hispanic workforce may violate the law if it results in a predominantly Hispanic group of new hires. Additionally, the EEOC prohibits employers from publishing job advertisements that express a preference for or discourage someone from applying based on their protected characteristics.
Employers are required to make reasonable accommodations for employees' religious beliefs and practices, unless doing so causes undue hardship. Similarly, employers must accommodate requests for dress code modifications due to an employee's disability, unless it results in undue hardship. The law also protects the privacy of employees' background information during the pre-employment screening process. Employers must notify employees if adverse action is taken based on information in a consumer report.
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Sexual harassment
Employment and labor laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Civil law, on the other hand, regulates the non-criminal rights and duties of persons and legal entities, as well as their equal legal relations. All employment matters that do not involve a crime are civil matters.
Quid pro quo sexual harassment
This involves an employee being required to tolerate sexual harassment to keep their job, receive a tangible benefit, or avoid punishment.
Hostile work environment
This involves persistent sexual behavior or the presence of sexually explicit language and pornography that unreasonably interferes with an employee's ability to work.
In 1980, the Equal Employment Opportunity Commission (EEOC) issued regulations defining sexual harassment as a form of sex discrimination prohibited by the Civil Rights Act of 1964. The Civil Rights Act of 1991 expanded the rights of women to sue and collect compensatory and punitive damages for sexual discrimination or harassment.
Several notable cases have helped to solidify the understanding of sexual harassment in the workplace and the liability of employers in such cases, including Barnes v. Train (1974), Faragher v. City of Boca Raton, Florida, and Burlington v. Ellerth.
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Retaliation
Employment and labour laws govern the relationship between workers, employers, trade unions, and the government. These laws also protect employees from retaliation, discrimination, and harassment.
Federal law protects employees from retaliation when they complain about workplace discrimination or harassment, either internally or to an outside body like the Equal Employment Opportunity Commission (EEOC). This protection also extends to employees who cooperate with or serve as witnesses in EEOC investigations or litigation. Additionally, some state laws prohibit employers from retaliating against employees for reasons such as filing a workers' compensation claim.
To prove retaliation, employees should document the allegedly retaliatory behavior and keep track of historical information prior to making their complaint. Consulting with an employment lawyer can help employees understand their rights and the strength of their case.
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Frequently asked questions
Employment law covers a broader set of employment issues beyond labor union relations and collective bargaining. Employment law topics include wage and hour issues, hiring practices, workplace discrimination, sexual harassment, and retaliation. Labor law is a subset of employment law and focuses on the interactions between employers, workers, and labor unions. Labor law topics include union membership, union dues, and collective bargaining agreements.
Labor law cases often involve union membership, union dues, and collective bargaining agreements. For example, Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating based on race, color, religion, sex, and national origin.
Employment law cases can involve wage and hour issues, hiring practices, workplace discrimination, sexual harassment, and retaliation. For example, the Fair Labor Standards Act establishes the requirement for employers to pay additional compensation after an employee works 40 hours in a week, unless the employee is exempt from the law.
