Employment Law
What are Examples of Employment Law?
Employers are expected to comply with a range of state and federal employment laws. A breach of any of these laws could land the business in trouble, with potential fines and other penalties. In some cases, the employer could be sued for damages if there was proof of serious failure to comply.
The main areas of employment law include:
- anti-discrimination laws, including sexual harassment;
- wage and hours laws that are designed to prevent wage theft;
- wrongful termination;
- family and medical leave rules.
A brief overview of some of these employment laws follows.
Anti-Discrimination Laws
Both state and federal anti-discrimination laws have been enacted over the years to prohibit employers from acting in a discriminatory way to certain classes of employees who enjoy protected status. The Equal Employment Opportunities Commission (EEOC) is the federal agency that oversees Title VII of the Civil Rights Act of 1964 and its amendments. Employees who believe they may have been discriminated against may take their complaint to the EEOC if they have tried to resolve the matter with the employer first. All states have a similar human rights agency or its equivalent that regulates the state equivalent of federal anti-discrimination laws and will work with the EEOC if necessary.
The types of discrimination that are prohibited by Title VII and its state equivalents include any form of discrimination against an employee because of their:
- ethnic or racial identity;
- color;
- religious affiliation;
- gender;
- sexual orientation;
- pregnancy.
There are other laws that prohibit discrimination in the workplace for additional reasons. These include the Age Discrimination in Employment Act (ADA) which prohibits employers from discriminating against an employee because of their age. The Americans with Disabilities Act (ADA) is there to protect employees with disabilities from discrimination.
Sexual Harassment
This is regarded as a form of sex discrimination because when it occurs it targets an employee because of their gender. Victims of sexual harassment can file a complaint with the EEOC or the state anti-discrimination body in the same way that they might in any other form of discrimination.
Wrongful Termination
Wrongful termination is the firing of an employee unlawfully. One example of wrongful termination is due to discrimination. For example, if an employee is forced out of their job and believes it was because of their age, despite having a good record as an employee, this could be an example of wrongful termination. The employee can file a complaint with the EEOC in this case, as long as an attempt has been made to resolve the issue with their employer.
Examples of wrongful termination include:
- firing an employee because of discrimination against them;
- firing an employee for objecting to doing something illegal at work;
- firing an employee for acting as a whistleblower, i.e. alerted authorities to an illegal activity at work;
- firing an employee who had applied for workers’ compensation or family and medical leave, both of which are protected activities;
- firing an employee as retaliation, e.g. after the employee had filed a complaint with the EEOC.
Wage Theft
Employment laws also regulate how much employers must pay their employees if they are employed on an hourly basis. The federal government has set a minimum wage which must be paid unless the state where the workplace is located has a higher minimum wage. The higher of the two minimum wage levels, state or federal, must be paid to employees. Minimum overtime rates are also mandated by wage laws. Overtime is considered any hour over and top of 40 hours in any period of 7 consecutive days. Overtime rates are currently fixed at 50% more than the normal hourly wage.
Wage theft occurs if an employer:
- does not pay at least the minimum wage;
- does not pay the correct overtime rate of pay;
- withholds pay from employees who have terminated their employment or who have been fired.
If an employee has been subjected to wage theft and the matter cannot be resolved successfully with the employer first, then contacting the wages and Hours Division of the Department of Labor to file a complaint is the next option.
Work with an Employment Law Attorney
It can be frustrating and challenging to know what to do if you have been discriminated against, wrongfully fired or suffered wage theft. It is advisable to contact an employment law attorney as soon as possible to discuss your complaint. The attorney will be able to advise you about how to proceed, gather evidence, and file an official complaint. If a government agency like the EEOC cannot resolve the complaint, the attorney may advise you to file a lawsuit in the civil court if your case is strong. Fill out our Free Case Evaluation to be connected with a participating, independent employment law attorney who subscribes to the website who may be able to help with your case.
The majority of employment law attorneys work on a contingency fee arrangement. Legal fees are usually deferred until a case is won on your behalf and then subtracted from back pay or other damages that have been successfully negotiated.
