Employment Law

Employment Law

Introduction

Employment law plays a very important role in most people's lives. It affects the employer, employee, vendors, customers, patients and many others either directly or indirectly. This paper will take a glance at the history of employment law and federal acts that affect employment. It will also examine the writer's experience with employment law and how a few of those experiences were handled legally.

Employment Law History

The Civil Rights Act of 1964 is a key factor in employment law. John F. Kennedy, in a speech in 1963, asked, in general, that all Americans have equal rights. When the legislation was passed in 1964, it eliminated racial segregation amongst many things and spawned the creation of the Equal Employment Opportunity Commission (EEOC). The EEOC is an essential part of employment law. “Throughout its existence, the Commission has focused on but one simply stated mission: the elimination of illegal discrimination from the workplace.” (Equal Employment Opportunity Commission, 2009).

The law can be tricky business, and labor laws are no exception. Complying with federal regulations does not necessarily mean you are complying with those instituted at the state level, nor vice versa. Most states default to the federal wage and hour regulations, but several states have their own set of provisions. When state regulations differ from The Fair Labor Standards Act (FLSA) regulations, employers must comply with whichever law is more generous to the employee. Although minimum federal standards must be met and enforced, states are capable of making their own legal requirements as they see fit. The main requirement is that these more stringent laws must be deemed constitutional to the residents of that state. In the following paper, we will discuss the impact of Federal and State labor laws, as well as reviewing an example of a state law known as the Texas Payday Law.

Federal Labor Laws

Federal labor laws typically deal with employer-union relationships and Federal employment laws typically deal with employer-employee relationships. The terms are used interchangeably, with labor laws as the most common usage. Laws are also called statutes and regulations enforce them. The Department of Labor (DOL) enforces over 180 employment and labor laws. It also provides the resources to research employment and labor laws, such as those for, overtime, child labor, minimum wage, and family and medical leave (Federal Labor Law).

Acts of congress establish Federal labor laws. Acts that are not Federal labor laws per se, but that do have provisions related to some aspect of employment, are also included. States are permitted to enact and enforce their own employment and labor laws, which include or expand the minimum protections afforded by the Federal laws. The Fair Labor Standards Act of 1938(FLSA) is a landmark act where Federal labor law regulates minimum wage, overtime pay, equal pay and child labor. The FLSA also prohibits employers from retaliating against employees who exercise their rights under the Act, such as reporting employer violations of the Act (whistle blowing). FMLA (Family Medical Leave Act) is another landmark Federal ...