Employment Law Resources

There are a number of legal considerations and laws regulating the employer/employee relationship. Some of these laws are meant to protect the employer and some specifically designed to protect the employee.

Employers should be familiar with the basic guidelines of these laws in order to protect themselves and their business assets from legal problems and from offending an employee.

The relationship between employer and employee can be very complex, and touches all aspects of each individual’s life, so it is valuable to have an idea of the places that legal and moral issues can arise in this relationship.

Here are some of the areas where employers must consider legal aspects of their decisions:

• Applications
• Job interviews
• Discrimination
• Wrongful termination
• Wages and taxation
• Workplace safety
• Contracts

State, federal and contract laws will govern most of these interactions, outlining the rights and the responsibilities of each party in the relationship.

• Do you need assistance regarding business and corporate laws? If so, contact an experienced Business Lawyer in your area today!

In general, there are some important employee rights that the employer should constantly bear in mind in order to avoid some of the more common legal issues that arise:

• The right to freedom from discrimination
• The right to freedom from harassment, including sexual, religious, ethnic or any other type of harassment.
• The right to reasonable amounts of privacy – employers do have rights to review email and Internet usage, so employees should also be aware of those rights.
• The right to a hazard-free, safe work environment.
• The right to report safety violations or other legal problems to higher authority without fear of retribution. These are often called “whistle-blower” rights. An employee has the right to “blow the whistle” on an employer without suffering retaliation.
• The right to receive fair wages in exchange for labor.

As is true with most legal considerations, the responsibility for learning and operating under state and federal employment laws rests with the employers. Ignorance of the law is no excuse for employers who violate these laws.

These kinds of laws also extend to those who apply for work and are interviewed for work as well. For example, employers may not:

• Refuse to accept applications based on gender, race or physical appearance of the prospective employee.
• Ask questions about age.
• Inquire about marital status or habitation arrangements.
• Request sexual preference information.
• Prefer any one religious belief over another.
• Ask a variety of other family related questions in an interview.
• Discriminate against individuals with disabilities if they can perform essential job functions with reasonable accommodation.
• Hire younger workers at the expense of older workers with similar or the same qualifications.

Some federal regulations do not apply to workplaces with a small number of employees. For example, age discrimination law apply only to those work locations with 20 or more employees.

Employers should also be aware of minimum wage laws and laws governing the number and length of work breaks that must be provided to each worker throughout the day.
The Family and Medical Leave Act also provides employees certain rights that an employer must be aware of.

For example, an employee who has worked for 12 months and 1,250 hours in the preceding 12 months may take up to a 12-week unpaid leave of absence to handle a variety of qualifying medical situations.

• Do you need assistance regarding business and corporate laws? If so, contact an experienced Business Lawyer in your area today!