What is Employment Law?
Employment law (or Labor law) is the body of laws and regulations that establishes the rights and responsibilities of employers and workers. Employment laws are the genesis of the struggle of workers in the United States. In the early 20th century Suffragettes and organized labor struggled and fought to establish basic human rights in the workplace. Many of these courageous individuals were beaten and killed by company thugs in their struggle to outlaw child labor and establish basic workplace safety and standards, compensation for injured workers, a standard work week and the right of workers to bargain collectively. In the decades following this movement Congress enacted additional laws affording workers greater rights and protections, including the 40 hour work week, minimum wage and overtime pay laws, and stronger safety and health regulations. The passage of the Civil Rights Act of 1964 gave workers protection from discrimination and harassment based on race, age, ethnicity, gender, disabilities, sexual orientation and gender identification.
What area of labor law do you practice?
We handle cases involving:
- Violations of Employment Law
- Americans with Disabilities Act (ADA)
- Family Medical Leave Act (FMLA)
- Fair Labor Standards Act (FLSA)
- Sexual Harassment
- Wrongful Termination
- Wage & Hour Disputes
What are some the specific laws that protect workers in the Unites States?
Some of the most significant employment laws are:
- The Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA),
- The Employee Retirement Income Security Act (ERISA)
- The Pregnancy Discrimination Act (PDA)
- The Occupational Safety and Health Act (OSHA)
- State Workers Compensation Laws
- State Human Rights and Labor Laws
What is an unacceptable basis for employment termination?
An employer may not terminate an employee for the following reasons:
- Race, religion, gender, place of national origin, age, marital status or disability
- Whistle blowing
- Belonging to a union
- Supporting union organizing efforts
- Reporting a safety and health issue to the Occupational Safety and Health Administration (OSHA)
- Reporting a violation of law which presents a substantial and specific danger to public health and safety
- Refusing to participate in illegal acts as part of your employment
- Recreational or political acts and preferences that you take part in outside of work
- Filing for Workers’ Compensation or Disability Benefits or testifying at the Workers’ Compensation Board
- Participation in jury duty where the employer has been notified of the obligation
- Sexual orientation, arrest or conviction record, partnership status, or status as a victim of domestic violence, stalking and sex offenses
What should I do if I believe my employer has violated my rights?
If you believe your rights are being violated it is important to log or keep track of the alleged violations and try to obtain documentary or evidence to support you belief. Please call our office if you believe your rights are being violated. Pursuing an employment law claim often requires that detailed procedures must be followed before filing a action, such as obtaining a Right-To-Sue letter from the Equal Employment Opportunity Commission (EEOC).
Our mission is to get you justice and compensation if your employer violates your rights. Call us for a free consultation. We work on a contingency fee basis, which means we only get paid if we are able to obtain money damages for you.
Check out our other practice areas:
Articles on Employment Law
Victims of Employment Discrimination can benefit from the services of a qualified Employment Discrimination Lawyer. Although this may seem like an obvious statement, many victims do not seek legal help out of fear of job loss or other employment retribution. Workers often … [Read More...]