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Employment Law 101
Employment law covers all rights and obligations within the employer-employee relationship -- between employers and current employees, job applicants, or former employees. Because of the complexity of employment relationships and the wide variety of situations that can arise, employment law involves legal issues as diverse as discrimination, wrongful termination, wages and taxation, and workplace safety. Many of these issues are governed by applicable federal and state law. But, where the employment relationship is based on a valid contract entered into by the employer and the employee, state contract law alone may dictate the rights and duties of the parties.
Employee Rights and Employer Responsibilities in the Workplace
All employees have basic rights in the workplace -- including the right to privacy, fair compensation, and freedom from discrimination. A job applicant also has certain rights even prior to being hired as an employee. Those rights include the right to be free from discrimination based on age, gender, race, national origin, or religion during the hiring process.
Important employee rights include:
- Right to privacy (may be limited where e-mail and Internet use is concerned)
- Right to be free from discrimination and harassment of all types;
- Right to a safe workplace free of dangerous conditions, toxic substances, and other potential safety hazards;
- Right to be free from retaliation for filing a claim or complaint against an employer (these are sometimes called "whistleblower" rights);
- Right to fair wages for work performed.
Employers have an obligation to follow federal and state employment and labor laws -- including those pertaining to discrimination, fair pay, employee privacy, and safety in the workplace. The employer's legal obligations do not only pertain to hired employees, but extend to job applicants as well. For example, a prospective employer cannot ask a job applicant certain family-related questions during the hiring process.
FAQs
- What is the National Labor Relations Act?
- What is 42 U.S.C. Section 1981?
- What is the Age Discrimination in Employment Act?
- What is the Fair Labor Standards Act?
- What is Executive Order 11246?
Employment Law and Human Resources Forms
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