ICLG. (2020, 3). Employment & labour law 2020 | USA | ICLG . International Comparative Legal Guides International Business Reports. Retrieved March 31, 2021, from https://iclg.com/practice-areas/employment-and-labour-laws-and-regulations/usa
The article answers pertinent questions relating to employment and labor laws. The author delineates the primary sources of employment laws, including Congressional Acts, statutory regulations, and Executive Orders. Employment and labor laws protect workers from discrimination based on gender, race, nationality, sexual orientation, national origin, and religion, among other factors. The article further emphasizes the need for employment contracts as the reference point for employer-employee relationships. Notably, employment contracts should be consistent with existing labor laws, mainly on minimum wage, mandatory payments, accrued pay, and overtime payments. Employees have the right to labor union representation per the National Labor Relations Act (NLR). Unions augment employment and labor laws by championing the protection of employees from unfair labor practices. Also, employees are entitled to maternal and paternal leave according to the Family and Medical Leave Act (FMLA). Employers should give a 60-day notice to employees under the Warn Act in the event of employment termination. The law also protects employees from unfair dismissal from work. Additionally, the article covers data protection and employee privacy laws and emphasizes securing employees’ information at work. Lastly, the paper explores the available legal measures to cushion employees from the harsh effects of the covid-19 pandemic. The Family First Coronavirus Act (FFCRA) and the CARE Act provide unemployment insurance for employees and loan options in the wake of the pandemic. The FFCRA also entitles employees contracting the coronavirus to a paid sick leave. In a nutshell, the article explores the legal issues governing employer-employee contracts and relationships.
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The article provides further insight on the laws and regulations protecting employees from discrimination, consistent with Chapter 12 of the module. The Equal Employment Opportunities Commission (EEOC) provides employee training on their rights, responsibilities, and handling harassment at work. If employers face discrimination of any kind, they can file a discrimination charge with the EEOC. However, if the employer can provide unimpeachable evidence that the employee’s discrimination claim was illegitimate, the courts will not hold the employer liable. The available remedies for discrimination include compensatory damages, liquidated damages, and punitive damages. Additionally, federal and state laws are in place to protect whistleblowers from victimization when they report employment malpractices.
Moreover, the article explores many aspects covering employer-employee relationships and augments Chapter 11 of the module. When employees choose to work with a particular employer, they enter a contract, which becomes the basis of their relationship. In other words, the employment contract outlines the terms and conditions of employment and expectations of both parties. Violation of the terms implied in the employment contract is cause for legal redress. Another aspect of employer-employee relationships is union representation. The employee has a right to join unions to expand their protection from unfair labor practices. Also, employers should treat employees with respect and dignity regardless of their race, national origin, sexual orientation, gender, or religion. The employer is obliged to provide a conducive working environment for the employee. Lastly, the employer should prioritize employee welfare to foster good relationships. The employer can promote employee welfare by complying with the Warn Act, the FFCRA, and OSHA.
Finally, an agency relationship exists between the employee and the union representatives, as described in Chapter 10. When an employee chooses union representation, the employee becomes the principal while the union becomes the agent. The agent acts on behalf of the principal. In this case, the labor union champions the employee rights such as freedom from discrimination or unlawful termination. The law empowers associations to act as employee agents to represent employees on matters relating to their employment. Similarly, the employer-employee relationship is another unique type of agency relationship. The employer is the master while the employee is the servant, each having different obligations and rights.
