Employment laws have not leveled the employer-employee playground effectively. Some laws favor the employers while some support the employees. Government agencies and private agencies may undertake background checks when hiring an employee to find out any criminal offense record or other related charges. These checks are fair to both parties since either would expect a clean reputational record. In employment contracts, federal employment law does not require employers to provide employees with specific information like state and local laws that may require the provision (USA.gov, 2018). This non-provision includes the potential for human resource professionals to exploit workers who may be less conversant with their rights. Federal law needs to provide clear rules that define employment contracting that offer ample fallback position in case of disputes.
In firing, at-will employees do not require service with termination notices. Covered employees under employers covered by the Worker Adjustment and Retraining Notification Act need 60-day notices of termination (USA.gov, 2018). The law provides room for legal suits against employers if they violate any employment law during termination. The Family and Medical Leave Act permits unpaid leave for workers in companies with fifty or more employees (USA.gov, 2018). It is, therefore, not clear if workers in companies with fewer employees are covered. This situation presents ambiguity and may be construed not to include some workers which negate fair representation and protection under the law.
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The department of labor contains a robust set of laws that address minimum wage, overtime, and misclassification (USA.gov, 2018). The minimum wage provision may be fatal to companies that compensate on an hourly basis. Despite receiving amounts equal to or more than the minimum wage, some employees’ effort may not match the salary paid. This issue intertwines with overtime pay where an employee may relax targeting the overtime hours that mostly attract higher pay. Therefore, the minimum wage and overtime pay provisions do not adequately secure the interests of the employers.
References
USA.gov. (2018). Labor laws and issues . Retrieved from https://www.usa.gov/labor-laws
