Both employees and employers have to know about employment laws in the country. From working time to employment contracts, everything is covered under these laws. But, what are the employment laws? Let’s give you a clear definition.
Employment law refers to the collection of rules and laws regulating the relationship between employees and employers. The legal rules about employment also state everything about the hiring of employees by employers. Moreover, the U.S. codes of laws reveal what an employer should pay the worker for their works. There are also some minimum legal requirements for different working conditions.
Labor laws, also referred to as employment laws, are based on state and federal constitutions, administrative verdicts, legislation, and court opinions. However, some business owners and employers have misconceptions about these laws. It is important to learn about employment law.
Thus, you can now check some crucial facts about employment.
- FMLA- Applicable to some situations
According to the Family and Medical Leave Act, you are entitled to 12-week unpaid leave with healthcare coverage and continuous job protection for some medical issues. Those reasons may be personal medical problems, pregnancy, and relative affected by any serious health complication. However, when an employee has misapplied his FMLA rights, his employer can dismiss him. FMLA Act helps in protecting employee rights to take leave for illness. It does not indicate that an employee can take leave at any time.
- No employer can force a worker to do risky work
In the USA, workers have the right to reject the request of working in a hazardous environment. According to OSHA, 1970, workers need to stay safe from harmful environments. Moreover, employers should ensure that the workplace is free from dangers.
- Contractor and employees- These terms are different
The nature of work can make a difference between an independent contractor and an employee. Employees can enjoy unemployment insurance, benefits, workers’ compensation, health protection by OSHA, and legal protection against any type of discrimination. To differentiate contractors from employees, you need to answer some questions.
- Does the worker do works without your direct supervision?
- Is the type of work not a standard business mode?
If you say YES as the answer, the worker is the independent contractor.
- Facts about waiting time penalties
Your employer might have fired you for some reason. Still, he has to pay your final wages immediately upon dismissal. You can send a 72-hour notice, and you can receive your due wages on the last day. While your employer has refused to pay the amount within the given time limits, he needs to pay the penalty for the delay. But, this rule is not applicable to government employees.
- Conditions of getting the unpaid medical leave for 12 weeks
Not every employee can claim unpaid medical leave with the privilege of getting back the work. During the 12-week break, the employer needs to ensure that you will restore your position after returning. However, you must fulfill some criteria to get this advantage.
- You have already worked for the company for at least a year.
- You have served the company at least 1,250 hour sin the last 12 months.
Regardless of the rules about employment length, workers participating in the SDI Program can enjoy 6-week partial pay.
- Employers have no right to deduct money for an acceptable mistake
Some mistakes of employees are reasonable and inevitable. For instance, they might have unintentionally broken a glass item while placing it on a shelf. It is not legal to deduct an amount from their paycheck to compensate for the loss. While the employer has made any deduction, he needs to prove that the employee has intentionally done it. Thus, as an employee, you must know about this legal fact.
- Eligibility for unemployment insurance
Although your employees have dismissed you, there is a chance of claiming unemployment insurance. But, make sure that the reason for termination is not misconduct and any other negative factor (for instance, serious disregard for the employer’s interests). Regular absence is also a type of misconduct. However, substandard performance is not misconduct and does not prevent you from getting benefits of unemployment insurance. We have listed some common reasons for quitting the job for which you will get unemployment benefits.
- Domestic reasons (to solve family issues and marriage);
- You have found a better job with higher wages.
- Health issues
- Intolerable working environment (like harassment and safety risks)
- Laws about overtime pay
Exempt workers do not get payment for overtime work. However, an employer will classify the employee as exempt. For legal exemption, employees should earn twice the minimum monthly wage. Some state-licensed professional employees are exempted from receiving overtime pay. In a few cases, executive employees also do not receive overtime pay. To calculate the overtime payment, employers will consider your monthly salary and the number of additional hours you have worked.
- Lunch breaks- Not mandatory in some states in the USA
Employers in Texas and some other states do not need to give paid and unpaid breaks to their workers. But, some employers permit their workers to take paid 15-minute breaks and unpaid lunch breaks during working hours. Although it is not a legal compulsion, employers can benefit their employees by providing lunch breaks. Especially disabled workers and breastfeeding moms need to have some breaks.
- An unpleasant worksite may not be a hostile one
Hostile workplace- This phrase has some legal implications. There may be several reasons for calling a workplace a hostile one. For instance, when an employee needs to deal with abusive behavior, it makes the environment hostile. However, the strictness of supervisors and managers does not indicate hostility.
Illegal conduct may result in a hostile and unfriendly work environment. While an employee insults others, gives threats, harasses others sexually, and cuts offensive jokes, the work environment can be hostile. Thus, you must learn about the definition of hostility from a legal perspective.
These are some common employment laws in the USA. You can hire employment lawyers to learn more about these laws.
