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Employment Law
There is a wide array of employment labor laws
designed to protect both employees and
employers. Federal statutes, such as Title VII
of the Civil Rights Act of 1964, the Americans
with Disabilities Act, and the Age
Discrimination in Employment Act, as well as
state laws protect employees from
discrimination based on age, disability, sex,
race, color, religion, sex, or national origin.
The Family and Medical Leave Act, another
federal statute, allows employees to take up to
12 weeks of unpaid leave for certain family and
medical reasons, without having to worrying
about losing their job.
Basic Employee Rights
A very common workplace issue is the lack of
enforcement or the violation of employee
rights. Everyone, regardless of ethnicity,
gender, religion has the right, as an employee
to:
* Free choice of employment
* Just and favorable conditions of work and
protection against unemployment.
* Equal pay for equal work without any
discrimination.
* Just compensation
* Form and to join trade unions for the
protection of his interests.
* Rest and leisure, including reasonable
limitation of working hours and periodic
holidays with pay.
Other important employee rights include
protection against employer retaliation, the
right to some privacy in some matters, the
right to take a leave to care for a sick
child/family member, and a safe and harassment
free workplace.
Some Specific Employee Rights You Should Know
About
* If you are pregnant, you have the right to
take a leave under your employer's policies,
state law, or the federal Family and Medical
Leave Act (FMLA) to give birth or to care for
their newly born child.
* If you are required or permitted to work
overtime, you must be paid premium pay for such
overtime work. Overtime pay is for hours worked
over 40 in a workweek at a rate not less than
time and one-half your regular rate of pay.
* Sexual harassment, such as unwelcome sexual
advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature,
is an actionable wrong, not just against the
offending party but also against employers who
refuse to take proper action.
* Regardless of fault, an employee with a
work-related illness or injury can get
workers’ compensation benefits. However,
in exchange for these guaranteed benefits,
employees usually do not have the right to sue
the employer in court for damages for those
injuries.
* Men and women who perform work of similar
skill, effort, and responsibility for the same
employer under similar working conditions must
be provided the same wages and benefits.
* An employer is required to make a reasonable
accommodation to the known disability of a
qualified applicant or employee, as long as it
would not impose an "undue hardship" on the
operation of the employer's business.
* Business policies such as English-only at
work must show that it is a necessity and
reasonable for the operation of the business.
Likewise, any specification of an age limit (in
job notices and advertisements) must be a
“bona fide occupational qualification"
(BFOQ) reasonably necessary to the normal
operation of the business.
Unemployment Insurance
Unemployment insurance, or unemployment
compensation, helps unemployed workers maintain
some level of income while in between jobs. The
federal government, in conjunction with state
programs, operates these programs from revenues
garnered from American taxpayers. Each state
program operates its unemployment compensation
programs differently concerning administration,
qualifications for benefits, and how much
benefits unemployed persons can receive. If you
are not sure if you qualify for unemployment
insurance, or you believe you have been denied
compensation unfairly, a labor attorney can
help you.
Resolving Employment Disputes
If you feel that your rights as an employee
have been violated, instead of filing a legal
employment suit, you should first attempt to
resolve the dispute through open and honest
communication with your employer. This is often
accomplished through the informal mediation of
an HR representative.
For more serious matters, or those that are
best not dealt with internally, an employee may
consider formal mediation, arbitration, or any
other alternative dispute resolution method
instead. Realistically, the costs of litigation
generally far surpass any amount of economic or
personal damages in most work-related disputes.
A consultation with a labor lawyer can help you
decide whether or not filing suit is in your
best interest. Please fill out the "Legal
Help Request Form" above to get the legal help
that you need. Our service is completely
confidential and there is no obligation! Why
wait, get Employment Law help now.
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