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Employment/Labor Law - Lawyers, Attorneys, & Free Legal InformationBy continuing to use FreeAdvice.com you are agreeing to our Terms of Service and Privacy and Cookie policies. CLOSE CALL US (855) 466-5776 Get Legal Advice:Find the Right Lawyer for Your Legal Issue! Fast, Free, and Confidential Choose a Category » Auto Accident Injury Criminal Defense DUI Bankruptcy Personal Injury Real Estate Immigration Family Law Divorce Child Support Prenuptial Employment Workers Comp Copyright Traffic Civil Law Wills Elder Law Call us today for a free consultation (855) 466-5776 FreeAdvice: Law Select a Legal Topic Ask a LawyerLegal NewsFree Case EvaluationBy Legal Topic Accident Law Bankruptcy Law Business Law Criminal Law Employment Labor Law Estate Planning Family Law Financial Law General Practice Government Law Immigration Law Insurance Law Intellectual Property Litigation Malpractice Law Personal Injury Real Estate Law Tax Law Small Claims Aviation Law Home › Law Advice › Employment Labor Law Helping 20 Million Americans a Year for 20 Years. FREE! Find the Right Lawyer for Your Legal Issue! Download Legal Documents, Forms, & Contracts! Find Attorney Create Legal Documents Find the Right Lawyer for Your Legal Issue! Fast, Free, and Confidential Choose a Category » Auto Accident Injury Criminal Defense DUI Bankruptcy Personal Injury Real Estate Immigration Family Law Divorce Child Support Prenuptial Employment Workers Comp Copyright Traffic Civil Law Wills Elder Law Call us today for a free consultation (855) 466-5776 Download Legal Documents, Forms, & Contracts! Choose a Category » Wills & Estate Planning Divorce Contracts Bankruptcy Business Contracts Forming an LLC Home Ownership Loan Agreements Marriage Law Incorporation Law Intellectual Property Employment & HR Landlords & Property Managers Renters & Tenants Small Business Starting a Non-profit Corporate Compliance Other Call us today for a free consultation (855) 466-5776 How Can We Help You?Employment Labor Law Helping 20 Million Americans a Year for 20 Years. FREE! Find the Right Lawyer for Your Legal Issue! Download Legal Documents, Forms, & Contracts! Find Attorney Create Legal Documents Find the Right Lawyer for Your Legal Issue! Fast, Free, and Confidential Choose a Category » Auto Accident Injury Criminal Defense DUI Bankruptcy Personal Injury Real Estate Immigration Family Law Divorce Child Support Prenuptial Employment Workers Comp Copyright Traffic Civil Law Wills Elder Law Call us today for a free consultation (855) 466-5776 Download Legal Documents, Forms, & Contracts! Choose a Category » Wills & Estate Planning Divorce Contracts Bankruptcy Business Contracts Forming an LLC Home Ownership Loan Agreements Marriage Law Incorporation Law Intellectual Property Employment & HR Landlords & Property Managers Renters & Tenants Small Business Starting a Non-profit Corporate Compliance Other Call us today for a free consultation (855) 466-5776 How Can We Help You? ShareEmployment Labor Law contains: 294 Articles, 132 FAQs Hiring Job Interviews / Job Applications , Employment Agreements , Employment Credit Checks & Background Checks , Pre-Employment Testing & Polygraph Tests , More … Firing & Employee Discipline Wrongful Termination , Unemployment Insurance , Company Policies / Employer Rules , Employment Termination Procedure , Employment At-Will / Termination , More … Wage & Hour Employee Rights - Payment of Wages , Collecting Unpaid Wages , Overtime , Time-Off / Vacation Leave / Sick Leave , Employee Classification , More … Job Discrimination Employment Discrimination Basics , Age Discrimination , Americans with Disabilities Act , Pregnancy Discrimination , More … Sexual Harassment Sexual Harassment Basics , Preventing Sexual Harassment , Sexual Harassment - Steps to Take , Hostile Work Environment , Employment / Sexual Harassment Liability , More … Workers Comp Workers Comp Claims Process , Workers Comp Law & Lawyers , Workers Comp Benefits , Workers Comp Retaliation , Illnesses and Injuries , More … Find the Right Lawyer for Your Legal Issue! Fast, Free, and Confidential Choose a Category » Auto Accident Injury Criminal Defense DUI Bankruptcy Personal Injury Real Estate Immigration Family Law Divorce Child Support Prenuptial Employment Workers Comp Copyright Traffic Civil Law Wills Elder Law Call us today for a free consultation (855) 466-5776 Virtually any issue related to a person’s employment is governed by a mix of state and federal law. Federal employment law often affords workers greater protections than state law alone. Additionally, employment law encompasses a number of different areas of concern, for example a labor dispute may involve questions of constitutionality as well as contract law. Understanding the different areas of employment law is useful for someone seeking to resolve an employment dispute. Wage and Hour One key area of labor law is known as Wage and Hour, which refers to how much an employee is required to be paid and when. Most states have a minimum wage requirement, or adopt the federal minimum wage requirements. Minimum wage is the lowest amount by law that an employer is permitted to pay an employee. Although higher salary can be negotiated, employers are not required to pay a higher wage. They are not required to offer paid vacation, incentive plans, or insurance options. Wage and hour laws also affect when an employer is required to pay. These are frequently referred to as pay day” laws. An employer cannot hang onto an employee’s check for several weeks. If regular payday is Friday, then they are required to pay their workers on Friday. If an employer does provide insurance or a 401K plan, wage and hour questions tend to overlap with another sub-area of employment law called Benefits”. Benefits are governed by federal statutes like The Employee Retirement Income Security Act (ERISA) and The Health Insurance Portability and Accountability Act (HIPPA). Workers’ Compensation Law The second main area of employment law is worker’s compensation, often referred to as worker’s comp.” Worker’s comp refers to the compensation an employer is required to provide to an employee who is injured on the job. State laws dictate when an employee is entitled to benefits, as well as the duration and the amount of those benefits. Although some federal laws apply, most workers’ comp issues are governed by states. Overlap typically arises over concerns regarding workplace conditions. Employers are required to provide a safe working environment. If an employer fails to provide adequate safety measures (such as equipment, exits, procedures, training), the employer can be fined by the United States Department of Labor’s Occupational Safety and Health Administration (OSHA) in addition to being required to compensate an employee for any injuries suffered. Discrimination in the Workplace A third main area of labor law concerns discrimination. This covers hiring, firing, and workplace harassment. Virtually every state has some set of discrimination laws that mirror or supplement federal ones. For the most part, federal workplace discrimination laws are enforced by the Equal Employment Opportunity Commission (EEOC) , a federal agency. The two main areas of prohibited discrimination are race-based and gender-based, although some states have laws that protect additional categories of persons. For example, California prohibits discrimination based on sexual orientation. An employee cannot be denied or terminated from a job based on their membership in a protected class. In spite of all of the protections that the law provides against discrimination, proving a hostile work environment or wrongful discharge claim is difficult without proper legal representation. Read More Anyone with an labor law concern should retain a reputable employment law attorney to help them navigate...
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