Fostering a healthy workplace dynamic is one of the most critical responsibilities of any business owner. To cultivate this for your workplace, ensuring that your standard of operations is aligned with various labor laws can help facilitate this change. However, the intricacies of employment law can be somewhat confusing to follow without complete knowledge of the law. Providing the necessary protections for employees while ensuring that your business is running according to the law can be easy with the proper knowledge of the law.

What Are Employment Laws?

Employer-employee rights, duties, and obligations are all covered by the area of law defined as employment law. Wages, workplace safety, discrimination, and wrongful termination are all addressed by employment legislation. For example, if an employee is accusing you or your company of directly contributing to the harassment they experienced at work, this matter would be handled as part of the employment law process, where the claims are either accepted or denied based on the evidence in the case. Employment attorneys often specialize in either representing employers or employees, but seldom both, depending on the office. In contrast to the employee, who is most likely to select a lawyer with experience representing employees and employee rights, the company, which is facing a harassment claim, will most likely choose a firm with a solid history of defending other firms.

What Cases Are Part of Employment Law?

Employment law covers a wide range of legal issues regarding the relationship between employees and employers. Unlike labor laws, employment laws follow workplace relationships and interactions as opposed to labor groups and movements. Any relationships, interactions, workplace standards, and procedures surrounding different norms in the workplace are all considered part of the employment law spectrum. Here are the two biggest areas of employment law typically faced by employers:

  • Harassment Claims: Workplace harassment is never an easy subject to discuss and can create a stressful situation for all involved. As an employer, accusations of harassment can be damaging to your business image, so dealing with these claims as they manifest is crucial for preserving the reputation of your business. The statute of limitations on harassment in the workplace only extends to three years after the event, which means that any claims not followed by actual legal proceedings will be completely dropped.
  • Employee Termination Proceedings: This is one of the biggest employee benefits that helps protect employers from any unnecessary lawsuits and protections covered by at-will employment statutes. For example, if an employer were to terminate an employee’s position, at-will employment laws help prevent that employer from facing backlash regarding that specific case. If this case were reported to the Equal Employment Opportunity Commission (EEOC), however, these cases would need to be taken up by an experienced employment lawyer able to disprove these claims.

Although not an expected or welcomed part of owning a business, being prepared for these kinds of cases by understanding employment law statutes and regulations is the first step in preventing these issues from arising. One of the easiest ways to make sure your business avoids any of these penalties is to stay on top of state and federal employment law standards.

Staying On Top of National Employment Law Compliance

Maintaining a proper level of compliance with national standards is the best way to avoid any disputes or claims from employees. The prominent organizations that dictate employment law regulations include OSHA, FLSA, FMLA, NMRA, and EEOC. OSHA (Occupational Safety and Health Administration) injury and accident reporting regulations and inspections apply to businesses with more than ten employees. The Fair Labor Standards Act (FLSA) regulates several aspects of salaries, including overtime compensation. For companies with 50 or more employees, the FMLA (Family Medical Leave Act) and NMRA (Nursing Mothers’ Rights Act) laws apply. And the EEOC (Equal Employment Opportunities Commission) addresses a wide range of issues to avoid harassment and employment discrimination when hiring, dismissing, promoting, training, determining salaries and benefits, and other employment-related decisions.

Common Questions on Employment Law

Q: What Is a Disadvantage of Employment Law?

A: One of the biggest drawbacks to employment laws is how fast and frequently these laws change. For example, California legislators completely restructured protections surrounding paid vacation and sick leave for full-time employees, which must be absorbed and implemented by businesses with full-time employees to fulfill this new legislation’s requirements.

Q: What Are the Benefits of Employment Law?

A: The benefits of employment law primarily focus on employees. However, the law can help support businesses as well. When it comes to providing protections for employers, California employment laws ensure that companies have a fair stake in cases regarding time-sensitive situations like harassment or wage claims, using a statute of limitations to avoid using incomplete or faulty evidence in the deliberation of these cases.

Q: Which States Have the Strictest Employment Laws?

A: On a national scale, California is considered the leader in employment law enforcement, passing new developments regularly to stay up-to-date with the needs of employers and employees alike. Frequent updates to laws, adaptations based on new environmental factors, and overall legislative effectiveness make California the state with the strictest employment laws.

Q: Which Country Has the Best Employment Laws?

A: On a global scale, the country with the best employment laws for both employers and employees happens to be Austria. Between protections for disabled workers and providing paid vacation for national holidays, Austrian employment laws help provide employees with paid vacation while allowing employers to set minimum wage figures based on industry.

Seeking Legal Help with Employment Law Disputes

In a state with as much new legislation surrounding employment laws as California, making sure your business is on top of these new laws is of the utmost importance. Finding legal advice for integrating these clauses into your business practices, while staying true to the law’s text, is one of the best ways to avoid any unnecessary disputes from disgruntled employees. At Fishman, Larsen & Callister, we provide the legal expertise needed to help you avoid disputes with your employees, keeping your business safe from legal penalties. For more information on our practice areas, visit our website or contact us today.