Editor's note: This is the second in a series of columns on employment law.)
Employment law today is what guides, directs and regulates the workplace environment.
Many core employment values and laws were developed as a result of the civil rights movement. The EEOC, Equal Employment Opportunity Commission, is just one federal agency that oversees employment law in every state. Its website is a wealth of information for both the employer and the employee (www.eeoc.gov). Another great website is www.dol.gov (Department of Labor).
Most companies of any substantial size have a human resource department that helps to interpret the laws and gives professional direction to the leadership within the company.
When a company does not have a union — the company generally creates and develops a company handbook that includes policies for employees based on employment laws. Handbooks are distributed on the employee's first day of employment, and should show a commitment to fair, equitable and respectful practices. The company is expected to administer policies exactly the same to all employees.
Handbook policies will cover areas that are good common sense, provide boundaries for employees and a system which encourages an open door policy. The open door policy is the alternative to labor organization. The management encourages all employees to communicate with any level of leadership to discuss concerns, offer feedback or to ask questions.
Many hourly employees and leadership professionals prefer the great advantage in communicating directly with employees to resolve challenges or to make changes. Union organizing may have played an important role before the civil rights movement, but the role of the union has diminished greatly with the creation of so many federal laws.
Companies are now obligated and required to conduct business based on today's laws. There can be harsh penalties, fines and many legal costs involved for any company that does not respect the law.
» Fair Labor Standard Act: Administered by the Department of Labor, Wage and Hour Division. Prescribes standards for minimum wages and overtime pay. Additionally, develops and administers standards to determine exempt employees vs non-exempt employees (salaried vs. hourly).
» Family Medical Leave Act: Administered by the Department of Labor, Wage and hour Division. The law requires employers to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child, serious illness of the employee, spouse, child or parent. Twenty-four weeks of unpaid time related to care of a military family member.
The employee must complete a request for FMLA and submit a medical certification from a health care provider before the company is obligated to grant the time off. The leave may be taken as a leave of absence for up to 12 weeks continuously or may be taken in increments as small as one hour at a time. The FMLA helps the employee to have job protection while meeting personal demands. Additional qualifiers are size of employer and length of employment.
» Health Insurance Portability and Accountability Act (HIPPA): Privacy laws administered by the Department of Health and Human Services, related to personal health information. Information is required to be kept private and secured. The employer is prohibited from discussing an employee's medical condition. The supervisor must accept "illness" as a reason for time away from work and is prohibited from asking for additional detail.
» Immigration Reform and Control Act (IRCA): Immigration (Homeland Security) laws ensure that immigrants may be employed in the United States; however, it also requires that employers hire only persons who may legally work in the US. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). This form must be completed in full by day three of employment. Fines can be up to $10,000 each for incomplete or missing I-9 forms.
» Pregnancy Discrimination Act: An amendment to Title VII. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.
Although employment law has become more complicated over the years, employees everywhere have benefited by the great opportunities created and improvements to the workplace.
For more information on these matters, please call our office at 305 548 5020.
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