7. where does legislation concerning employer practices come from? course hero

by Mafalda Lowe 3 min read

What are the laws that HR professionals should know about?

HR professionals should be familiar with the individual laws that safeguard these protected classes of individuals such as: 1 Americans with Disabilities Act (ADA) 2 Age Discrimination in Employment Act (ADEA) 3 Equal Pay Act (EPA) 4 Pregnancy Discrimination Act (PDA) More ...

What is the introduction to employment law?

Employment law is the state and federal laws that protect worker rights, prevent discrimination, and promote safe work environments. Learn how to recognize state and federal employment laws by completing the introduction to employment law. Updated: 09/24/2021.

How do employment laws work for employees?

For employees, these laws work to: Just one well-known example is Title VII. This is a federal statute included as a part of the Civil Rights Act of 1964. This famous law prohibits employment discrimination based on a person's race, color, religion, sex, or national origin.

How should an employer's policies and procedures be applied to employees?

If an employers handbook or personnel policies provide procedures to be followed in terms of employee discipline or termination, those procedures should be followed and applied evenly. For instance, if an employer applies the policies discriminatorily,...

What is the role of the EEOC?

Equal Employment Opportunity Commission (EEOC) enforces many of the laws ensuring nondiscrimination in the workplace, and the National Labor Relations Board (NLRB) administers the primary law governing relations between unions and employers. Most workplace laws apply the same way to all employees, ...

What is the role of the Department of Labor in the workplace?

The U.S. Department of Labor (DOL) administers and enforces most federal employment laws, including those covering wages and hours of work, ...

What is an elaws advisor?

The elaws Advisors are interactive online tools designed to help employers and employees understand their rights and responsibilities under federal employment laws. Particularly useful to employers is the FirstStep Employment Law Advisor, which helps businesses and organizations decide which DOL workplace laws apply to them.

What is the EEOC website?

Equal Employment Opportunity Commission (EEOC) — The EEOC's website offers a wide range of materials for employers on preventing and addressing employment discrimination. In addition, print versions of publications can be ordered online or by calling 1-800-669-3362 (voice) or 1-800-800-3302 (TTY). EEOC resources are available in multiple languages ...

What is the DOL?

DOL and other federal agencies have numerous resources and materials that can help. Department of Labor — DOL is committed to providing America's employers, workers, job seekers and retirees with clear and easy-to-access information on how to be in compliance with federal employment laws. This information, often referred to as "compliance ...

What is FMLA law?

Some laws, such as the Family and Medical Leave Act (FMLA) and state Workers' Compensation laws, apply to all employees but have disability-related implications when employees are injured or become disabled on the job.

What is the Department of Labor?

Department of Labor (DOL) administers and enforces most federal employment laws, including those covering wages and hours of work, safety and health standards, employee health and retirement benefits, and federal contracts. Several other federal agencies also administer laws affecting employment issues.

What are the laws that protect employees?

This category of laws helps protect employees’ access to benefits. The most prominent laws include: 1 The Affordable Care Act, also known as “Obamacare,” which was enacted to increase access to affordable healthcare for those living below poverty levels. 2 The Employee Retirement Income Security Act (ERISA) stipulates that any organization offering pension plans must meet certain minimum standards. 3 The Consolidated Omnibus Budget Reconciliation Act (COBRA) mandates insurance programs must provide eligible employees access to continued health insurance coverage for a period of time after leaving employment. 4 The Health Insurance Portability and Accountability Act (HIPAA) affords employees and their dependents protection and privacy from the release of personal medical records. This law also protects employees from discrimination based on medical condition or history.

What is the most important law in HR?

1. Workplace Discrimination Laws. Among the most important legislation for HR professionals to know, Equal Employment Opportunity (EEO) laws protect against the discrimination of any individual based on age, disability, genetic information, national origin, race/color, sex, pregnancy, or religion. HR professionals should be familiar with ...

What is the purpose of I-9 forms?

These regulations outline the use of I-9 forms to verify compliance. Hyde says it’s essential, however, that while organizations verify employment eligibility, they remain mindful of anti-discrimination laws in place. 5. Workplace Safety Laws.

What is the purpose of the Immigration and Nationality Act?

Immigration laws, including the Immigration and Nationality Act (INA), serve to ensure that employers only hire candidates eligible to work in the U.S., including citizens, noncitizen nationals, lawful permanent residents, and aliens author ized to work. These regulations outline the use of I-9 forms to verify compliance.

What is FMLA in labor law?

Directs child labor regulations. Another critical statute in this category is the Family and Medical Leave Act (FMLA) of 1993, which entitles eligible employees to 12 weeks of unpaid leave for certain family and medical reasons, with a continuance of healthcare coverage and job protection.

What is HR law?

The law touches every profession that falls under the HR umbrella in some way.”. These professionals are tasked with frequent on-the-spot decisions that can have severe legal consequences, so knowledge of common HR-related laws gives these industry workers the confidence to make these decisions or know when to contact outside counsel.

What happens if an organization violates HR laws?

If an organization violates these complex and ever-changing regulations, it exposes itself to risk, including lawsuits, financial losses, and reputation damage. Since non-compliance can result in such serious consequences, there is a strong demand for industry workers who possess knowledge of HR laws and common legal issues in the workplace.

What are the laws that the EEOC enforces?

Laws that the EEOC Enforces. Federal employment discrimination laws include: The Americans with Disabilities Act (ADA) – prohibiting discrimination against workers with disabilities and mandating reasonable accommodations. The Age Discrimination in Employment Act of 1967 (ADEA) Title VII of the Civil Rights Act of 1964 (Title VII) ...

What are the protections included in the law?

These laws protect employees and job applicants against: Discrimination, harassment, and unfair treatment in the workplace by anyone because of: Race. Color. Religion. Sex (including gender identity, transgender status, and sexual orientation) Pregnancy. National origin.

What is the Department of Labor's Wage and Hour Division?

The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws. These include the Fair labor Standards Act (FLSA). These laws govern:

How many employees are required to be covered by the EEOC?

Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees.

What to do if you get hurt working for a private company?

If you get hurt working for a private company or state or local government, seek help through your state. Your state workers' compensation program can help you file a claim. If your claim is denied, you can appeal.

What is workers comp?

Workers' compensation laws protect employees who get hurt on the job or sick from it. The laws establish workers’ comp, a form of insurance that employers pay for. These laws vary from state to state and for federal employees.

How to file a discrimination complaint?

How to File an Employment Discrimination Complaint. To file a complaint, contact your state, local or tribal employment rights office. Many state and local governments have their own anti-discrimination laws. These laws may offer extra protections beyond federal laws. Some state laws: Apply to businesses with only five or six employees.

What is an employer policy?

Generally an employer provides its employees with a handbook or workplace policies to set forth expected behavior and procedures within the workplace. Employer policies can impact your ability to bring a claim in court and in some cases can create contracts between the employer and employee. To learn more about different types ...

What happens if an employee does not follow the internal procedures outlined by the policy?

If an employee does not follow the internal procedures outlined by the policy they may not be able to pursue a claim in court. These types of policies include inter-office dating policies and anti-nepotism (policies that prohibit or limit situations in which employer and employee relatives can work at the company).

What is the OSHA policy?

Health & Safety Policies: Federal law, the Occupational Safety and Health Act (OSHA), gives employees the right to a safe and hazard free workplace. Thus, OSHA provides the minimum guidelines for health and safety that employers must implement.

What is the law for military leave?

The governing federal law for military leave is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). For more information on USERRA see our Military Leave page. Additionally, some states have enacted their own laws providing additional protections to servicemembers.

How can companies minimize liability?

Companies can minimize liability by having anti-harassment policies. These can include various obligations, for example, an obligation to put an employer on notice or to follow the harassment policy when making a claim.

Which states require employers to notify employees of their e-mail?

For example, employers may monitor e-mail from the work e-mail address provided to you, or monitor any e-mail stored on your work computer and only two states, Connecticut and Delaware, require employers to notify employees that their e-mail is being monitored.

Can an employer force you to sign a non-compete agreement?

Non-Compete and Arbitration clauses are common in employment contracts and are generally legal and binding. While an employer cannot technically force you to sign a non-compete agreement or an arbitration clause, they can legally choose not to hire you or to terminate you if you refuse to sign the agreements.