What Is Employment Law for Employers?

State and federal laws regulate the employer-employee relationship to prevent discrimination and create safe working environments free of harassment. If you are an employer, you will want to make sure you understand employment and labor laws so you can follow them long before there is a complaint.

The following is an overview of common considerations in the employment relationship. However, it is not exhaustive. It is the employer’s responsibility to comply with all federal and state employment and labor laws governing the employment relationship. Speak with a local employment lawyer who understands the legal challenges and opportunities for employers.

Non-Discriminatory Hiring Practices

When you hire employees, there are anti-discrimination laws that prohibit you from making decisions based on candidates’ memberships in protected classes.

For example, Title VII of the Civil Rights Act of 1964 protects race, color, religion, sex (including gender identity and sexual orientation), and national origin. The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for disabled workers. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against workers over the age of 40.

These protections don’t necessarily mean you must hire someone because they are a member of a protected class. Instead, it means that your reason for passing on them cannot be that they belong to a protected class. If you are unsure whether you are rejecting candidates for legal reasons, you may find it helpful to reach out to a lawyer. The federal classes are a baseline, so your state may offer protections to more groups of people.

In addition to this large body of federal rules, you probably aren’t surprised to find out that state laws also regulate this space. Some states have additional discrimination protections that apply to smaller employers who don’t fall under federal discrimination laws. So, it helps to speak to someone with both federal and state law understanding.

The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency assigned to enforce these regulatory laws nationally.

Protect Your Business From Litigation

Employee lawsuits cost time and money. Use the Super Lawyers directory to find a top employment attorney near you to solve problems before they get worse.

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Wage and Hour Laws

The federal government creates laws about compensating your employees. But take note, there are also state laws about how often you must pay your employees. You must compensate your employees for all the time they spend doing activities that benefit you or your company. And while there are special rules about travel time and time spent waiting, the general rule is that you should compensate your employees for all hours worked, even if they were not technically on the clock.

The Fair Labor Standards Act (FLSA) provides oversight on federal minimum wage, overtime pay, and stringent standards for child labor and employment. Additionally, the Equal Pay Act requires employers to pay men and women equally for equal work. Learn more about minimum wage and hour laws.

Preventing Harassment

Employers should have policies and systems in place to prevent workplace harassment, and to address sexual harassment should it occur. Learn more about what to do if your company faces a sexual harassment claim, liability, and preventative measures.

Occupational Safety

Employers must maintain workplace safety for their employees. Congress passed the Occupational Safety and Health Act of 1970 to regulate safe and healthy working conditions. The Occupational Safety and Health Administration (OSHA) enforce these regulations. The U.S. Department of Labor (DOL) oversees OSHA.

Even when maintaining occupational safety, accidents can still happen. Injured workers may also qualify for benefits through the Family and Medical Leave Act (FMLA). It’s best to speak with a lawyer versed in both FMLA and workers’ compensation policy.

Ending the Employment Relationship

As a private sector employer, you are likely employing people at will. At-will employment means that you or they can end the relationship for any or no reason as long as it is not against the law. This means you cannot fire someone based on their membership in a federally or state-protected class. You also cannot fire employees as retaliation for whistleblowing, complaining about unlawful practices, or engaging in other protected workplace activities.

Cases alleging wrongful termination will often require you to prove that the employee was at-will, meaning you didn’t need good cause to fire them. Before you face a lawsuit, you may want to review the employment policies and materials you provide to your employees. Make sure they do not inadvertently create an employment relationship you did not intend to create.

Courts will generally hold employers to statements in employee handbooks. This includes statements about only terminating an employee for cause or according to a discipline plan. If you make these kinds of statements in your human resources handbooks, you should intend to follow them.

Why Should I Talk to an Employment Lawyer?

Consider talking to a lawyer before a lawsuit reaches your desk so that you can ensure your employment practices comply with the law. A lawyer can help you draft job applications and develop hiring protocols. An attorney can also help you create plans to prevent harassment in the workplace.

When an employee has complained or filed a lawsuit, your lawyer can help you review the case and develop your defense. This can include interviewing the complaining employee and other employees with knowledge of the incident. A lawyer can anticipate potential problems with your case and advise you on how to approach them. An employment lawyer can also keep track of deadlines and file all the paperwork with the courts and agencies, giving you one less thing to worry about.

Finding the Right Attorney for Your Needs

It is essential to approach the right type of attorney—someone who can help you through your entire case. To do so, you can visit the Super Lawyers directory and use the search box to find a lawyer based on your legal issue or location.

To help you get started, you may want to consider looking for a lawyer who practices employment law and has experience representing employers.