Federal and state employment law is incredibly complex, with overlapping and sometimes conflicting provisions that can leave a business owner wondering what provisions of law must it comply with and how and when to do so. California’s employment laws are among the most complex and onerous in the nation, and contribute, in no small part, to the state’s reputation for being unfriendly to new and existing businesses.
In a series of posts that we start today, Finkel Law Group will provide you with a brief outline of the most important federal and California employment laws that all businesses should be aware of and comply with in order to avoid unnecessary legal entanglements with employees. Over time we will then dig into each statute a little deeper to provide you with the major business and legal issues raised by those laws. So let’s get started.
The following statutes are the most important federal employment laws that all employers should be aware of and have a compliance program in place to ensure timely compliance.
Federal and state employment law is incredibly complex, with overlapping and sometimes conflicting provisions that can leave a business owner wondering what provisions of law must it comply with and how and when to do so. California’s employment laws are among the most complex and onerous in the nation, and contribute, in no small part, to the state’s reputation for being unfriendly to new and existing businesses.
In a series of posts that we start today, Finkel Law Group will provide you with a brief outline of the most important federal and California employment laws that all businesses should be aware of and comply with in order to avoid unnecessary legal entanglements with employees. Over time we will then dig into each statute a little deeper to provide you with the major business and legal issues raised by those laws. So let’s get started.
The following statutes are the most important federal employment laws that all employers should be aware of and have a compliance program in place to ensure timely compliance.
Title VII of the Civil Rights Act of 1964 bars certain employers from discriminating against employees, former employees, or applicants for employment based on race, color, national origin, religion or sex. This includes gender and pregnancy. Title VII also prohibits harassment and retaliation based on the same protected characteristics.
The Fair Labor Standards Act sets the federal minimum wage for covered, non-exempt employees and requires that such employee be paid overtime at the rate of time and a half their regular hourly rate for hours worked over 40 hours in any workweek. The statute also prohibits child labor and requires wage and hour recordkeeping. Retaliation is prohibited under the FLSA.
The Americans with Disabilities Act bars certain employers from discriminating against applicants and employees in hiring, termination of employment, compensation, and job training, so long as the applicant/employee can perform the essential functions of the job with or without reasonable accommodation. Retaliation also is prohibited under the ADA.
The Family and Medical Leave Act allows certain eligible employees of qualified employers to take up to 12 weeks of unpaid, job-protected leave – in bulk or on an intermittent basis – to respond to certain life events such as the birth or adoption of a child, to care for a sick family member, or to attend to the employee’s own serious health condition.
The Age Discrimination in Employment Act makes it unlawful for qualified employers to discriminate against a job applicant or an employee age 40 or older because of his or her age when making decisions about hiring, firing, job promotions, compensation benefits, training and assignments. The ADEA also prohibits harassment and retaliation.
The Fair Credit Reporting Act places certain limitations on employers’ use of employee and applicant information such as credit histories, motor vehicle records, and criminal background information provided by third party consumer reporting agencies. The FCRA contains specific notice, disclosure, and consent requirements employers must follow before obtaining information and taking adverse action – like deciding not to hire an applicant – based on that information.
The National Labor Relations Act bars employers from infringing upon workers’ rights to organize into unions, to engage in the collective bargaining process, and to take collective action, like going on strike or attempting to discuss or ask for higher wages. The NLRA applies to most work places, even those that do not have a union in place.