Employment Law Statutes

Employment law ("labor" law) is the body of laws which address the rights and restrictions

in an employer-employee relationship. Employment law often involves employment discrimination, wages, safety, compensation, and pensions. Here are several situations that you may encounter, and the accompanying laws. Please note that these are but brief introductions into your case; to further it, you will need to contact Russells and Associates for the help of an experienced attorneys.

Age Discrimination in Employment Act ( ADEA)

The Age Discrimination in Employment Act protects people under the age of forty from unfair treatment based on their age. Under this act, individuals are protected from discriminatory treatment in hiring, promoting and firing decisions based on their age.

However, the ADEA allows an employer to follow a seniority system based on good faith, which may unintentionally favor some employees. Also, note that ADEA applies only to employers with twenty or more employees.

To learn more about age discrimination in employment, Russell and Associates offers a free consultation should you need an attorney's assistance.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act protects people who have a chronic physical or mental disablement that significantly limits their day-to-day life. Under the ADA, a "disability" is considered, among other things, to be: confinement to a wheelchair, vision and hearing problems, reliance on a cane, some mental illnesses, and muscular system disorders.

An employer must provide accommodations for disabled individuals protected under the ADA, and may not:

1.) Make employment decisions based on assumptions about the disability

2.) Establish drastically different pay scales, benefit programs, or promotion opportunities for an individual protected by the ADA

3.) Negotiate or enter contracts with other businesses that would discriminate against individuals or groups as a result of disability

4.) Discriminate against any current employee because of their ties to a person protected by the ADA

5.) Discriminate against ADA protected people through pre-employment medical examinations, pre-employment questions regarding physical abilities, job descriptions and qualifications, extended absence, and work safety

Please speak to Russell and Associates to discuss how your situation applies to the ADA; we strive to give you the best representation possible.

Consolidated Omnibus Reconciliation Act of 1985 (COBRA)

The Consolidated Omnibus Reconciliation Act protects employees whose employment has ended (whether from having been fired, having been laid off, or having resigned) from losing coverage under a group health plan. The COBRA requires employers to offer these employees the right to continue their coverage.

Note that COBRA, in addition to the ADEA, applies only to employers with twenty or more employees.

Employee Retirement Income Security Act (ERISA)

The Employee Retirement Income Security Act has detailed requirements for specific employers who offer their employees a welfare benefit plan or retirement plan. The ERISA aims to protect people in their pension and health plans.

Equal Pay Act

Under the Equal Pay Act, male and female employees are obligated to receive the same wage for performing mostly equal work on jobs requiring equal skill, effort, and responsibility under similar working conditions. This Act applies only to the inequity of pay regarding gender, and not to other characteristics such as race.

Fair Labor Standards Act (FLSA)

Under the Fair Labor Standards Act, employers are required to adhere to minimum-wage requirements. Also, the FLSA has conditions concerning child labor and overtime pay. However, not every employer is required to follow the FLSA; only employers who are involved with state or foreign commerce and whose gross yearly sales greater than or equal to $500,000 are required to comply.

Family Medical Leave Act (FMLA)

Employers are required to allow their employees family leave under the FMLA. The Act allows employees to take the equivalent of twelve weeks of unpaid leave each year due to:

1.) the birth or adoption of child;

2.) the need to attend to "serious health conditions" of an immediate family member;

3.) the employee's own "serious health condition"

The FMLA defines a "serious health condition" as an illness, injury, impairment, or physical or mental condition which requires an overnight stay in a medical care facility, including any period of incapacity or any resulting treatment connected with such care.

Title VII of the Civil Rights Act of 1964

Through Title VII, employers are prohibited from discriminating against employees based on race, color, national origin, religion, or gender in every phase of employment.

To follow Title VII, an employer must make employment decisions based on ability and business necessity, rather than based on the individual's association with a protected class. However, there is a rarely used bona fide exception when a qualification requires an employee to have certain characteristics.

Also, please note that Title VII applies only to employers with fifteen or more employees.

• 

• 	Sign up for our Email Newsletter
  For Email Newsletters you can trust