The Fair Labor Standards Act (FLSA) establishes the minimum wage, overtime pay, recordkeeping, and youth employment standards that affect employees in federal, state, and local governments as well as in the private sector. The FLSA states that covered nonexempt workers are entitled to a minimum wage of $7.25 per hour. Since many states also have minimum wage laws, if an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
Employment Law 101 for Managers
Failure to meet this deadline can result in the loss of your right to seek legal recourse. The EEOC’s jurisdiction covers most private employers, state and local governments, employment agencies, and labor unions. When Congress passed the Civil Rights Act of 1964, it did more than just outlaw discrimination—it created an independent federal agency to enforce those rights. The U.S. Equal Employment Opportunity Commission (EEOC) serves as the primary federal watchdog dedicated to preventing and remedying unlawful employment discrimination. Title VII is the foundational federal law that prohibits employment discrimination. It was enacted as part of the landmark Civil Rights Act of 1964, signed into law by President Lyndon B. Johnson, and represents a watershed moment in American legal history.
Feeling pushed aside and extremely because of the changes, she collected cleaned out her office, handed in her security pass and walked out of the office. No one in management called her after her departure to make sure she understood the changes or to clarify her employment law 101 intentions. Five days later, after calming down and receiving legal advice, the law clerk attempted to return to work only to be informed that she had resigned from her employment. If an employee resigns in the heat of the moment, in circumstances when the employee is angry, upset, or under stress the resignation may not be voluntary. If the employer refuses to allow the employee to return to work after the employee has had an opportunity to calm down and consider his or her future, the employer may be found to have terminated the employee’s employment. North Carolina does not have a law explicitly prohibiting sexual harassment in the workplace.
For example, a “no-beard” policy that applies to all employees may be unlawful if it’s not necessary for the job and disproportionately screens out Black men who have a predisposition to a skin condition that makes shaving difficult. Courts have also played a crucial role in clarifying and expanding these protections. Supreme Court ruled that discrimination “because of sex” under Title VII necessarily includes discrimination based on sexual orientation and gender identity. The category also explicitly includes discrimination based on pregnancy, childbirth, or related medical conditions, as established by the Pregnancy Discrimination Act.
Other Critical Federal Protections
In this case, Ms. Cooke indicated her fear of losing her job and her embarrassment of the circumstances of her workplace. I cannot say that her failure to report the unwelcome conduct of Mr. Comeau was in breach of the employment contract or should act to nullify or reduce the veracity of her claim in any way. In Cooke v. HTS Engineering Ltd.15 a female employee was found to have been constructively dismissed because she had been bullied and psychologically harassed by being called disparaging names and belittled by her supervisor. The court did not accept the female employee’s allegations of sexual harassment. The plaintiff in O’Sullivan v. Cavalier Tool & Manufacturing Ltd.7 was called into a management meeting and told that he would no longer be the acting shop foreman and, instead, he would be transferred to work as an hourly employee on the shop-floor.
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- In circumstances where, as here, there was a finding that the bonus was an integral part of the terminated employee’s compensation, the employee would have been eligible to receive a bonus in February of 2015 and 2016, had he continued to be employed during the 17-month notice period.
- The trial judge made a finding of fact that the employee had made it clear to the employer that he was prepared to relocate location to advance his career.
- In my view, there is no room remaining at law for a common law claim for a finding of constructive dismissal in circumstances where a temporary layoff has been rolled out in accordance with the terms of the ESA.
When it lost that gamble, it chose to litigate this matter for over five years. When confronted with its potential significant exposure, it raised the argument that the plaintiff failed to mitigate his potential damages by purchasing a replacement disability policy. The underlying policy reason why a dismissed employee has a legal obligation to seek new employment is because the purpose of providing notice is to give the employee time to find new work.
While the motivation is always an individual’s protected characteristic, the illegal conduct itself can range from a single employment decision to a pattern of abusive behavior or punishment for asserting one’s rights. Employers have a legal duty to provide “reasonable accommodation” for an employee’s religious practices unless doing so would impose “undue hardship” on the business. Equal Employment Opportunity Commission (EEOC), which serves as a critical resource for both employees and employers. The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. The Americans with Disabilities Act (ADA) forbids discrimination against people with disabilities in several areas, including employment, public accommodations, communications, transportation, and access to state and local government programs and services.
- Learn all about employment law, including what employment law lawyers do, reasons why you might need to hire an attorney, the different government acts created to protect the rights of employees, and how you can find employment law help.
- Other decisions, such as the Ontario Court of Appeal’s decision in Shah v. Xerox Canada Ltd.,13 found that it was not necessary to find a fundamental term of the employment contract had been breached in order to find that a constructive dismissal had occurred.
- Recognizing the signs of workplace discrimination and understanding your rights are crucial steps in combating this issue.
- The judge found that the employer’s response was motivated by the fact that the law firm had too many law clerks and her “resignation” saved it money, potentially severance costs.
- Overtime pay is required after 40 hours of work in a workweek (seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay.
An employee who intends to resign must provide his or her employer with reasonable notice of resignation.6 If the employee does not provide the employer with sufficient notice of resignation the employee may be liable for damages for wrongful resignation. ConclusionUnderstanding employee rights and the protections afforded by labor law protection is essential for every employee. With this knowledge, you are better equipped to recognize and challenge workplace discrimination, ensuring a fair and equitable environment for yourself and your colleagues.
Because of the wide range of issues and multitude of different employment laws, many employment lawyers typically specialize in just a few areas. It is important that employees and employers understand the basic elements of employment law in order to avoid legal action. For example, if an employee makes false statements that harm an employer’s business or reputation, they may face a lawsuit — even if their statement doesn’t cause any monetary loss.