Employee Protection Provided By Employment Law

Employee Protection Provided By Employment Law

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Employment law covers duties and rights within the relationship of current employers and employees, former employees, and job applicants. Due to the complex issues surrounding employment relationship, this branch of law is involved with different kinds of cases like discrimination, workplace safety, and overtime claims.

Many of the issues that are governed by employment law are also covered by state and federal laws. However, if the employment relationship was built through a valid contract, the duties and rights of both parties involved may be dictated solely by the state contract law.

In Los Angeles alone, there are different cases and issues arising in the workplace which require the specialty of skilled attorneys. These professionals are knowledgeable with all of the areas covered by employment law and they can also represent people whose rights were violated.

Employee Rights inside the Workplace

All employees are entitled by law to enjoy certain rights inside their workplace. Job applicants are also provided with specific rights even prior to their employment including the right of being free against discrimination based on gender, religion, age, or national origin during the process of hiring.

Other important rights of employees include:

Right of being free from retaliation if they filed a complaint or claim against their employer

Right of receiving fair wages for the work they performed

Right of being free against all types of harassment and discrimination

Right of working in a safe workplace which is free of toxic substances, hazardous conditions, and other probable safety hazards.

It is the obligation of employers to comply with both state and federal labor and employment laws which include those that pertain to employee privacy, safety inside the workplace, fair pay, and discrimination. The legal duties of employers are not only concerned with employees who are already hired, but also to job applicants.

Federal Regulations Governing Employment Relationship

Here are some of the federal laws governing employment:


Fair Labor Standards Act
Covers applicable overtime and salary requirements determined by federal government

Gives out regulations concerning work days, and breaks that must be provided by employers

Americans with Disabilities Act (ADA)

Defined disability as a mental or physical impairment that significantly limits a persons one or more major activities in life

Provided that if an disabled individual can do necessary functions with or without the receiving a reasonable accommodation, he/she cannot be discriminated by other based on his/her disability

Does not allow discrimination against a disabled individual who possesses proper qualifications

Family and Medical Leave Act (FMLA)

Preserve the position of qualified employees during the duration of their leave

Provided that employees should be allowed by employers to take up a leave of absence that can last up to 12-weeks for a medical reason that is qualified

Specified that in order to be qualified for a leave, employees should have worked for their employer for the past 12 months and for about 1,250 hours within the 12 month period prior to the leave.

The knowledge of Los Angeles attorneys concerning federal laws, along with the different areas under the employment law will give their clients a high chance of winning their case against the person who violated their rights.


About the Author:
Know more about your rights as an employee, if you have been a victim of employment discrimination you can consult with our Los Angeles Employment Lawyers. For more information, visit our website to avail of our free case analysis.



Article Originally Published On: http://www.articlesnatch.com


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