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Employment Law: An Introduction (5th edn)  

Employment Law provides an introduction to the issues of employment law and regulation for those studying a variety of subjects including human resource management (HRM) and business management, as well as an easy explanation for students of law. Case exhibits in every chapter illustrate employment law in action, whilst activities test understanding of the law and its application in the real world. In addition, a dedicated, very practical chapter on preparing and presenting a case gives an opportunity to demonstrate understanding using a fictional scenario, through which a greater insight into the challenges faced before an employment tribunal can be gleamed. This fifth edition includes full coverage of the Taylor Report, the Gender Pay Gap Regulations, GDPR/Data Protection Act 2018, the Trade Union Act 2016 and the likely effect of Brexit. The text also encompasses a revision of core legal content including changes to tribunal fees and case law concerning employment status.

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• Dedication  
• Guide to the Online Resources  
• Table of Cases  
• Table of Legislation  
• 1. The rise of employment law  
• 2. Sources of employment law and institutions  
• 3. Barriers to employment rights  
• 4. Unfair dismissal—reasons and remedies  
• 5. Unfair dismissal—Reasonableness  
• 6. Redundancy  
• 7. Contractual employment rights  
• 8. Implied terms  
• 9. Wrongful and constructive dismissal  
• 10. Introducing discrimination law  
• 11. The Equality Act 2010: key concepts  
• 12. Age discrimination  
• 13. Disability discrimination  
• 14. Race discrimination  
• 15. Religious discrimination  
• 16. Sex discrimination  
• 17. Sex-related characteristics (gender reassignment, marital status, pregnancy, sexual orientation)  
• 18. Equal pay  
• 19. Atypical workers  
• 20. Family-friendly statutes  
• 21. Wages and benefits  
• 22. Privacy and confidentiality  
• 24. Health and safety—the criminal law  
• 25. Health and safety—The civil law  
• 26. Working time  
• 27. Freedom of association  
• 28. Consultation and bargaining  
• 29. Industrial action  
• 30. Employment tribunal procedure  
• 31. Preparing and presenting a case  

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What Is Employment Law?

Employment law governs every detail of the relationship between employee and employer. It is designed to protect employees and their employers through regulations that guarantee workplace safety, protect against child labor, ensure a fair and equitable hiring process , and address family and medical leave. Employment law also regulates the hours an employee can work and sets wages. 

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.

5 Critical Employment Laws to Know

Family and medical leave act (fmla).

• The Americans With Disabilities Act (ADA)

The Fair Labor Standards Act (FLSA)

Occupational safety and health act (osh), employee retirement income security act (erisa).

More People Management Basics What Are Compensation and Benefits?

Why Is Employment Law Important?

If an employer breaks an employment law, they may fall under investigation or incur penalties including extensive fines. Examples of employer misconduct include failing to pay mandatory overtime, denying paid leave, wrongful termination or asking prohibited questions on job applications. Employment law is structured so that both employer and employee are treated fairly, which in turn keeps a business running properly. These regulations ensure that businesses can focus on productivity instead of directing resources to resolving disputes.

For example, employers have the right to terminate an employee if they are not properly performing their duties. They also have the right to terminate an employee if the company can no longer afford to keep them on staff, or for more obvious reasons such as theft or defamation. Employment laws ensure that employees fulfill their contract with their employer, thereby protecting employers from bad faith actors.

Harassment in the Workplace

There are limits to the protections offered by employment laws. For example, harassment is illegal, but “petty teasing” is not. According to the U.S. Equal Employment Opportunity Commission (EEOC) , harassment is unwelcome conduct that is based on race, color, religion, sex, national origin, older age, disability or genetic information. Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive. 

Petty teasing doesn’t qualify as unlawful, unless it creates a work environment that is intimidating, hostile or offensive. Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.

Who Is Exempt From Employment Laws?

Employment law also doesn’t protect all businesses equally. For example, some small businesses may be exempt from certain requirements, and managers may not have all the same wage protections as hourly workers. Additionally, most states offer “at-will” employment, which means an employer can terminate your employment for any reason as long as it’s not unlawful. 

While employment laws don’t fully protect against all manner of workplace abuse, they do protect against many areas that were historically difficult to regulate. The Fair Labor Standards Act of 1938 restricts the hours that children under age 16 are allowed to work, placing limits on child labor. However, children 12 and younger can still legally work on farms, despite risks from heavy machinery and heat-related illnesses from sun exposure.

Related Reading How to Write Inclusive Job Descriptions

What Are the Main Characteristics of Employment Law?

Employment law is an extensive, relatively young branch of law that’s constantly changing. It allows employees to understand their rights and is often divided into areas such as wages and benefits, health and safety, and employment discrimination. Other key areas include family and medical leave, labor relations, unemployment compensation, employee contracts, immigration, the hiring process , pensions, social security and wrongful termination. The U.S. Department of Labor administers and enforces most federal employment laws.

What Are the Key U.S. Employment Laws?

The U.S. Department of Labor oversees an extensive range of employment laws, but there are other agencies that monitor the workplace as well. The U.S. Equal Employment Opportunity Commission (EEOC) enforces many of the laws protecting workers from discrimination, working with Fair Employment Practices Agencies (FEPAs) to manage charges of employment discrimination at the state and local levels. 

Additionally, the National Labor Relations Board (NLRB) oversees the law that controls the relationship between unions and their members. Finally, the U.S. Department of Justice administers the Americans with Disabilities Act , which protects people with disabilities in many areas of life, including the workplace.

Here’s an overview of key U.S. employment laws. 

The Fair Labor Standards Act (FLSA) of 1938 prescribes standards for wages and overtime pay, which affect most private and public employment. The FLSA requires employers to pay employees who are not otherwise exempt at least the federal minimum wage and overtime pay of 1.5 times the regular rate of pay. (An exempt employee is salaried, and does not receive overtime pay or qualify for minimum wage.) The FLSA also restricts the hours that children under age 16 are allowed to work and prohibits the employment of children under age 18 in jobs considered too dangerous.

The OSH Act of 1970 is administered by the Occupational Safety and Health Administration (OSHA). Covered employers must comply with OSHA’s regulations as well as their health and safety standards. Under the OSH Act, employers must also provide employees with a workplace free from recognized, serious hazards, which include everything from workplace violence to hazardous material spills. OSHA enforces the law through workplace inspections and investigations.

While the U.S. Department of Labor oversees federal employee compensation, it has no oversight of state workers’ compensation programs . State government or private company employees should contact the workers’ compensation program from their state for more information.

More From This Expert What Is Employee Relations?

One of the most well-known and often-used labor laws is the Family and Medical Leave Act (FMLA) of 1993, which requires employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or the employee’s spouse, child or parent.

The Employee Retirement Income Security Act of 1974 (ERISA) regulates employers who offer pension or welfare benefit plans for their employees. Certain employers and plan administrators must fund an insurance system to protect specific retirement benefits and pay premiums to the federal government.

The federal government also has labor laws governing:

• Construction and transportation industries
• Mine safety
• Migrant and seasonal agricultural workers
• Manufacturing plant closings and layoffs
• Recipients of government contracts, grants or financial aid
• Wage garnishment
• Unions and union members

A more obscure law is the Employee Polygraph Protection Act , which prohibits most employers from using lie detectors on employees but permits polygraph tests in specific circumstances.

Common Causes of Action in Employment Law

Employees can take legal action against their employer as individuals or as a union. While it’s more difficult, employers can also sue their employees. It’s important for both parties to be proactive and know their rights and responsibilities to avoid running afoul of the law. 

When Can Employees Sue Their Employers?

• Inconsistent discipline/discrimination : Employers must ensure they’re applying disciplinary measures uniformly across employees. If an employee gets away with something for which their coworker was fired, the terminated employee could claim discrimination and pursue legal action.  
• Workplace harassment : This is a type of discrimination that violates federal or state anti-discrimination laws. Harassment can prompt legal action if a workplace becomes hostile, abusive or intimidating.
• Wrongful termination : Firing an employee for illegal reasons or in a way that breaches a contract constitutes wrongful termination. Examples include an employer making an employee’s work so difficult that they quit on their own, an employee getting fired due to discrimination or an employee reporting an employer for illegal activity and getting fired (retaliation).
• Wage law violations : Employers can face legal action for denial of overtime pay, errors in the calculation of hours and overtime, and misclassifying employees as independent contractors.

More From Our Company Culture Experts How to Handle Layoff Announcements

When Can Employers Sue Their Employees?

• Negligence: If an employee causes injury to another person or property, the employer may be able to sue.
• Defamation: If an employee knowingly makes false statements that harm the employer’s business or reputation, the employer may pursue legal action. Even if the statement doesn’t cause any monetary loss, if it is harmful to the employer’s reputation they may face a lawsuit.
• Violating a non-compete clause: Many employment contracts prevent an employee from working in a specific field within a set geographic area for a certain time post-employment. Certain states no longer enforce non-compete clauses, but many still uphold the agreements if they find that they were reasonable and made in good faith.

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Employment Law

Jul 07, 2014

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Employment Law. Objective 3.01 Understand employment law. Employment Law Basics. Employment law Division of law that governs the relationship between employers and employees Employment law stems from various forms of law including tort, criminal, contract, and labor law.

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Presentation Transcript

• Employment Law Basics Employment law Division of law that governs the relationship between employers and employees Employment law stems from various forms of law including tort, criminal, contract, and labor law
• Employment Law Basics Employer Person or company who pays a person for a wage, salary, payment or fee in exchange for supervising and controlling the employee’s activities
• Employment Law Basics Employee Person who works for an employer for a wage, salary, payment or fee, guided by an express or implied agreement The employee is under the control and supervision of the employer
• Employment Law Basics Independent contractor Person who works for an employer for a wage, salary, payment or fee, guided by an express or implied agreement Person is not subject to the control or supervision of an employer
• Employment Law Basics Express employment agreement A formal contract, either oral or written, that specifically states the terms and conditions of employment
• Employment Law Basics Implied employment agreement An employment contract in which the terms and conditions may be inferred through the actions, comments, promises, and employment practices of either the employer or employee.
• NC Department of Labor Promotes the general well-being, safety, and health of NC workers by: Enforcing occupational and health standards Setting the minimum wage and maximum number of work hours per week Providing apprentice programs for the skilled trades Conducting inspections for mines, boilers, elevators, amusement rides, and quarries
• Fair Labor Standards Act Also referred to as the Wage and Hour Act Federal law that sets the minimum wage, overtime pay, and age requirements for certain types of employees This act does not apply to the minimum wage or overtime pay of professional workers, executives, administrative, and outside sales employees
• Fair Labor Standards Act North Carolina Youth Employment Provisions of the Wage and Hour Act for Nonagricultural Occupations Law that establishes labor standards and labor guidelines for youth 17 years old and younger In general, children of any age are permitted to work for business owned by parents
• Occupational Safety & Health Act Federal act that establishes and promotes workplace safety standards for businesses Employers should undertake specific precautions to ensure that the workplace is free of hazards that would lead to harm, permanent injury or death Violators may be fined up to $7,000 per day
• Americans with Disability Act Federal act that prohibits discrimination based on a person’s disability if the person with the disability is able to perform the essential functions of the job requirements
• Age Discrimination Act in Employment This act prohibits discrimination against applicants and employees 40 years of age or older throughout the employment process This act only apply to businesses employing 20 or more employees
• Family and Medical Leave Act This act provides eligible employees with unpaid, job-protected leave for certain family or medical conditions, such as: The birth or adoption of a child The employee is diagnosed with a serious health condition The employee needs to care for a close relative with a serious health condition
• Title VII of the Civil Rights Act of 1964 This act prohibits employment agencies, employers, and unions from discrimination against applicants and employees on the basis of race, color, religion, national origin or sex Discrimination is prohibited throughout the employment process including hiring, compensation, promotion, training, and termination
• The Civil Rights Act of 1991 The purpose of this act was to strengthen civil rights law, in particular disparate impact Disparate impact Occurs when an employer creates a seeming fair employment practice that has a negative impact on members of a protected class Under this act, employers must prove that their practices are based on job qualifications
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O’Connor, Parsons, Lane & Noble has the honor of being listed as a Best Law Firm in the United States by US News & World Report. That includes our individual attorneys who are recognized as Best Lawyers in America or as Super Lawyers or both, accomplishments about which we are very proud. Every partner on our team has successfully obtained multi-million dollar verdicts and settlements on behalf of plaintiffs in their respective areas of medical malpractice, personal injury and employment law. Our legal team is comprised of some of the best lawyers in New Jersey. As thought leaders and problem solvers, our work is informed by fairness, humanity and justice. Are we passionate about fighting for our clients? Count on it.

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• Moscow Oblast

Elektrostal

Elektrostal Localisation : Country Russia , Oblast Moscow Oblast . Available Information : Geographical coordinates , Population, Area, Altitude, Weather and Hotel . Nearby cities and villages : Noginsk , Pavlovsky Posad and Staraya Kupavna .

Information

Find all the information of Elektrostal or click on the section of your choice in the left menu.

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Elektrostal Demography

Information on the people and the population of Elektrostal.

Elektrostal Geography

Geographic Information regarding City of Elektrostal .

Elektrostal Distance

Distance (in kilometers) between Elektrostal and the biggest cities of Russia.

Elektrostal Map

Locate simply the city of Elektrostal through the card, map and satellite image of the city.

Elektrostal Nearby cities and villages

Elektrostal weather.

Weather forecast for the next coming days and current time of Elektrostal.

Elektrostal Sunrise and sunset

Find below the times of sunrise and sunset calculated 7 days to Elektrostal.

Elektrostal Hotel

Our team has selected for you a list of hotel in Elektrostal classified by value for money. Book your hotel room at the best price.

Elektrostal Nearby

Below is a list of activities and point of interest in Elektrostal and its surroundings.

Elektrostal Page

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• Distance /Russian-Federation--Moscow-Oblast--Elektrostal#dist1
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• Nearby cities and villages /Russian-Federation--Moscow-Oblast--Elektrostal#dist2
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Current time by city

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Current time by country

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Coordinates

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Geographic coordinates of Elektrostal, Moscow Oblast, Russia

City coordinates

Coordinates of Elektrostal in decimal degrees

Coordinates of elektrostal in degrees and decimal minutes, utm coordinates of elektrostal, geographic coordinate systems.

WGS 84 coordinate reference system is the latest revision of the World Geodetic System, which is used in mapping and navigation, including GPS satellite navigation system (the Global Positioning System).

Geographic coordinates (latitude and longitude) define a position on the Earth’s surface. Coordinates are angular units. The canonical form of latitude and longitude representation uses degrees (°), minutes (′), and seconds (″). GPS systems widely use coordinates in degrees and decimal minutes, or in decimal degrees.

Latitude varies from −90° to 90°. The latitude of the Equator is 0°; the latitude of the South Pole is −90°; the latitude of the North Pole is 90°. Positive latitude values correspond to the geographic locations north of the Equator (abbrev. N). Negative latitude values correspond to the geographic locations south of the Equator (abbrev. S).

Longitude is counted from the prime meridian ( IERS Reference Meridian for WGS 84) and varies from −180° to 180°. Positive longitude values correspond to the geographic locations east of the prime meridian (abbrev. E). Negative longitude values correspond to the geographic locations west of the prime meridian (abbrev. W).

UTM or Universal Transverse Mercator coordinate system divides the Earth’s surface into 60 longitudinal zones. The coordinates of a location within each zone are defined as a planar coordinate pair related to the intersection of the equator and the zone’s central meridian, and measured in meters.

Elevation above sea level is a measure of a geographic location’s height. We are using the global digital elevation model GTOPO30 .

Elektrostal , Moscow Oblast, Russia