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October 20, 2018

“What Is Employment Law?” ​Becoming an Employment Lawyer,​

legalcareerpath.com/what-is-employment-law/.

Research Assessment #6

Throughout this article, I not only learned about the components of employment law and

the importance of employment lawyers within a business, but I also learned how other types of

law can combine with employment law. In my previous research assessment, I learned that

contract law is known by almost every business lawyer because negotiations are made constantly

throughout business. This statement was revisited within this article because a vast majority of

employment lawyers are required to draft contracts between the employee and the employer to

prevent future conflict.

I did research about the Equal Employment Opportunity Act before completing this

research assessment, and some components of the Act were included in this article, such as the

Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. It was

interesting to read about these laws because I was able to reflect on how far America has come

within the past few decades. Now, there are laws to prevent discrimination against any human

characteristic that cannot be controlled such as age, race, and gender even though this equality

was not always granted; however, it is amazing that there are professions created to ensure that

this equal treatment is always maintained.

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There were some facts that I was familiar with such as the federal minimum wage rate

and the employee’s right to unpaid leave. But, I did not know that a employee could be excused

for up to 12 weeks for personal or family health issues. Although most people do not take this

long leave of absence because they need a steady income, it was beneficial to know what my

rights will be as an individual entering into the future workforce.

Through this research, I was able to reflect on the jobs that I do not want to pursue, as

well as the jobs that interest me. For instance, I did not know that tips were considered a part of

the minimum wage of waiters and waitresses. This knowledge not only made me want to leave

more tips when I go out to eat, but I also recognized that I do not want to work at a restaurant for

a part time job in the future. There were aspects of this article that also made me consider the

benefits of working as an employment lawyer in the government. I have always known that

government jobs were incredible with great benefits, but I never knew that there were

employment lawyers within each department to maintain order and help create employment laws

to present to the President and his advisers. I think that this job would be one to consider because

it is a profession that combines politics and law.

Overall, this article gave me insight into what employment lawyers are required to do and

my rights as a working individual. Since my mentor is a employment lawyer, I hope that this

research will give me enough familiarity with her profession that I can have an effective

mentorship over the next few months.

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What Is Employment Law?

Employment law is the collection of laws and rules that regulate relationships between

employers and employees.​ Employment laws say when an employer can hire employees and

when the employees can work. ​The laws cover what an employer must pay the employee for

their work. They create minimum requirements for working conditions for employees.

Following employment law

When an employer wants to hire someone, there’s a lot they have to know. There are ​minimum

wage ​laws that require the employer to pay a certain amount. There are laws that ​prohibit the

employer from discriminating ​against applicants or employees based on certain characteristics.

Employers must provide a safe working environment. In some cases, they must ​provide health

insurance options.​ Employers must collect and ​submit payroll taxes​ on behalf of the employee.
Employers often don’t even know what they don’t know. With so many regulations to comply

with, employers are often overwhelmed. U.S. labor laws have developed throughout American

history. They’re not all in one place. Employers turn to lawyers to help them follow the law.

At the same time, employees want labor laws enforced. They may need help from an

employment lawyer to understand what the laws are and whether their employer has violated the

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law. ​They might turn to an employment lawyer to help them enforce the law when their

employer hasn’t followed it.

Major employment laws in the United States

Some of the most notable employment law in the United States includes the following:

Minimum wage laws

The​ ​Fair Labor Standards Act​ of 1938 sets a federal minimum wage​. Many states also have

minimum wage laws. States can’t make a lower minimum wage, but they can make the

minimum wage higher than federal law requires. Different types of employees might have

special considerations. For example, employers who have employees that earn tips may be able

to rely on tips to make up some of the employee’s minimum pay.

Overtime pay
Employees have the right to overtime pay. The Fair Labor Standards Act says that an employer

must pay time and half for any hours that an hourly employee works over 40 hours per week.

While there’s no maximum number of hours that an employee can work in a week, the employer

must pay overtime for each hour that an employee works over 40 hours in a week. There’s no

right to overtime for working on a Saturday or Sunday if the employee’s total hours stay under

40. There’s also ​no limit to the number of days that an employee can work in a week.

Family and medical leave

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The United States has no requirement for paid medical leave. However, the​ ​Family and Medical

Leave Act of 1963​ says that large employers must offer up to 12 weeks of unpaid family leave.

An employee can use family leave after the birth of a child or after an adoption. They can use it

for their own health problem or to care for a spouse, child or parent who has a serious health

condition.

Collective bargaining

Employees have a right to organize collective bargaining with an employer. The Clayton Act of

1914, the​ ​National Labor Relations Act​ of 1935 and the​ ​Labor Management Reporting and

Disclosure Act​ of 1959 all regulate collective bargaining. If more than 50 percent of a workforce

wants to organize, a company must negotiate in good faith.

Safe working conditions

Employees have a right to safe working conditions.​ The​ ​Occupational Safety and Health Act of

1970​ (OSHA) protects employees from foreseeable hazards at work including chemicals,

extreme temperatures, noise, sanitation problems and conditions that are likely to cause injuries.

Employers can’t retaliate against an employee for exercising their rights under OSHA.

Employers can’t discriminate based on protected characteristics

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Employers must be careful to avoid discrimination against employees. They may not

discriminate on the basis of race, color, religion, sex or national origin. The Civil Rights Act of

1964 prevents an employer from discriminating based on these qualifications in both the hiring

process and when making a decision about a dismissal. There are some exceptions that

employment lawyers should be aware of. For example, casting directors are​ ​able to make

decisions​ that are consistent with their creative vision.

Employers also can’t discriminate on the basis of age. The​ ​Age Discrimination in Employment

Act of 1967​ says that employers can’t discriminate against older employees when it’s time to

decide promotions, compensation and termination of employment. Similarly, employers​ ​can’t

discriminate against people with disabilities​. The employee must be able to fulfill the essential

duties of the job, but they can have reasonable accommodations.

Civil rights considerations

Employees have First Amendment rights. However, employers have a right to go about their

business without interference from employees. For example, in​ ​Pickering v Board of Education

(1968), a school wrongfully terminated a teacher for criticizing the school board. However, in

Connick v. Myers​ (1983), the court said that it was okay to fire a disgruntled employee for

circulating a questionnaire on management practices.

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Civil rights also protect an employee’s right to privacy. Employees have a right to privacy in

their own handbags and even in private telephone conversations. However, there’s​ ​no right to

privacy​ on employer-owned electronic devices.

Who practices employment law?

Employers, employees and the government all need employment lawyers. Employment lawyers

work as in-house counsel, in private law firms, and for the government. Employers rely on

employment attorneys to help them comply with the myriad of laws that they must follow in

order to lawfully form and terminate employment relationships. Relying on employment lawyers

can help employers save time and money as well as make sure that they treat their employers

fairly under the law.​ In-house attorneys​ ​might practice employment law as part of a wider

practice that meets their company’s range of legal needs.

Employees rely on employment lawyers to help them when employers don’t comply with the

law. For example, when an employee needs to enforce mandatory overtime pay or bring a claim

for age discrimination, they may turn to an employment lawyer. Unions rely on employment

lawyers in collective bargaining negotiations.

Both employers and employees might rely on an employment lawyer to draft and negotiate a

contract of employment. Each side might have their own attorney to represent them and

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negotiate in their interest. Employment lawyers can also work as contract lawyers to the extent

that they help employers and employees negotiate contracts.

Employment lawyers also work for the government. They might work for one of the government

agencies that drafts and recommends employment laws to the President and to Congress. These

agencies analyze employment data and even enforce employment laws. ​If you work for the

government, you might work in drafting, you might bring violations on behalf of the government

or you might serve as an administrative hearing officer.

Because of the many regulations involved in employment law, most lawyers who specialize in

this area make it a large share of their practice or their only area of practice. Most employment

lawyers aren’t solo practitioners. Employment lawyers tend to gravitate towards medium-sized

and large cities. Employers might use in-house attorneys or private practice attorneys to meet
their needs. Employees usually look for private practice attorneys when they need an

employment lawyer.

Why Become an Employment Lawyer?

For attorneys who enjoy regulation and compliance, employment law is a good choice.

Employment lawyers​ don’t often see a courtroom. ​While employment disputes can go to trial,

the vast majority of an employment lawyer’s duties involve advising employers in best practices

and negotiating contracts. Employment lawyers might occasionally work to resolve employment

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disputes or negotiate bargaining agreements. Contested hearings are possible, but they’re

typically an infrequent part of an employment lawyer’s duties.

Employment lawyers often set up stable, long-term practices. They might represent a single

client for many years. They might practice employment law as they rise through the ranks of a

company or a large law firm. Employment laws change over time. That means companies have

ongoing legal needs. It also means that employees may have new disputes. Employment lawyers

can rest assured that they will have work to do both today and in the future.

Following the law in the workplace

Companies of all sizes must follow employment law. They depend on employment lawyers to

tell them what they need to do in order to comply with the law. In addition, employment lawyers

assist clients with pursuing enforcement or a remedy when there’s a violation of the law.