Human Resources Law
Human Resources (HR) Law is related to Labor and Employment law and encompasses the various laws and regulations specific to HR professionals. It deals with the issues that HR professionals must contend with in the majority of their work functions, predominantly in overseeing and managing duties related to hiring, firing, employee benefits, wages, paychecks, and overtime. It may also pertain to workplace safety, privacy; and preventing discrimination and harassment.
Local, state, and federal employment laws all play a role in human resources, and HR professionals must be familiar with a wide array of different statutory and regulatory authorities in order to effectively and lawfully deal with company personnel. Common matters of concern to HR managers include employee handbooks/manuals, establishing policies and procedures, affirmative action programs and policies, government contract and wage laws, human resources compliance audits, non-competition and confidentiality agreements, plant closing laws, substance abuse and drug testing laws, and unemployment compensation.
For more information about HR Law, please review the materials below. Additionally, should you require legal assistance with your HR questions, you may find an attorney in your area by referring to the Law Firms page of our website
Human Resources Law - US
- ABA - Section of Labor and Employment Law
The Section of Labor and Employment Law is your link to information that matters to you. Our 22,000+ members represent all perspectives of labor and employment law: employer, union, employee, public, and neutral. All are committed to a balanced discussion of employment issues in the United States and abroad.
- Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act is a federal statute of the United States. It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. The FLSA established a national minimum wage, guaranteed 'time-and-a-half' for overtime in certain jobs, and prohibited most employment of minors in "oppressive child labor," a term that is defined in the statute
- Human Resources - Definition
Human resources is a term used to describe the individuals who comprise the workforce of an organization, although it is also applied in labor economics to, for example, business sectors or even whole nations. Human resources is also the name of the function within an organization charged with the overall responsibility for implementing strategies and policies relating to the management of individuals (i.e. the human resources). This function title is often abbreviated to the initials 'HR'.
- Labor Management Relations Act
The National Labor Relations Act (NLRA) is sometimes called the Wagner Act, after its principal sponsor, Senator Robert Wagner of New York. The NLRA was amended in 1947 by the Taft-Hartley Act. The NLRA as amended is known as the Labor Management Relations Act (LMRA). In the United States Code, the Act begins at 29 U.S.C. §141.
- United States Department of Labor
Our Mission: To foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.
Organizations Related to Human Resources Law
- EEO Compliance and Operations Divisions (EEOCO)
The goal of the EEO Compliance and Operations Division (EEOCO) is to ensure every HHS employee/applicant for employment has equal access to EEO services, timely resolution of their complaint and equitable remedy. EEOCO consists of two components: 1) EEO Compliance Team and 2) EEO Operations Team.
- HHS - Office of Human Resources (OHR)
The Office of Human Resources (OHR) provides leadership to the development and assessment of the Department's human resources program and policies. In coordination with the Operating Divisions (OPDIVs), OHR designs human resource programs that support and enhance the HHS mission. It provides technical assistance to the OPDIVs in building the capacity to evaluate the effectiveness of their human resource programs and policies.
- HR Policy Association
HR Policy Association is the lead public policy organization of chief human resource officers from large employers. The Association consists of over 300 of the largest corporations doing business in the United States and globally. These major employers are represented in the organization by their most senior human resource executive. Collectively, their companies employ more than 18 million employees worldwide and have a combined market capitalization of more than $7.5 trillion. These senior corporate officers participate in the Association because of their passionate interest in the direction of human resource policy.
- Industrial Workers of the World
Workers and their employers do not have the same interests. Workers want shorter hours, higher pay, and better benefits. The easiest way to stand up for each other in our workplaces and communities and the easiest way to improve our working conditions is to join a union.
- Institute for Research on Labor and Employment
The Institute for Research on Labor and Employment (formerly the Institute of Industrial Relations) has fully renovated its Library. The new Library Commons mirrors the “homey” feel of IRLE's historic landmark building, while advancing a new array of digital and traditional library services.
- National Human Resources Association (NHRA)
Established in 1951, the National Human Resources Association (NHRA) is focused on advancing the development and leadership of human resource professionals. Through professional programs and services offered across the country, we strive to support human resource professionals throughout their career life cycle - from intern to executive - as Human Resources leads the way for change in today's businesses
- Society for Human Resource Management (SHRM)
The Society for Human Resource Management (SHRM) is the world’s largest association devoted to human resource management. Representing more than 250,000 members in over 140 countries, the Society serves the needs of HR professionals and advances the interests of the HR profession. Founded in 1948, SHRM has more than 575 affiliated chapters within the United States and subsidiary offices in China and India.
Publications Related to Human Resources Law
- Human Resource Management Guide (HRM)
Managing people, human capital and culture - Human Resource Management (HRM) is critical for business success. HRM Guide publishes articles and news releases about HR surveys, employment law, human resource research, HR books and careers that bridge the gap between theory and practice.
- Human Resources, Training, and Labor Relations Managers and Specialists
Every organization wants to attract, motivate, and retain the most qualified employees and match them to jobs for which they are best suited. Human resources, training, and labor relations managers and specialists provide this connection. In the past, these workers performed the administrative function of an organization, such as handling employee benefits questions or recruiting, interviewing, and hiring new staff in accordance with policies established by top management. Today's human resources workers manage these tasks, but, increasingly, they consult with top executives regarding strategic planning. They have moved from behind-the-scenes staff work to leading the company in suggesting and changing policies.
Articles on HG.org Related to Human Resources Law
- Over the Next Three to Six Years, New York Increases the Minimum Wage to $15.00 Per HourNew York recently enacted a law which, by 2018, raises New York's hourly minimum wage from $9.00 to $15.00.
- Unpaid Leave and the Americans with Disabilities ActThe Americans with Disabilities Act requires employers to treat an employee's request for leave due to a medical condition as a request for a reasonable accommodation. The employer's obligation is engage the employee in an " interactive process." An employer might be required to provide an employee with a leave as a reasonable accommodation even if the employer does not customarily offer leave as a benefit.
- The Right Way to Discipline or Dismiss EmployeesIf you’re a boss, then you know that having to discipline or dismiss employees are two of the most dreaded and stressful responsibilities of your job.
- Mayor de Blasio Signs New Laws Enhancing The New York City Human Rights LawNew York City recently enacted new laws strengthening the New York City Human Rights Law.
- Worker Fired for Not Recovering Fast Enough after SurgeryCompany sued for violating Americans with Disabilities Act.
- Contempt of Court: A Valuable Tool in Judgment EnforcementOnce you have won a case against a debtor, you are left with a judgment enforcement scenario- where you will need to somehow collect the judgment that you have hard-won in litigation. When the court orders a monetary award, the debtor must pay the amount of the judgment. However “must pay the judgment” is a matter of opinion - because failure of the debtor to do so will only result in the debtors assets being levied, wages being garnished, etc.
- FLSA: Bonuses and Calculating Overtime PayThere are many nuances in the FLSA on which many employers are not well versed, violations of which can lead to very significant penalties. This articles speaks specifically to the FLSA: Bonuses and Calculating Overtime Pay to help employers avoid such penalties.
- Restrictive Covenants: Necessary for Employers? Fair to Employees?Confidentiality Agreements, Non-Competes and Non-Solicitation Agreements are often referred to as "Restrictive Covenants." When should they be used? Why are they used?
- Can a Company Retaliate Against an Employee for Associating with an Employee who Complained?Can companies be held liable for retaliating against an individual who has a close relationship with a fellow employee who has engaged in obvious protected activity, but may not have engaged in protected activity herself? The short answer is, it depends on under what law the retaliation took place and how the phrase "close relationship" is defined.
- New Law Offers Piece Rate Employers a Possible "Get Out of Jail Free" CardIf you are a piece rate employer you may know about two recent cases: Gonzales v. Downtown LA Motors, 215 Cal.App.4th 36 (2013) and Bluford v. Safeway, Inc., 216 Cal.App.4th 864 (2013). In those cases California appellate courts made two crucial holdings regarding piece rate payment systems.
- All Employment Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Employment and Labor including: discrimination, employee benefits, employees rights, ERISA, human resources law, labor relations, outsourcing, sexual harassment, whistleblower, workers compensation and wrongful termination.