Employee Rights
Employee Rights Law encompasses the various rights that have arisen over time which employees are legally entitled to in the workplace, such as: limits on drug testing; freedom from discrimination when an employee is part of a protected class; rights related to wage and hour law; the rights of workers to return to their former jobs after serving in the military; taking unpaid leave for births or adoptions, or serious health conditions the employee or his/her immediate family member is dealing with; the right to unionize; freedom from disciplinary action or termination for serving on a jury; right of advance notice of plant closings or mass layoffs; health and safety rights in the workplace; rights of disabled workers; privacy in the workplace; workers' compensation; unemployment benefits; and much more. This very broad legal area falls primarily under the large practice area of employment law.
These employee rights have been addressed on the federal and state levels and by various regulatory bodies, as well as via employee handbooks/manuals and collective bargaining agreements. Not all employees have the same rights. For example, private employees don't have all the same constitutional rights that public employees, who work for the government, do. There are many regulatory bodies that administer and oversee employee rights laws.
Human resources law deals with many employee rights which are inherent in the hiring, firing, disciplining and training process for company personnel.
Know Your Rights!
- Laws Guiding Suspensions and Demotions
Companies often use suspensions and demotions as a disciplinary measure. These measures are often used for employee misconduct such as theft, company policy violations, or unsafe work behavior. However, a wrongful demotion or suspension may occur, and it is important to know what to do in these situations.
- Legal Considerations Regarding Wages and Overtime Pay
Rules and regulation regarding workers' pay, overtime, and benefits change often and can vary depending on which state the company is located in. It is important for both employers and employees to understand the regulations regarding salary and wages.