When it comes to any legal proceedings, finding a lawyer able to help your case is the best option for a favorable outcome. Between their legal knowledge and expertise in their field, finding a lawyer is the first step you should take when faced with legal action. This is especially true when it comes to employment law, which is notorious for how often it can change. A reliable employment lawyer is a crucial asset for your company when facing any new developments in employment laws that affect your business.
What Is Employment Law?
The relationships between employer and employee are covered by employment law, particularly regarding pay rates, workplace safety, discrimination, and wrongful termination. For instance, if a worker accuses your business of directly causing the harassment they encounter at work, this situation would be addressed under employment law, where the accusations are either accepted or rejected based on the relevant facts of the case. When it comes to legal representation, employment law firms typically serve either businesses or employees, but rarely both, establishing a strong and reliable reputation with either group.
What Is the Difference Between Employment Law and Labor Law?
Although both employment law and labor law are sections of the law that strive to safeguard employees’ rights, their main areas of focus differ in the specific clients they serve. A staff team that consists of more than one worker is more likely to be represented by a labor lawyer, whereas an employment lawyer’s primary focus is on a single employee or business. One of the biggest practice areas for employment lawyers comes from wrongful termination cases, or cases where an employee feels like they have been discriminated against at work. For example, if a worker is fired unfairly after telling her boss she’s pregnant, the situation would fall under employment law, and she might hire an employment attorney to represent her in court because the client would be an individual worker.
Different Agencies and Laws Involved in Employment Law Regulations
When it comes to state and federal employment law regulations, having a basic knowledge of the different organizations that comprise these regulations is essential for running your business. An employment lawyer will have an in-depth knowledge of all related organizations and legislation that dictate employer-employee relationships and business standards, including:
- OSHA: The Occupational Safety and Health Administration, otherwise known as OSHA, is a national organization aimed at creating safety standards for all work environments. OSHA helps enforce standards that are legally required by the Occupational Safety and Health Act of 1970.
- FLSA: The Fair Labor Standards Act (FLSA) was passed in 1938 and helped create regulations regarding minimum wage, time and a half, and overtime protections. These regulations are crucial to uphold to avoid any pay-related disputes from employees.
- FMLA: The Family and Medical Leave Act, passed in 1993, is a federal employment law that requires companies to provide unpaid leave for qualifying employees. This leave time can include maternity leave, medical emergencies, or adjustment periods to new living situations like elder care.
- DFEH: The California Department of Fair Employment and Housing is a statewide organization that helps protect residents from various types of discrimination, including workplace discrimination. As the largest state-specific civil rights department in the country, the DFEH provides workers with resources on how to report employment discrimination.
- EEOC: The Equal Employment Opportunity Commission (EEOC), ratified along with the Civil Rights Act of 1964, was put into place to prevent employers from discriminating against employees, either during or after the hiring process.
Overall, the network of agencies and legislation created to protect workers’ rights is considerably large. Understanding employment laws is a crucial part of owning a business. However, to make sure your practices are following the law, recruiting the help of a seasoned employment lawyer can ensure that your business can avoid any claims of unfair treatment from employees.
Frequently Asked Questions about Employment Law
Q: How Do You Deal With Unfair Treatment at Work?
A: As an employer, providing your employees with a fair, safe working environment is of the utmost importance. If an employee attempts to contact you about harassment in the workplace, dealing with the issue internally is necessary before reaching out to outside services. If the situation escalates and legal intervention is needed, contacting an employment lawyer should be your next plan of action.
Q: What Are Good Reasons to Sue Your Employer?
A: One of the most common reasons that employees feel the need to sue their employer is based on perceived discrimination in the workplace. For example, suppose an employee feels like their age or gender is preventing them from getting a promotion or accolades in the workplace. In that case, they could choose to sue and claim that their employer is discriminating against them.
Q: What Constitutes Wrongful Termination?
A: Wrongful termination is any company separation that was not justified, often in situations of retaliation. California is an at-will state, meaning that the employer or employee may end their employment without any particular reason. However, these laws do not protect employers against acts of retaliation, which, if proven, can complicate the process of separating an employee from your business.
Q: What Are the Benefits of Hiring an Employment Lawyer?
A: Not only are employment lawyers experts in their field, but they can also provide the most up-to-date information on the ever-changing field of employment law. Having an employment lawyer on retainer for any instances of disputes between you and your employees is the best way to protect your interests as a business while settling any issues with your workers fairly and effectively.
Finding an Employment Lawyer
As an employer, making sure that you have reliable legal representation when facing any legal action from an employee is imperative to having a positive outcome for all parties. Employment lawyers are focused on the field of employment law and can help protect your interests as a business owner while helping limit any negative repercussions from these cases. At Fishman Larsen Callister, we are focused on helping you maintain your business and can help provide the clarity you need in any employment law matter. For a complete list of our practice areas, visit our website or contact us today.