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A glimpse at the Employment Law in the US
Posted: Sep 12, 2018
Almost all aspects of employment are covered by Employment Laws in the US. Employment law in the US primarily concerns the relationship of rights and duties between workers and employers. Whenever these laws are impinged upon, the aggrieved party has the right to go to court.
Employment law in the US is a very broad and huge body of laws. The US Congress enacted these laws from time to time with these intents:
- Ending discrimination in employment
- Fostering collective bargaining by workers
- Helping workers get unemployment compensation
- Building safety into the workplace
- Helping put pension plans in place
- Fixing numbers and making laws for worker pay
Nearly 200 employment laws in the US are governed by the Department of Labor (DoL). A look at some of the important ones among these:
The Fair Labor Standards Act (FLSA):A major employment law in the US; the FLSA sets minimum wages and overtime pay for people who work in both the private and public sector. It has rules on payment: a minimum of $ 7.25 per hour and overtime of one and a half times the fixed wage for those who work for more than 40 hours a week. This Act also prohibits the employment of persons below the age of 16 and puts restrictions on employing those below 18 in certain categories of employment. The Wage and Hour Division of the FLSA also has labor standards under the Immigration and Nationality Act (INA), which apply to aliens that are authorized to work in the U.S.
The Occupational Safety and Health (OSH) ActOSHA, a program concerning employment law in the US, is aimed at ensuring safety at the workplace. OSHA sets out a number of regulations and standards that employers in various industries have to implement in order to see to it that the workplace is free of hazards.
The Employee Retirement Income Security Act (ERISA)ERISA is directed towards employers that have welfare or pension benefit plans for their employees. ERISA, an employment law in the US that comes under the Employee Benefits Security Administration (EBSA), sets out a huge variety of reporting requirements relating to the disclosing, reporting and fiduciary aspects of employee benefits.
Family and Medical Leave Act (FMLA)Under the FMLA, employers for whom at least 50 employees work are required to grant eligible employees leave of up to 12 weeks to meet certain family situations or emergencies. These could be childbirth or serious illness of the employee, child, parent or spouse. Although this leave is unpaid, the FMLA protects employees from being fired for taking this benefit and thus qualifies as a major employment law in the US.
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