The Law on Employment Relationships
Introduction
The law on employment relationships in the United States is a complex, ever-evolving tapestry of federal, state, and local statutes and regulations. At its core, the body of laws governing employee-employer relations seeks to ensure a fair and equitable work environment, while balancing the competing interests between employers, who seek to maximize profits and minimize costs, and employees, who want to receive the compensation, benefits, and protections they deserve. While employment law touches on numerous areas, such as discrimination and harassment, labor relations, and wage and hour laws, this paper will provide an overview of two primary elements of the law: contracts and the employer-employee relationship.
Chapter 1: Employment Agreements
An employment agreement, or “contract of employment,” is a key element of the employer-employee relationship. When an individual is hired as an employee, they receive an offer of employment. Depending on the position, the offer of employment could include only an offer letter or could include an employment agreement setting forth the terms and conditions of their employment. The agreement can set guidelines for job performance, compensation, hours, benefits, and the like. The agreement can also outline expectations for behavior and the consequences for violations of acceptable behavior. Such agreements are legally binding and are enforceable in court.
Chapter 2: The Employer-Employee Relationship
The relationships between employers and employees are also governed by a variety of statutes and regulations. These laws serve to protect both employers and employees by ensuring that each is aware of their rights and duties and has recourse if the other violates the law or their agreement. Most of the laws governing the relationship between employers and employees relate to issues such as discrimination, harassment, wages, and hours. Additionally, the law established certain standards of “good faith” and “fair dealing” which the employer and the employee are expected to observe.
Discrimination in Employment. The law prohibits an employer from discriminating against an employee based on race, color, religion, sex, age, national origin, or disability. In addition, the law protects employees from discrimination or harassment on the basis of sexual orientation or gender identity in some jurisdictions. The law also prohibits retaliation against an employee for reporting any kind of discriminatory behavior.
Sexual Harassment in the Workplace. It is illegal for an employer to discriminate against an employee on the basis of sex, including making unwelcome sexual advances or requests for sexual favors. Such conduct is considered sexual harassment and is a form of gender discrimination that violates the law.
Wages and Hours. The law requires employers to pay employees the minimum wage established by federal, state, and local law, and may also require employers to pay overtime for hours worked beyond 40 in a week. The law also imposes restrictions on how employers can require or prohibit employees from working overtime.
Conclusion
The law surrounding employment relationships is a complex web of federal, state, and local laws, regulations, and policies. By understanding these laws, employers and employees can ensure that they are operating within the boundaries of the law and can create an environment of mutual respect and understanding. Additionally, when disputes arise, both employees and employers can turn to the law for resolution.
