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What is Labor Law and How Can You Benefit?

— July 13, 2021

Breaking labor laws is not only illegal but also highly damaging to an employee’s mental state and general wellbeing.

Everyone deserves fair compensation. Today’s working environment is much healthier and well-regulated than it used to be dozens of years ago, but that doesn’t mean there is any shortage of inequity.

If you’ve been wronged with anything that falls within labor law that has negatively affected you, then it might be in your best interest to consider pushing for a labor law lawsuit. Ruining your life by being forced to financially compensate for damages done to you, whether physical, mental, or emotional, is not in the least acceptable.

What is Labor Law?

In simple terms, labor law is a set of laws and legislations that specify and dictate the responsibilities and rights of an employee. This covers both the responsibilities that the employer has towards said employee, as well as those of the employee themself. Labor law differs from state to state and country to country.

One of the areas in which the effects of labor law are most felt is that of hiring practices. The employer, for example, must act fairly when going through a hiring process, being forbidden from discriminating based on age, race, religion, or other factors.

Image credit Matthew Henry on Wunderstock (license).
Image credit Matthew Henry on Wunderstock (license).

Furthermore, employers are also not allowed to perform a background check without expl

icit written permission from applicants. Learning more about a particular candidate is expected, but it must be done with their consent.

Fair Labor Standards Act

Known as the FLSA, the Fair Labor Standards Act is a federal labor law that is the reason why all employees are entitled to minimum wage. The right of an employee to work for the full-time amount of 40 hours a week is also included within the law, and so is the employer’s obligation to pay at least 50% more for any overtime hour over that number.

Another very important set of rights worth mentioning is that of being entitled to a safe working environment. This includes anything from making sure it is properly cleaned, ventilated, and designed so as to propagate a healthy working lifestyle. An interesting condition to note is that the employee can even refuse to work if their workplace leaves them under threat of injury or affliction.

Family and Medical Leave Act

Taking leave from work is a highly important right, as there are many events that could make an employee unable to perform their professional best. This is covered by the Family and Medical Leave Act, which was enabled in 1993 with the intent of providing employees with job-protected albeit unpaid leave for a variety of reasons, mostly medical in nature.

Whistleblower Protection Act

Up until 1989, even though an employee could file a claim or a complaint against their employer, there was no law set in place to disallow said employer from retaliating unfairly. The Whistleblower Protection Act protects workers from discrimination and underhanded practices that might arise from filing such a claim.

How Can Labor Law Benefit Me?

If you feel (or know) that you have been treated unfairly by your employer and can trace their actions to those that have been legally forbidden by the multitude of enacted labor laws, then that could very well be grounds for a lawsuit.

The money you can recover from a lawsuit held against an employer is generally referred to as “damages.” While it is important to mention that not all successful lawsuits lead to this type of remuneration, it would nonetheless be wise to carefully consider whether or not this course of action would be advantageous to you.

Our suggestion for dealing with issues related to labor laws would be to contact a legal firm of good repute to advise you on the matter.

Hurt Now, Smile Later

Breaking labor laws is not only illegal but also highly damaging to an employee’s mental state and general wellbeing. If you have been the victim of unfair action from your employer, then you should consider reading up on labor laws and trying to find a legal team to help guide you through the process of gaining something in return.

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