9.1 Employment, Worker Protection, and Immigration Law
3 min read•june 24, 2024
The and are crucial pillars of worker protection in the US. These laws set standards for wages, overtime, , and , ensuring basic rights for employees across various industries.
Worker safety, compensation, and termination regulations further safeguard employees' interests. From OSHA standards to unemployment benefits and coverage, these laws provide a safety net for workers facing job loss, injury, or other challenging circumstances.
Employment and Worker Protection Laws
Key provisions of Fair Labor Standards Act
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- Establishes currently set at $7.25 per hour federally, though states may set higher rates
- Requires at 1.5 times regular rate for working over 40 hours in a workweek (retail workers, manual laborers)
- Sets child labor restrictions with minimum age of 14 for most non-agricultural work (paper routes, babysitting)
- Limits hours and types of work for minors under 16 (no more than 3 hours on school days)
- Prohibits hazardous occupations for minors under 18 (mining, manufacturing)
- Applies to employers engaged in or with annual sales of $500,000 or more
- Exempts certain employees from minimum wage and overtime requirements (executive, administrative, professional employees)
- Provides framework for between employers and
Rights under Family and Medical Leave Act
- Entitles eligible employees to 12 weeks of unpaid, job-protected leave annually for:
- Birth, adoption, or foster care placement of a child
- Serious health condition of employee or immediate family member (cancer, surgery recovery)
- Military exigency leave (short-notice deployment, military events)
- Requires employees to have worked for employer at least 12 months and 1,250 hours in previous 12 months
- Applies to employers with 50 or more employees within a 75-mile radius
- Protects against based on use of FMLA leave
Regulations for employment termination
- COBRA () requires employers with 20 or more employees to offer continuation of to qualified beneficiaries
- Includes employees, spouses, and dependent children
- Triggered by qualifying events like termination, reduction in hours, divorce, or death of covered employee (layoffs, resignations)
- Coverage offered for 18-36 months depending on qualifying event at up to 102% of plan cost
- () sets minimum standards for private industry retirement and health plans
- Mandates providing participants with plan information on features and funding (vesting schedules, benefit formulas)
- Establishes responsibilities for plan managers and controllers
- Grants participants right to sue for benefits and fiduciary duty breaches
- provides temporary financial assistance to eligible unemployed workers through joint federal-state program
- Eligibility and benefit amounts vary by state based on work and wage requirements ( earnings)
- Requires active job seeking to qualify and is funded by employer taxes
- doctrine allows either employer or employee to terminate the relationship at any time without cause, unless limited by contract or law
Worker Safety and Compensation
- and Health Act (OSHA) sets and enforces standards for workplace safety and health
- programs provide benefits to employees who suffer work-related injuries or illnesses
- Immigration laws regulate employment of foreign workers through various
Key Terms to Review (24)
At-will employment: At-will employment is a legal doctrine that allows an employer to terminate an employee at any time without cause, as long as the reason is not illegal. This flexibility benefits employers but can leave employees vulnerable, as they may be dismissed for reasons unrelated to job performance. The concept intersects with various laws concerning worker protection, providing a framework within which rights and obligations are defined between employees and employers.
Base Period: The base period refers to the timeframe used to establish an individual's eligibility for certain employment-related benefits and protections, such as unemployment insurance, family and medical leave, and worker's compensation. This term is particularly relevant in the context of employment, worker protection, and immigration law.
Child labor: Child labor refers to the employment of children in work that deprives them of their childhood, potential, and dignity, and that is harmful to their physical and mental development. This practice often occurs in various sectors, including agriculture, manufacturing, and mining, and it raises significant concerns related to ethical standards, legal regulations, and worker protection.
COBRA: COBRA, or the Consolidated Omnibus Budget Reconciliation Act, is a federal law that requires group health plans to provide temporary continuation of health coverage to employees and their families after certain qualifying events, such as job loss, reduction in hours, or divorce.
Collective Bargaining: Collective bargaining is the process by which workers, through their unions, negotiate contracts with employers to determine the terms of employment, such as wages, benefits, hours, and working conditions. It is a fundamental right for workers and a key component of labor law and employment relations.
Consolidated Omnibus Budget Reconciliation Act: The Consolidated Omnibus Budget Reconciliation Act (COBRA) is a federal law that requires employers to offer continued health insurance coverage to employees and their dependents who would otherwise lose their group health insurance benefits due to certain qualifying events, such as job loss, reduction in hours, or life changes.
Employee Retirement Income Security Act: The Employee Retirement Income Security Act (ERISA) is a federal law that sets minimum standards for pension and health plans in private industry. It protects individuals in these plans by providing guidelines and requirements for plan administration and management.
ERISA: ERISA, or the Employee Retirement Income Security Act, is a federal law that establishes minimum standards for pension and health plans in private industry. It aims to protect individuals in these plans by setting rules for plan funding, vesting, and administration.
Exempt employees: Exempt employees are workers who are exempt from certain provisions of labor laws, particularly those related to overtime pay under the Fair Labor Standards Act (FLSA). These employees typically receive a salary rather than hourly wages and are expected to perform specific job duties that place them in a professional or managerial category, allowing employers not to pay them overtime for hours worked beyond the standard 40-hour workweek.
Fair Labor Standards Act: The Fair Labor Standards Act (FLSA) is a federal law established in 1938 that sets standards for minimum wage, overtime pay, recordkeeping, and youth employment in the United States. It aims to protect workers from unfair labor practices and ensure that they receive fair compensation for their work, aligning closely with worker protection and labor regulations.
Family and Medical Leave Act: The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with job-protected, unpaid leave for certain family and medical reasons. It aims to help workers balance their work and family responsibilities by allowing them to take time off without fear of losing their jobs.
Fiduciary: A fiduciary is an individual or entity that has the legal and ethical obligation to act in the best interest of another party. This relationship is built on trust, requiring the fiduciary to prioritize the interests of their client or beneficiary above their own. In the context of employment and worker protection, fiduciaries can include employers, agents, and financial advisors who are responsible for safeguarding the rights and well-being of their employees or clients.
Group Health Coverage: Group health coverage refers to a health insurance plan that is offered to a group of people, typically through an employer, organization, or association. It provides comprehensive medical benefits to the members of the group, often at a lower cost compared to individual health insurance plans.
Interstate Commerce: Interstate commerce refers to the trade, movement, and transactions of goods, services, and people across state lines or national borders. It is a key concept in the context of the Commerce Clause, employment and worker protection laws, as well as the jurisdiction and authority of the Federal Trade Commission.
Job-Protected Leave: Job-protected leave refers to the legal right of an employee to take time off from work for certain personal or family reasons without fear of losing their job. It ensures that an employee's position is held for them during their absence, providing job security and the ability to return to their previous role.
Labor Unions: Labor unions are organizations of workers that advocate for improved working conditions, better wages, and greater rights in the workplace. They play a crucial role in the context of employment, worker protection, and labor law by representing the collective interests of employees and negotiating with employers on their behalf.
Minimum Wage: Minimum wage is the lowest hourly rate that employers are legally required to pay their workers. It is a key policy tool used to protect workers and ensure a basic standard of living, with implications for employment, worker protection, and immigration law.
Non-exempt employees: Non-exempt employees are workers who are entitled to receive overtime pay and are generally paid on an hourly basis. Unlike exempt employees, non-exempt employees are covered by the Fair Labor Standards Act (FLSA), which mandates that they receive compensation for hours worked beyond the standard 40 hours per week. This classification has significant implications for worker protection, as it ensures that these employees are compensated fairly for their labor, particularly in industries with varying hours and workloads.
Occupational Safety: Occupational safety refers to the set of practices, policies, and regulations aimed at protecting the health, safety, and well-being of employees in the workplace. It encompasses measures to prevent work-related injuries, illnesses, and fatalities, ensuring a safe and secure work environment for all.
Overtime pay: Overtime pay is the additional compensation that employees receive for working more than their standard working hours, typically defined as over 40 hours in a workweek. It serves as a financial incentive for employers to limit excessive work hours while also protecting workers from being overworked without fair compensation. This concept is crucial in discussions about worker rights, employment contracts, and labor laws that safeguard the interests of employees.
Unemployment Compensation: Unemployment compensation, also known as unemployment insurance, is a government-provided financial assistance program that provides temporary income to workers who have lost their jobs through no fault of their own. This program is designed to help individuals meet their basic needs and maintain financial stability during periods of unemployment, while also supporting the overall economy.
Visa categories: Visa categories refer to the classifications used by countries to categorize different types of visas based on the purpose of travel, such as work, study, tourism, or family reunification. These categories help define the rights and limitations associated with each visa type, which is crucial for understanding employment opportunities and immigration laws in various jurisdictions.
Workers' Compensation: Workers' compensation is a system of insurance that provides benefits to employees who suffer job-related injuries or illnesses. It is designed to protect both the employer and the employee by ensuring that injured workers receive medical care and lost wages while also limiting the employer's liability.
Workplace discrimination: Workplace discrimination occurs when an employee is treated unfairly or harassed in the workplace based on characteristics such as race, gender, age, disability, religion, or national origin. This form of discrimination undermines the principles of equality and fairness in employment, impacting not just individual workers but also workplace culture and productivity.