W1: Intro to Employment Law & Employment Relationship Flashcards
Employment Law
establishes the rules and legal precepts of the relationship between employers and employees.
Why have employment laws been implemented?
To protect and define rights for employees while governing what employers can do and expect from employees.
What are the 5 sources of law?
Constitutions, Statutes, Executive Orders, Regulations & Guidelines, & Common Law.
Contractual Employment
Promises employment for specified period of time
Employment At Will
Employment can be severed at any time for any reason not specifically prohibited by law
Primary Factors used when Determining Law Application
- Public or Private Sector employment
- Unionized or Nonunion Workplace
- Employer size
- Geographic Location
- Government Contracts
- Industry and Occupation
General Rule when enforcing laws
Courts and government agencies rely on employees to come forward with complaints before enforcement actions are taken.
-limitations periods with specific law
-can be filed against employees with some exceptions
-suits can be individual or class-action
-some charges must be filed through an administrative agency first
What role do managers play?
a central role in legal compliance and must have a solid grasp of the law
What knowledge do HR Managers need to know?
need to know employment law in order to develop and institute policies that prevent violations, recognize & target situations that raise legal concerns and know when to seek legal advice.
Substantive Rights Under Employment Laws
Non-Discrimination & Equal Employment, Freedom to Engage in Concerted Activity & Collective Bargaining, Terms & Conditions of Employment that Meet Minimum Standards, Protection of Fundamental Rights, Compensation for Certain Types of Harm
How can HR create a complaint work environment?
Communication! Policies, trainings, workshops, mentoring, coaching, addressing complaints ASAP, accessible employee handbook.
keeping all of these updated
