The potential legal issues related to workers’ rights and fair employment practices are numerous. These issues include wage and hour violations, discrimination in the workplace, unfair dismissal, health and safety hazards, and entitlement to benefits (Taylor & Cattelino, 2018). All of these legal matters may be addressed through various laws at the state or federal level.
Wage and hour violations are some of the most common forms of legal action against employers. In the United States, employees must receive a minimum wage determined by federal law or their respective state’s laws if they exceed that amount (U.S Department of Labor Wage & Hour Division [DOL], 2019). Additionally, employers are required to pay overtime for hours worked over 40 per week unless certain exemptions apply (DOL, 2019). When an employer fails to meet its obligation in terms of wages or hours worked by an employee it can be found liable for back pay or damages. Under Title VII of The Civil Rights Act of 1964 employers cannot discriminate based on race, color sex , national origin , religion , age , disability or genetic information (Equal Employment Opportunity Commission [EEOC], 2020). Employers must also abide by state anti-discrimination laws which often provide additional protections such as prohibiting discrimination based on sexual orientation. Discrimination in hiring practices is another area where employers may face liability under applicable law because they cannot make decisions based on any protected characteristic listed above even when there is no explicit job requirement necessary for those characteristics (EEOC 2020).
Describe potential legal issues related to workers’ rights and fair employment practices.
Unfair dismissal is another form of legal action that may arise from wrongful termination due to illegal reasons such as ageism or religious affiliation (Moran et al., 2017). Employees have the right to bring claims against their employers not only for lost wages but also emotional distress resulting from wrongful termination without consideration given to “at-will” status . Employers who fail adhere safety standards set forth by OSHA can potentially face criminal charges due unsafe working conditions in addition civil penalties from OSHA itself(Occupational Safety & Health Administration [OSHA], 2020 ). Lastly entitlements to benefits including health insurance paid leave sick days vacation time etcetera all come with certain restrictions depending upon how many years an employee has been employed how much work was performed etcetera . Any discrepancies between what an employer agrees and provides could result a claim being brought against them .
In conclusion potential legal issues related workers’ rights and fair employment practices cover wide range topics from wages hours discriminatory practices hazardous environments entitlements benefits among other issue areas . Understanding these different topic areas allow both employees better protect themselves while allowing employers more knowledge specifically tailor policies procedures prevent any potential litigation situation arising future