What Is Employment Law?
In general, employment law, also known as labor law, oversees the rights and duties of employers and workers. While it is designed to ensure worker safety and fairness in labor practices, employers are also protected through the establishment of federal and state constitutions, legislation, and administrative rules related to contracts and how an employer can be treated.
Employment Law in Louisiana
American labor laws started out to first compensate injured workers, create a minimum wage and overtime pay, outline a standard work week, and prohibit child labor. Over the years, other employment laws have been added as the need arises related to certain issues. These issues are discrimination, sexual harassment, unsafe work conditions, maternity leave for both men and women, employee health care provisions, and gender pay equality.
At Will Employment
In nearly every state, employment presumes that employment relationships are at will, which means that employers and employees are free to terminate the relationship at any time and for any reason. However, this presumption can be overridden when it can be proven that both parties entered into an employment contract or made other promises regarding when and how the relationship would end. These contracts may include employment length, compensation, disciplinary procedures, reasons for termination, non-disclosure of proprietary information, and non-compete agreements should the working relationship end.
Discriminatory Termination Law, Workers Compensation Claims
Also, employers cannot terminate workers for discriminatory reasons, in retaliation for filing a worker’s compensation claim, or for whistleblowing when an employee reports that an employer is in violation of the law. Some states also prohibit employers from terminating employees to avoid paying a bonus or some other type of benefit.
Specialization in Employment Law
The court system is often called upon to interpret contracts and situations that involve various issues related to employment law. To assist the employee or employer involved in these cases, employment attorneys often litigate, including those employment law cases related to unemployment insurance claims, workers’ compensation, sexual harassment, on-the-job accidents, and compliance issues that involve Occupational Safety and Health Administration (OSHA). While some employment law attorneys focus only on labor law issues, others may specialize in one or more of the issues above.
Employment Law Abuse? Contact WFCW
If you believe you are the victim of any employment law abuse by your employer, it is best to seek a consultation with an employment law attorney or labor law attorney who can listen to your situation and provide strategy for addressing it in court. Contact us today to learn more about how we can put our experience and knowledge to work for you.