Employment Law for Employers
EEOC
Once a person hires one or more people in the state of New Jersey they are technically considered an employer and must have a good understanding of the rights and responsibilities that exist when it comes to the employer to employee relationship. A good New Jersey employment law attorney can help to make sure that a business is following the guidelines set out by both federal and state governments. There are a few procedures that employers should follow in order to make sure they are not depriving their employees of any of their rights and to stay out of legal trouble. Employment laws are designed to protect employees but also keep employers protected in many of the same ways.
The EEOC
The Equal Employment Opportunity Commission is a United States government agency that is mandated to enforce federal employment laws. The EEOC helps to ensure that workplaces are free from discrimination and to make sure that employees aren’t facing hostile situations while on the clock.
Discrimination in the Hiring Process
One of the biggest areas of employment law deals with discrimination in the workplace. Unfortunately discrimination has historically been a big problem in the United States. In order to combat this problem, a number of laws have been created which address discrimination in the workplace. When deciding whether or not to hire an individual, employers are not allowed to make the decision based on race, ethnicity, gender, sexual orientation, or any other personal factor. Title VII of the Federal Civil Rights Act of 1964 makes discrimination in the workplace illegal at the federal level and many state laws also outlaw discriminatory practices. An employer may only make their decision based on whether or not a candidate is qualified or not. In addition to not being able to consider these protected categories, employers are not allowed to base their decisions based on someone’s passed addictions though current addictions can be considered during the hiring process. They do not have to hire someone who is disabled if the disability will interfere with their work.
Fair Wages and Salaries
There are a number of regulations that have been created to ensure that employers are giving fair wages to their employees and to protect employees from being over worked and underpaid. A minimum wage has been set to ensure that employees are paid at least a living wage. This law has several parts that address both tipped employees and hourly wage employees. The minimum wage laws exist to protect the individual and the community. If only one employer was paying extremely low wages no one would work for them, if all employers in a community were paying extremely low wages the people of the area wouldn’t have a choice but to work for low wages. Minimum wages laws prevent situations like this from happening.
There are also wage laws regarding overtime. Overtime must be paid to employees working over 40 hours in a week, except for management positions. This law keeps employers from overworking employees and then firing them if they refuse to work excessive schedules each week by making them pay more for the work their employees do past 40 hours. Under this law, a management position is defined as someone having at least two people below them. Management positions in name only do not count and people holding these positions are entitled to overtime pay for hours worked over 40 in a week.
Termination of Employment
Employers are allowed to fire an employee based largely on the same guidelines as are used in the hiring process. Employees may be terminated for performance reasons or for behavioral reasons. They may not be fired for gender, race, religious affiliation, etc. In cases where there is an employment contract, the rules for termination will be laid out in the contract.
The EEOC
The Equal Employment Opportunity Commission is a United States government agency that is mandated to enforce federal employment laws. The EEOC helps to ensure that workplaces are free from discrimination and to make sure that employees aren’t facing hostile situations while on the clock.
Discrimination in the Hiring Process
One of the biggest areas of employment law deals with discrimination in the workplace. Unfortunately discrimination has historically been a big problem in the United States. In order to combat this problem, a number of laws have been created which address discrimination in the workplace. When deciding whether or not to hire an individual, employers are not allowed to make the decision based on race, ethnicity, gender, sexual orientation, or any other personal factor. Title VII of the Federal Civil Rights Act of 1964 makes discrimination in the workplace illegal at the federal level and many state laws also outlaw discriminatory practices. An employer may only make their decision based on whether or not a candidate is qualified or not. In addition to not being able to consider these protected categories, employers are not allowed to base their decisions based on someone’s passed addictions though current addictions can be considered during the hiring process. They do not have to hire someone who is disabled if the disability will interfere with their work.
Fair Wages and Salaries
There are a number of regulations that have been created to ensure that employers are giving fair wages to their employees and to protect employees from being over worked and underpaid. A minimum wage has been set to ensure that employees are paid at least a living wage. This law has several parts that address both tipped employees and hourly wage employees. The minimum wage laws exist to protect the individual and the community. If only one employer was paying extremely low wages no one would work for them, if all employers in a community were paying extremely low wages the people of the area wouldn’t have a choice but to work for low wages. Minimum wages laws prevent situations like this from happening.
There are also wage laws regarding overtime. Overtime must be paid to employees working over 40 hours in a week, except for management positions. This law keeps employers from overworking employees and then firing them if they refuse to work excessive schedules each week by making them pay more for the work their employees do past 40 hours. Under this law, a management position is defined as someone having at least two people below them. Management positions in name only do not count and people holding these positions are entitled to overtime pay for hours worked over 40 in a week.
Termination of Employment
Employers are allowed to fire an employee based largely on the same guidelines as are used in the hiring process. Employees may be terminated for performance reasons or for behavioral reasons. They may not be fired for gender, race, religious affiliation, etc. In cases where there is an employment contract, the rules for termination will be laid out in the contract.