Employment Law Paper Example

Labor law emerged due to the need of the workers to better their working conditions, the rights to organize, and the employers need to restrict the powers of the employees, and to lower the cost of Labor. According to Fitzpatrick & Perrine (2008), the cost of employment can go up due to the organization of the workers to get higher wages, or use of by laws that may be imposing requirements that are costly.

For instance, the Equal Opportunities Condition or the Health and Safety Act. The organization of workers like the trade unions can fully transcend on the disputes that are purely industrial and apply the political power that employers may be against. The basis of Labor law by and large is a component of, and a product of struggles from varying interests of the society. Individual Labor law covers the rights of the employees at the place of work on the specific contract of work.

The trade unions were previously used to represent the individual rights, but a great development has been done in many countries by increasing the legal rights of the individuals that can be directly enforced in courts. According to a report made by the United States National Labor Relations Board (2005), employment laws to a large extent represent the rights of the employees, though the rights of the employers are also dealt with.

The U. S Federal Government has established and enacted various statutes meant to represent the interests of the employees. Some of the statutes developed include the Fair Labor Standards Act (FALSA), this Act has four major issues that it represents, being the regulation of child Labor, requirements of overtime, equal pay provisions and the minimum wage requirement. The overtime rule requires that, when an employee works for more than 40 hours in a week, a pay of 1. 5 times be effected, unless the type of work done is a professional job.

For instance an accountant, a lawyer or a doctor, or where a person performs as a supervisor or a manager. The provision of child labor prohibits the employment of minors below 18 years from working for more than 20 hours in a week, and working when schools are in session. The statue provides that, minors should not work in places likely to cause them any harm. Employees whose salaries are not paid can launch their complains to the DOL, or institute actions in the Federal courts (Zachary, 2008).

Title V11 (Discrimination) Act, is applied to any company that has more than 15 employees and states that, an employee should not be discriminated on the basis of sex, race, religion, national origin and color, both during employment and hiring. Discrimination should also not apply with regard to the benefits, condition, and the terms of employment. Discrimination on the basis of pregnancy has been prohibited, and a pregnant woman should be treated as any other non working disability. Age Discrimination Act is applied to any company that has more than 20 employees.

It restricts discrimination while hiring, terminating, employment, with regard to people who are above the age of 40. The equal pay Act is applicable to any employer who is associated to the Fair Labor Standards Act and states that, the employers should not discriminate on basis of sex while offering wages, by giving one sex lower wages than the other, where the same skills are applied at work, equal responsibilities and effort is applied by the employees and the performance is done under same conditions. The exception to the rule is allowed by the employer proving that the system of seniority applies.