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Hiring and Employment Contracts
Hiring practices must comply with anti-discrimination laws and provide transparency regarding employment terms. While many workers are classified as “at-will” employees, meaning management can terminate them at any time for any lawful reason, others work under employment contracts that specify conditions for employment and dismissal.
Wages and Hours
Wage and hour laws set standards for fair compensation. The FLSA requires employers to pay at least the federal minimum wage and overtime pay for eligible employees who work more than 40 hours per week. However, states can, and often do, mandate higher minimum wages.
Workplace Discrimination and Harassment
Federal laws prohibit discrimination based on race, color, religion, sex (including sexual orientation and gender identity), national origin, age (40 or older), disability, and genetic information. Laws such as Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) establish these protected classes.
Workplace harassment falls under the umbrella of discrimination and can create a hostile work environment. Employees who believe they have been discriminated against or harassed can file a complaint with the Equal Employment Opportunity Commission (EEOC) and, in some cases, pursue civil litigation.
Family and Medical Leave
The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave annually for specific family and medical reasons. This includes childbirth, adoption, serious health conditions, and supervision for a close family member with a health issue. Some states offer comprehensive leave benefits, including paid family leave and expanded coverage for employees not eligible under the FMLA.
Health and Safety (OSHA)
The Occupational Safety and Health Administration (OSHA) sets and enforces standards to ensure safe working conditions. Employers must provide a workplace free from known health and safety hazards and comply with all reporting and training requirements. Employees have the right to report safety violations and to request OSHA inspections without fear of retaliation.
Termination and Wrongful Dismissal
Although at-will employment allows for flexible termination, employers cannot dismiss employees for reasons such as discrimination, retaliation, or whistleblowing. Employees often file wrongful termination claims when they allege that their dismissal violated a legal right or public policy.