Navigating State Employment Laws: What You Need to Know

Employment law plays an important role in the lives of most people. Employees, employers, coworkers, and human resource professionals all need to know the basics of employment law. It is vital for employees to know their rights. It can be even more important for employers to know employment laws because the potential penalties for violating some employment laws can be severe.

It is important to understand that state laws impact employee rights. While there are federal employment laws, state laws determine minimum wage, whether the state is right to work, union recognition, and more. So, you need to consult a lawyer familiar with your state’s laws if you have questions about many issues.

One of the questions that many employees have is about vacation and paid time off. While many employers offer vacation time, it can be difficult for people to take those days. Breaks are another issue. Federal law does not require an employer to offer meal or rest breaks.

One thing that federal law does do is offer protection for employees who have complained about violations of other laws. Federal law prohibits retaliation, but it can be difficult to prove. One type of retaliation is wrongful termination. Even in right to work states, it is illegal to terminate people in retaliation for whistleblowing.

Another tricky issue is unemployment benefits. Generally, employees who are fired for cause are not entitled to unemployment benefits, nor are employees who quit. However, employees who are laid off do qualify. Some employers may claim an employee was fired for cause in an attempt to avoid paying unemployment benefits.

Wage and hour laws are important to note. Hourly employees who work more than 40 hours a week are entitled to overtime for those hours. However, some employers try to avoid overtime by employing various techniques. On the other hand, employees who clock in before they are actually at work are committing wage theft by representing that they are working when not at work. Both employers and employees may need a lawyer’s help when faced with a wage dispute.

Workplace discrimination is another vital issue. Sexual harassment, which can be a hostile work environment or quid pro quo harassment, is one of the major issues in the modern workplace. Employers need to understand what behaviors are acceptable when training, mentoring, supervising, and disciplining their employees.