Employment Law

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Feb 20, 2024

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Employment Law College of Science in Hospitality Management Grand Canyon University Brandon C. Clabo Bus-340 Prof. Anthony Patete 3/26/23

As one is looking to grow in a company or even run their own they must know all the laws that keep businesses running. Those laws can also bring a company down in a heartbeat. The laws have some flexibility, grey areas, but if you do in the black then you are going to get reprimanded. Three relations that can have legal issues with employment, labor, or employment laws. Employment Law Discrimination is an issue that every business will face at one point or another. The definition of discrimination is the unjust or prejudicial treatment of different categories of people, especially on the grounds of ethnicity, age, sex, or disability. “The Civil Rights Act of 1964 and subsequent legislation such as the Age Discrimination in Employment Act and the Americans with Disabilities Act make it illegal to treat workers differently based on ethnicity, religious beliefs, gender, age, or disability” (Employment, 2023). Nowadays many people are “transitioning” meaning that they are changing their gender and people are identifying many ridiculous options. “Employment laws are based on federal and state constitutions, legislation, administrative rules, and court opinions. Select employment relationships may also be governed by contract. Many of the governing laws are designed to keep workers safe and ensure they are treated fairly, although laws also protect employers’ interests” (Employment, 2023). Something that many people that are starting a business need to know is that not all employers have EEOC Laws applied to them. “Only employers with a certain number of employees are subject to EEOC laws. The number of employees changes depending on the type of employer and the kind of discrimination alleged. Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees. Federal agencies must follow all EEOC laws, no matter how many employees they have” (USAGov, 2023). This is interesting because this allows smaller companies to hire exactly who they want and not be scrutinized over the fact they did not want to hire someone that is homosexual or a certain body type. Now if the fact it feels like they are not hiring someone because of racism that is a completely different scenario. Labor Now on the labor side of things let’s talk about the 40-hour week. Many folks, especially the kids nowadays, think that they only have to work 40 hours per week and that it is the law. Well, the government never regulates how many hours a person has to work, just that anything over 40 hours a week the person must be compensated, usually that means time & a half. Just so one might understand what that means, if you make $14 an hour and you worked overtime then you will get paid $21 an hour. Now that may not sound like a lot to some, but when someone is first starting out and trying to survive in this pricey world, overtime becomes very wanted. Now let us talk a little about termination, aka getting fired. “All 50 states in the U.S. and Washington, D.C. are at-will employment states. However, some states have exceptions. One limitation is the public policy exception. This means that an employer can't fire an employee if it violates the state's public policy doctrine or a state or federal statute” (At-Will, 2023). An at will state means

that an employer can fire an employee at any moment for any reason. The states being at-will employment makes it so that someone cannot sue the company for lost wages. Conclusion In conclusion employers do have to tread lightly as the sea of discrimination reasons grows. There will always be someone that feels discriminated against for a new reason, albeit probably a ridiculous reason. Just like when the Civil Rights Division of the Department of Justice had to add sexuality to the list of things not to discriminate against. “On June 15, 2020, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 (Title VII)'s prohibition on employment discrimination based on sex encompasses discrimination based on sexual orientation and gender identity”(OCR, 2023). Just goes to show that no matter how well the laws already are in place and the employers are following there will always be something new to add.

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References Employment/labor law . Employment/Labor Law. (n.d.). Retrieved March 26, 2023, from https://www.law.georgetown.edu/your-life-career/career-exploration-professional- development/for-jd-students/explore-legal-careers/practice-areas/employmentlabor-law/ #:~:text=Current%20%E2%80%9Chot%E2%80%9D%20issues%20in%20labor,of %20religion%20in%20the%20workplace . Labor laws and issues . USAGov. (n.d.). Retrieved March 26, 2023, from https://www.usa.gov/labor-laws (OCR), O. for C. R. (2023, January 20). Sex discrimination . HHS.gov. Retrieved March 26, 2023, from https://www.hhs.gov/civil-rights/for-individuals/sex-discrimination/ index.html#:~:text=On%20June%2015%2C%202020%2C%20the,Bostock%20v. Will employment states 2023 . At-Will. (n.d.). Retrieved March 26, 2023, from https://worldpopulationreview.com/state-rankings/at-will-employment-states

Employment Law

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