Labor and EmploymentCommittee Back

to Basics–Building a Solid Foundation for Professional Growth in the Labor & Employment Law

Carlos Gracie, Jr., the son of one of the founders of Brazilian Jiu-Jitsu said: “I’ve always been a fan of the basics. After having a good solid foundation of Jiu-Jitsu, the rest comes by instinct. You create, invent. The rest is easy. The difficult part is the beginning.” We, as legal practitioners, can learn a thing or two from Mr. Gracie and from the Gracie Family–innovators & practitioners in the mixed martial arts arena. However, though we could discuss the benefits of mixed martial arts, the purpose of this article is to get back to basics in the labor & employment law arena, discussing the various employment laws that impact employees and employers alike. As Mr. Gracie explained, the basics build a solid foundation.

Employment law governs the relationship between an employee and their employer. At its core, employment law ensures all parties involved in a business are treated fairly and ethically. The scope of employment law is extensive, so it is usually broken into five categories: 1) Civil Rights Laws; 2) Family & Medical Leave Laws; 3) Workplace Safety Laws

4) Compensation Laws; and 5) Work Eligibility Laws. These laws permeate all levels of government, but they are primarily defined at the Federal and State level. There are several attributes distinguishing Federal employment laws from State employment laws.

First, Federal and State governments differ on enforcement. While State governments generally enforce employment laws through a single agency, the Federal government enforces the laws through several agencies. The main Federal agencies enforcing Federal employment law are as follows:

1. The U.S. Department of Labor (“DOL”), which primarily enforces Compensation Laws, Workplace Safety Laws, Work Eligibility Laws, and Federal Contracts;

2. The Equal Employment Opportunity Commission (“EEOC”), which primarily enforces Civil Rights Laws; and

3. The National Labor Relations Board (“NLRB”), which primarily enforces laws governing union and employer relations, as well as Compensation Laws.

Second, the Federal employment law field is vast, encompassing over 180 Federal employment laws. The most commonly litigated Federal employment laws are the Family & Medical Leave Act

(“FMLA”), the Fair Labor Standards Act (“FLSA”), the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act of 1967 (“ADEA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”). Whether employer or employee, it is important to have a basic understanding of what these laws are and how it affects (or could affect) your every workday:

The Family & Medical Leave Act

The FMLA outlines employees’ rights regarding leave for personal and family medical emergencies, applying to private employers with at least 50 employees, governments, and their agencies. Under the FMLA, employees are entitled to twelve weeks of unpaid leave in a twelve-month period to handle medical emergencies, such as the birth of a child, or providing care for an employees’ spouse, child, or parent who has a serious health condition.

The Fair Labor Standards Act

The FLSA protects workers against unfair employment practices, and it establishes minimum wage, overtime pay, recordkeeping, and child labor standards. The Act applies to both full and parttime public sector workers. Additionally, the Act applies to private sector employees, provided the employer has at least two employees and either 1) has enjoyed at least $500,000 in business, or 2) is a hospital or business providing medical or nursing care for residents, schools and preschools. Alternatively, private employees are protected if they engage in interstate commerce, meaning their work crosses State lines.

The Americans with Disabilities Act

The ADA requires private employers with more than 15 employees, governments, and their agencies, to afford equal rights for workers with disabilities. To receive protections under the ADA, an employee must have a physical or mental impairment that substantially limits one or more major life activity. Furthermore, protections are granted where the employee has a record of such an impairment or has been regarded as having such an impairment. Workers establishing either of these prerequisites are defined as a “qualified individual” and thus entitled to reasonable accommodations to perform the essential functions of a given job. Employers are required to provide reasonable accommodations for all qualified individuals unless it would result in undue hardship, such as a practical or monetary difficulty in offering the accommodation.

The Age Discrimination in Employment Act of 1967

The ADEA applies to private employers with 20 or more employees, governments, and their agencies, protecting applicants and employees at least 40 years old against discrimination due their age. The Act prohibits employers from considering an employee’s age in rendering hiring, promotion, discharge, compensation, and enforcement decisions. Furthermore, employers cannot express an age preference in job advertisements, nor can they offer employees different benefits based on age.

Title VII of the Civil Rights Act of 1964

Title VII prohibits discrimination based on race, color, religion, sex (including pregnancy), and national origin (the protected continued page 14