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Employment Law Homework Help
Employment law refers to a set of rules that govern the relationship between an employer and employees. This includes trade unions, all the employing entities, and the government. There are different employment laws, but the main ones are collective employment law and individual employment law. Collaborative employment law governs the relationship between the employer, employee, and employment union. On the other hand, Individual employment law relates to the employees' work rights and protects the work contract between an employer and the employee. Government agencies rely on employment laws in setting employment standards, which are the minimum realistic conditions under which employers and employees are allowed to work.
Employment Law in the United States
The United States Department of Labor enforces and oversees employment laws that regulate over 125 million employees and 10 million employers. These laws regulate hiring and firing employees, wages and salaries, working hours, paid time off, employee benefits, harassment, and employment discrimination, among many other employee rights and workplace layout.
The following are some of the significant federal employment laws in the U.S.
- The Fair Labor Standards Act. This is the employment law that sets the federal minimum wage for both regular and overtime working conditions. The law also regulates child labor by 'slashing down' the number of working hours for minors.
- The Employee Retirement Income Security Act (ERISA). This law oversees and sets standards and the requirements for pension plans.
- The Family Medical and Family Leave Act. This act requires employers with more than 50 workers to guarantee a 12-week unpaid, job-protected leave in case of the spouse's or parents' serious illness, childbirth, childcare, or any other emergency involving either the employee or his active family member.
- Fair Labor Standards Act (FLSA): This employment act is also referred to as the "Wage and Hour Bill", and it oversees child labor laws, minimum wage, and overtime working hours.
- The Affordable Care Act – Nursing Mothers: This is the law that requires employers to provide a private room, express milk, and adequate time for nursing employees to nurse their babies.
- Immigration and Nationality Act (INA): This employment law outlines work permit rules and wages for non-U.S citizens who intend to work in the U.S
Employment Law in Australia
Employment laws in Australia originate from the common law, industrial instruments, and legislation by state, federal, and territorial agencies. Some of Australia's critical employment laws include; Fair Work Act 2009, Work Health and Safety Standards (WHS), National Employment Standards (NES), State and Federal anti-discrimination laws, and Privacy Act 1988.
Types of Australian Employment Laws
Fair Work Act 2009
Under Australian employment law, the Fair Work Act 2009 advocates for all employees' fair treatment and protection from discrimination in the workplace. It also ensures that the national minimum wage is adhered to according to National Employment Standards' provisions (NES).
State And Federal Anti-Discrimination Laws
This set of employment laws protects all forms of discrimination ranging from gender, age, sexual orientation, and race, among others, to employees. Its provisions are not limited to the workplace, but it protects employees from harassment or discrimination within or outside the workplace. It is Federal level legislation that addresses discrimination towards persons with disabilities as well.
Work Health And Safety Act 2011
This employment law is yet to be implemented by Commonwealth, but Australia has already implemented the WHS law model with some modifications. The model law provides for the protection of the health, welfare, and safety of all employees at a workplace and visitors, customers, and the general public that visit the workplace.
Disability Discrimination Act 1992
The Disability Discrimination Act 1992 specifies that it is an offense to discriminate against any person at the workplace on the grounds of their disability.
