Good relations between employer and employee are an essential part of a business that wishes to be successful. People will perform better in their jobs when they feel valued, and it should be any employer’s wish to ensure that they are achieving this. The existence of employment and labor law, however, is there to ensure justice for mistreated employees.
Understanding Labor Law
The importance of understanding labor law should not be lost on anyone. Employers should know what their responsibilities are under the law, because it is incumbent on them to follow it and any failure to do so cannot be defended with the argument that they were unaware of it. For employees, it is essential to know what your rights are. There are certain limits to what an employer can ask or demand of an employee, and entitlements that they must offer. These expectations are set down in law under acts as diverse as the Occupational Safety and Health Act (OSHA), the Fair Labor Standards Act (FLSA), and the National Labor Relations Act (NLRA).
These acts cover a wide expanse of standards and expectations that any employer should be seeking to meet, including minimum wage, overtime pay, the right to a safe and healthy working environment, and reasonable time off. If you are an employer it is essential that you can demonstrate that you are complying with these workplace laws, and if you aren’t sure what you need to be doing to achieve that you will need to secure the services of an employment lawyer who can tell you.
If you don’t know what the minimum wage is, after how many hours an employer must offer overtime pay to an employee, or what the expectations on your company are under non-discrimination law, then it is important that you learn. If you’re an employee, it is a legal requirement that you do.
Navigating employment disputes
It’s not always possible to keep 100% of employees happy 100% of the time. Sometimes there will be friction. How you deal with the issues when they arise is just as important as preventing them in the first place.
Common disputes in employment
From time to time, disputes can arise in any business. These can range from termination which is deemed wrongful, to harassment of various kinds including sexual, or from discrimination to unfair pay and unreasonable hours.
Steps in the dispute process
Any dispute in employment will start with a complaint. An employee, or ex-employee, can bring a case for wrongful termination, harassment or another issue. It is important for a business to have a dispute resolution process which begins when they receive the complaint. They can then investigate the complaint according to due process and ensure that any conclusion it reaches stands up to employment law.
Mediation and arbitration
An employment dispute does not need to enter an attritional battle of litigation. If all parties can come to a conclusion through a process of mediation and arbitration, then it may be possible to resolve a dispute amicably.
Importance of documentation
However one goes about resolving an employment dispute, it is essential to make sure that all steps along the process are fully documented. This is something that must be ensured on both sides. Whatever conclusions the process reaches, and the steps used to get there, should always be documented so that there is informed agreement on how to move forward.
Benefits of legal representation
Labor law is not always simple; few forms of law are, because law exists in the details of any situation. It makes sense to ensure that you have representation to assist in the correct discharging of labor law, not least because this can prevent escalation that harms all parties.
Complexity of labor law
Labor law cannot, by its nature, be simple. In any dispute between two parties, there will be claim and counter-claim. Labour law exists to find the version of events that matches most closely with the reality. This often involves looking dispassionately at multiple accounts of the same issue, something that is hard to do without legal training.
Protecting employee rights
Resolving a dispute without legal representation can be a minefield. An employee without full knowledge of their rights might be leaned on to accept a settlement that falls short of what the law recommends. Acceptance of this settlement may close off recourse to full justice later.
Case preparation and strategy
Legal representation can allow an employee to have their case laid out in a strategic way which helps to deliver on their rights. A trained legal representative will know the correct questions to ask and how to sequence the presentation of this evidence in order to reach the most satisfactory conclusion.
Negotiation and litigation
If your complaint is escalated to the point where it reaches a court, legal representation will ensure that your interests are represented to the maximum possible level. They will present your case based on the facts and negotiate the best outcome for you.
Resolving workplace conflicts
Engaging with employment law in a meaningful way can ensure that conflict is managed before it becomes too damaging. To reach a conclusion that is beneficial for all parties, it is worth considering how a business can meet the following needs:
Prevention of conflict
There will always be disagreement and tension in a workplace. Anywhere where differing ideas exist, this is going to happen. But a well-managed workplace can put in place training to avoid conflict escalation; setting out and communicating clear policies on discrimination and harrassment is one example of this.
Internal resolution mechanisms
An employer who takes their workers’ rights seriously will have processes for managing conflict internally. Setting out grievance procedures and following them without fear or favor can stop a complaint from becoming a lengthy, attritional dispute which results in harm to everyone.
Legal recourse
Sometimes it is necessary to have the option of going to court in order to concentrate minds on the benefit of resolving things properly in-house. If you as an employee make clear that you’d prefer a prompt and mutually beneficial resolution, but are prepared to take it to litigation, it can concentrate minds on the benefits of a serious in-house process.
We all hope we will never have to resort to legal action against anyone, least of all an employer. But knowing one’s employment rights and the options for litigation is the best way to ensure that your rights are always upheld and your needs met by your employer.
