Employment Law for Human Resource Professionals

Employment Law
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Employment Law
Law enforcement ensures that businesses do not break the law, even unintentionally. Managers must maintain communication with government agencies to run the business and guarantee compliance with the law. The HR department is responsible for educating the company's management and staff about the regulations that apply to them and advising them on how to comply with those laws in the workplace. Throughout the course, various concepts stood out for me, and they are as follows:
Employee Status: Although they are a member of management, managers and supervisors are still workers and are protected by the same regulations as any other worker. However, they are not covered by wage and hour rules and are not protected by the National Labor Relations Act. When enforcing employment rules, federal agencies have generally followed a policy of not asking about the immigration status of employees, even if those individuals are undocumented (noncitizens who cannot demonstrate their legal right to work in the United States) (Walsh, 2018). As a result, workers without proper documentation have the same rights as documented workers when settling workplace disputes.
Employment at Will: states that if an employment connection is not bound by a contract guaranteeing continued employment for a certain period, any party may end the arrangement at any time and for any cause not banned by law. Employment at will, however, is the default norm that empowers employers to terminate employment without having to have "strong" grounds to do so and may be invoked in the lack of any unambiguous right that workers can express not to be dismissed. The impact of at-will employment has been greatly lessened by enacting laws and granting additional rights to workers (Walsh, 2018).
Limitations Period: The amount of time an aggrieved party has to file a complaint is a crucial aspect of any system for enforcing compliance. Legally, this is the statute of limitations applicability. Different administrative authorities have different deadlines for bringing complaints or lawsuits. The National Labor Relations Board must be notified of the incident within six months of the alleged unfair labor practice. Employees who believe they have been the victim of discrimination have three years from the date of the alleged incident to file a charge with the EEOC (or six months in states without their state civil rights agencies) but only three months from the date of the EEOC's final attempt to resolve the case to file suit (Walsh, 2018). The statute of limitations for FLSA wage and hour claims is three years.
Equitable Tolling: The court may overlook an employee's failure to file on time if she was uninformed of her rights due to her employer's intentional misinformation or the company's failure to comply with its legal requirement to publish information in the workplace. Thus, the employee's religious discrimination complaint is rejected for lack of timeliness if it was submitted late owing to a clerical mistake at her lawyer's office. Equitable tolling is the term for this situation. Rarely does this theory protect workers against the e...