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ABA Family Legal Guide
Law and the Workplace
The law affects just about every aspect of work. Federal and state laws regulate the hiring process, the terms and conditions of employment, and the circumstances under which employees can be terminated.
The law helps shape the relationship between employer and employee. The law does not address every issue that can arise on the job, but a basic understanding of what the law does require can help both the employer and the employee anticipate problems and avoid trouble.
Understanding your legal rights does not mean that you can only enforce them through a lawsuit. A lawsuit should be a last resort, not the starting point. Lawsuits are costly and time-consuming. Rather, employers and employees should first try to discuss their differences. Such discussions are easier and more productive when both sides understand how the law affects the situation. Many employers try to anticipate problems before they occur, and solve problems when they do arise.
This chapter helps both employees and employers understand how the law affects their rights and obligations at work. It explains the laws and suggests places to turn for further details. While this chapter discusses both federal and state laws, it does not go into detail on the laws of each specific state. We'll refer to state law and generally discuss how state law can affect the work relationship. However, no two states' laws are exactly alike, so we won't provide guidance as to how a specific state's laws affect the workplace. Each section in this chapter answers commonly asked questions about a specific area of law.
- Introduction to Law and the Workplace
- Federal Laws Regulating the Workplace
- The Hiring Process
- On the Job
- Discrimination in the Workplace
- Discrimination Based on Gender
- Other Protections for Workers
- Sexual Harassment
- Age Discrimination
- Privacy in the Workplace
- Special Rights of Public Employees
- Unions in the Workplace
- Wages and Hours
- Workplace Safety
- Workers' Compensation
- Social Security Disability Insurance
- Leaving a Job
Copyright © 2004 American Bar Association