Employment Law Legal Forms

Employment laws cover a wide range of terms and conditions of employment, from overtime and discrimination to worker safety. These laws set guidelines that protect both employers and employees. It’s important to have an idea of how employment law works and why it matters in every field.

What Is Employment Law?

Employment laws are passed at both the state and federal levels. These laws have significant overlap.

In many cases, federal laws set a baseline for all workers, while states can provide additional protections or benefits. For example, states can set a minimum wage at the federal level or pass a minimum wage above the federal minimum wage.

Employment law involves a wide range of forms, from contracts to incident reports.

Why Understanding Employment Law Matters

Employers must understand employment laws to comply with their requirements. Violating employment laws might trigger a regulatory enforcement action or give workers grounds for lawsuits.

For workers, it’s vital to know that employment laws protect their interests. For instance, state employment laws may prohibit employers from retaliating against employees for certain actions, such as reporting workplace safety violations.

Key Characteristics of Employment Law

Employment law governs the relationship between employers and employees. These rules can also cover the relationship between employers and labor unions.

Employment laws usually restrict or permit certain employer actions. Stated differently, these laws usually regulate the employer side of the employer-employee relationship.

However, some limit or restrict the employee’s actions or legal options. For example, workers’ compensation laws usually restrict employees’ right to sue companies for on-the-job injuries related to employer negligence.

Employment Discrimination Laws

Generally, employers are free to handle their employees as they see fit. But state and federal civil rights laws prohibit them from considering certain characteristics when deciding these terms, conditions or privileges of employment:

• Hiring and firing
• Promoting and demoting
• Training
• Setting wages and benefits

The immutable characteristics employers cannot use to discriminate among their workers include the following:

• Race
• Color
• National origin
• Sex or sexual orientation
• Religion
• Disability
• Age over 40

An employer would be prohibited from refusing to hire qualified women simply on the grounds of their gender, for instance. Antidiscrimination laws also prohibit employers from creating a hostile work environment in which workers are subjected to pervasive or severe conduct that would offend a reasonable person.

Wages, Benefits and Compensation

State and federal laws set the minimum wage. They also define which workers must be compensated for overtime work and the overtime pay rate.

If an employer chooses to offer retirement plans, federal laws regulate how those plans may be created and managed. They also set the standards for employer contributions to employee retirement accounts.

Employers that offer health coverage must comply with federal and state laws when employees are terminated or quit. Specifically, the employer must allow the worker to continue their health coverage under certain terms regulated by federal law.

Workplace Health and Safety

Employment laws also define working hours, including child labor laws that set minimum worker ages and employment conditions for underage workers.

Similarly, these laws establish safety standards for workplaces. They create a system for verifying compliance with safety standards, penalizing non-compliance and protecting workers who report safety violations.

Workers’ compensation laws determine which employers must carry workers’ comp insurance as well. They define the procedures and rules for seeking medical and disability benefits after an on-the-job injury or occupational disease.

Major U.S. Employment Laws

Federal employment laws that may impact your working conditions and terms include the following:

• Fair Labor Standards Act (FLSA): Regulates pay, tips, overtime and hours
• Employee Retirement Income Security Act (ERISA): Covers employee retirement plans
• Consolidated Omnibus Budget Reconciliation Act (COBRA): Regulates continuing health coverage for terminated workers
• Civil Rights Act: Prohibits discrimination and retaliation
• Americans With Disabilities Act (ADA): Requires a reasonable accommodation of worker disabilities

States also have their own employment laws, which define at-will employment, distinguish between at-will and contract employment and provide remedies for a breach of employment contract.

Key Employment Law Legal Forms

The right legal forms can help clarify expectations, document workplace events and reduce the risk of future legal disputes. If one party takes legal action against the other, having all relevant forms available may help speed up the resolution process.

Here are some important legal forms for employers and employees:

Contracts

Not all jobs are required to have written contracts. However, a clear contract of employment ensures that both parties are on the same page about the following:

• Job duties and responsibilities
• Hours worked
• Pay rates
• Any associated benefits
• Length of employment term
• Termination procedures

Contracts with non-employee workers are also important. If an employer hires 1099 workers, they might create an independent contractor agreement that explains work duties and clarifies that the worker is responsible for their own taxes and benefits.

Certain roles may require more in-depth contracts. For instance, an executive employment agreement will typically have salary and equity compensation details as well as more complex termination terms.

Non-Compete and Non-Disclosure Agreements

In many sectors, employers may ask current and former employees to sign non-compete agreements and non-disclosure agreements (NDAs). A non-compete agreement prohibits an employee from working for competitors for a set period of time.

When workers sign a non-disclosure agreement, on the other hand, they’re barred from sharing potentially sensitive information like trade secrets or client lists.

Laws regarding NDAs, non-compete agreements and their enforceability vary widely by state. For example, California law voids almost all non-compete agreements, and it makes it illegal to try to enforce a non-compete agreement signed elsewhere.

Incident Reports

Injuries and other unexpected events at any workplace should be documented as soon as possible. When you create a workplace incident report, you establish a record of the incident and help protect everyone involved.

If a person has been injured or suffered loss of property, the report may become a central part of their legal claim. For the business or property owner, the report can show compliance with legal obligations.

Many workplaces keep several types of incident report forms on file. For example, in the event of an unexpected data breach, it can be helpful to create a cybersecurity incident report.

Handling Employment Matters with Legal Forms

You don't always need to hire an attorney to manage workplace issues. ConsumerShield offers affordable, professionally drafted legal forms to help you establish clear agreements and protect your rights. Browse our ready-to-use employment documents today!