General Employment Law
What is service law?
Service law is the body of law that governs the relationship between employers and employees, ensuring compliance with labor standards and protecting rights.
What is at-will employment?
A system where employers or employees can terminate the relationship at any time without cause, except for illegal reasons like discrimination.
What is an employment contract?
A legally binding document outlining terms of employment, such as salary, job duties, and benefits.
Also read:
- https://prolegalinsights.com/20-service-law-questions-understanding-workplace-rights/
- https://prolegalinsights.com/25-faqs-about-service-law-and-employee-protections/
- https://prolegalinsights.com/30-common-service-law-queries-and-their-legal-answers/
What is the distinction between an employee and an independent contractor?
Employees are subject to the control of an employer and have the right to benefits, while independent contractors work for themselves and are generally not covered by most labor protections.
What are non-compete agreements?
Contracts that prohibit employees from working for competitors or starting similar businesses within a given time and area.
Hiring Practices
What are illegal questions to ask in a job interview?
Employers cannot ask about race, religion, age, marital status, or other protected characteristics.
What is background check compliance?
Background check compliance involves following laws such as the Fair Credit Reporting Act (FCRA), including consent.
What is the Equal Pay Act?
The law equates the remuneration for the same work conducted by men and women under the same conditions.
What is discrimination in hiring?
Laws like Title VII prohibit refusal to hire someone on the basis of protected traits, such as gender, race, disability, or religion.
Can an employer demand drug tests?
Yes, but policies must be nondiscriminatory and comply with state laws.
Wages and Hours
What is the minimum wage?
The lowest hourly wage employers must pay, set by federal, state, or local laws.
What are the rules for overtime pay?
Non-exempt employees are entitled to overtime at 1.5 times their regular hourly rate for hours worked over 40 in a workweek.
What are wage deductions?
Deductions from wages can only be made for legal purposes, such as taxes or approved benefits, and not for business losses.
What happens if wages are not paid on time?
Employees may file a complaint with the Department of Labor or sue for unpaid wages and damages.
Are employees entitled to meal and rest breaks?
This varies by state; many states mandate breaks for shifts over a certain number of hours.
Workplace Safety
What is OSHA?
The Occupational Safety and Health Administration (OSHA) develops and enforces workplace safety standards.
What is the employer’s responsibility regarding workplace safety?
Employers have the duty to provide a workplace free from known hazards and to follow OSHA standards.
Can employees refuse unsafe work?
Yes, employees can refuse work that is an immediate danger to health or safety.
What is workers’ compensation?
Insurance providing benefits for employees injured or made ill on the job, covering medical expenses and lost wages.
What is whistleblower protection?
Laws protecting employees who report unsafe conditions, illegal practices, or violations from employer retaliation.
Discrimination and Harassment
What constitutes workplace discrimination?
Treating employees unfairly based on protected traits like race, gender, age, disability, or religion.
What is workplace harassment?
Unwelcome conduct based on protected traits that creates a hostile or offensive work environment.
How can employees report discrimination?
Report internally to HR or file a complaint with the Equal Employment Opportunity Commission (EEOC).
What is retaliation?
Punitive actions, such as firing or demotion, taken against employees for asserting their rights. Retaliation is illegal.
Are employers liable for harassment by coworkers?
Yes, if they knew or should have known about the harassment and failed to act.
Leave and Benefits
What is the Family and Medical Leave Act (FMLA)?
A law allowing eligible employees to take up to 12 weeks of unpaid leave for family or medical reasons.
Are employers required to provide paid leave?
This depends on state or local laws; federal law does not mandate paid sick or vacation leave.
What is COBRA?
A law allowing employees to continue health insurance coverage after leaving a job, at their own expense.
Can employers deny vacation requests?
Employers can deny vacation requests if not required by law or policy, but accrued vacation must often be paid out upon termination.
What happens if leave policies are violated?
Employees can file complaints with labor authorities or sue for damages.
Termination and Resignation
What is wrongful termination?
Firing an employee in breach of contracts, labor laws, or anti-discrimination statutes.
Do employers have to give a reason for the termination?
No, in at-will states, but the termination can’t be discriminatory or retaliatory.
What is constructive dismissal?
When intolerable working conditions make an employee resign and in effect, it is treated as firing.
What is severance pay?
Compensation paid to the terminated employees, but not necessarily, unless there is a contract or policy requiring it.
What are employees’ rights to final paychecks?
State laws determine when final paychecks must be issued, usually by the next payday or sooner.
Miscellaneous Questions
Can employees discuss wages with coworkers?
Yes, the National Labor Relations Act protects the right to discuss wages and working conditions.
What are non-disclosure agreements (NDAs)?
Contracts that prevent employees from sharing confidential business information.
Can employers monitor employees?
Yes, to a point. Companies can monitor emails, calls, or internet use if they are work-related, but state laws may add restrictions.
What is a grievance procedure?
Formal process where employees can voice a concern about a workplace issue, usually outlined in a contract or employee handbook.
What are employers’ responsibilities under the Americans with Disabilities Act (ADA)?
To make what is termed a “reasonable accommodation” for qualified individuals with disabilities unless it would cause an undue hardship for the employer.
These FAQs cover key service law issues for employees and employers.