When handling issues such as contract violations and unfair business complaints, a company owner will deal with business law issues. However, once employees and workplace problems arise, the business owner will enter into employment litigation.
The answer might surprise you! Virtually all employee handbooks contain the statement, “This handbook is not a contract.” Most employers assume with this contract disclaimer none of the policies and provisions in their employee handbook constitute a contract. On Feb. 3, 2021, the Minnesota Supreme Court held in Hall v.
“Employee relations” typically refers to interactions between employers and individual employees. “Labor relations” can refer to relationships between employers and the unions that represent their employees.
Employment law regulates the relationship between employers and employees. Labor law regulates the additional dimension that arises when employees select (or consider selecting) a labor union to represent them in their dealings with their employer.
Are My Workers Employees? The Fair Labor Standards Act (FLSA) only covers employees. The FLSA defines employee as "any individual employed by an employer" and employ is defined as including "to suffer or permit to work." The concept of employment in the FLSA is very broad and is tested by "economic reality."
There are many major labor laws in the United States. The Fair Labor Standards Act, Occupational Safety and Health Act, Family and Medical Leave Act, and part of the Civil Rights act are all important standards of labor law.
The three major common law exceptions are public policy, implied contract, and implied covenant of good faith. The at-will presumption is strong, however, and it can be difficult for an employee to prove that his circumstances fall within one of the exceptions.
Whether all of your employees are based in Texas or only a handful, you will need to provide a Texas-specific handbook to ensure your employees know the policies and rights entitled to them by their state. Find the required state policies for Texas, federally required policies, and other optional policies below.
The basic rule of Texas employment law is employment at will, meaning either party in an employment relationship can modify the terms of the relationship unless there is a statute or an express agreement stating otherwise.
Employment laws establish minimum wage and overtime requirements, guarantee safe working conditions, and provide benefits such as workers' compensation and unemployment insurance.