State and Federal Systems as they Pertain to Employment Law
Introduction
Employment law is defined as "The law, common law and statute, relating to the relationship of employer and employee." (www.xreferplus.com). It consists of a multitude of Federal and state statutes, regulations as well as case law. Both Federal and State systems are responsible for administering employment law at various levels. Federal employment laws are created in an effort to shift the balance of power from employer driven to a more equitable playing field between employer and employee. State employment laws and regulations are born from existing Federal laws, and often offer up enhancements to such laws. Examples of such enhancements are state laws regarding genetic testing and state minimum wage laws.
Federal Employment Laws
According to the Department of Labor website, Federal employment laws consist of laws "that guarantee workers' rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income." (http://dol.gov). Some examples of Federal employment laws are, 1) Americans With Disabilities Act of 1990 (ADA), 2) Age Discrimination in Employment Act (ADEA), 3) Consolidated Omnibus Budget Reconciliation Act (COBRA), 4) Equal Pay Act (EPA), 5) Fair Labor Standards Act (FLSA), 6) Family and Medical Leave Act (FMLA), 7) National Labor Relations Act (NLRA), 8) The Occupational Safety and Health Act (the OSH Act), 9) Pregnancy Discrimination Act (PDA), 10) Civil Rights Act of 1866 (Section 1981), 11) Title VII of the Civil Rights Act of 1964 (Title VII)- just to name a few. Our text makes the assertion that Federal employment laws "reflect the reality that employers stand ...