Employment Law
Employment Law Attorneys under Florida and Federal Laws
Why Arcadier and Associates?
Employment Law is a highly specialized area of the law with concepts which are esoteric, and constantly changing and developing. Even large corporations with large internal legal departments outsource their employment law related cases to attorneys and law firms which specialize in employment law. One of the best objective criteria to see if your attorney is truly an employment law specialist is to see if any attorneys in the law firm are Board Certified in Labor and Employment Law. The managing partner at Arcadier and Associates is board certified in labor and employment law, member of the nationally renowned association of employment law attorneys (NELA), with extensive appellate experience including participation in appellate briefs to the Florida Supreme Court and preparing a Cert to the United States Supreme Court, and numerous published appellate decisions at the Florida Appellate Courts and the 11th Circuit Court of Appeals.
If you are seeking a dedicated, experienced attorney to address your employment law issue, with trial and appellate court decision, you should definitely see us for a consultation.
Introduction to Employment Law
Employment laws are a set of laws that oftentimes comes under federal jurisdiction which oversees the rights, and duties of laborers, employers and unions. The federal laws, in conjunction with state laws protect workers from discrimination on the basis of age, sex, race, national origin, age and disability. The laws also help employees assert their right to receiving medical attention, pension, wages, furloughs, medical leaves, be free from certain types of harassment and retaliation, and protect employees from whistleblower activities.
To provide a fair and conducive environment for workers to be employed, a number of acts have been passed which protect their rights and set certain standards the employers must provide.
Acts under the Employment Law
- Basic Law for worker rights: The Fair Labor Standard Act (FLSA) of 1938 lays the basic grounds on which the minimum wages, work times and overtime rights a private sector worker is entitled. It also protects a potential worker from being denied the opportunity to employment due to discrimination of any sort.
- Pensions: The Employee Retirement Income Security established the standards the employees consider when providing pensions and healthcare for employees post their retirement. It also prevents employers from discriminating against certain employees and denying them their pensions. Some other accompanying laws include the ‘Internal Revenue Code 401 K, Employee Retirement Income Security Acts of 1974, Pension Benefit Guaranty Corporation and other acts which ensure monetary support for employees post retirement.
- Health and Safety: Every employee has the right to a safe healthy environment for employment which accounts for physical as well as mental well being. The Occupational Safety and Health Act of 1970 establish work standards that must be maintained by the employer to ensure proper work conditions for the employee. This takes into account a number of factors such as levels of exposure of toxic chemicals, radiation, noise and other agents the factory worker is exposed to. The Act asserts that work places must provide employees with proper gear for protection from potential disabling and toxic agents.
- Child Labor: Federal child labor laws have strict and well defined clauses. Depending upon the agricultural or non – agricultural nature of the work, children between the ages of 12 – 16 years are allowed to work under healthy conditions for a fixed wage. State laws also supplement and come into effect which apply more restrictions and ensure that children are not exploited and receive proper conditions for work.
- Equal Pay: The Equal Pay Act was a part of an amendment to the Fair Labor Standards Act (in 1963) to “prohibit discrimination on account of sex in the payment of wages by employers." It ensures that employees of the same level in the corporate hierarchy receive the same treatment and wages irrespective of their salary.
- Several other acts such as the National Labor Relations Act, Family and Medical Leave Act, Title VII, USERRA etc. have been passed to allow for accommodative and flexible the development of a fair and efficient work system, facilitating industrial growth.
Labor Law system
The labor law system was established to ensure that workers and employers synergistically work in a system which facilitates over all industrial growth, while at the same time, ensuring worker satisfaction and proper standard of living.
Numerous other rights and laws exist which are case specific. The law is so complex and ever changing, that you would be well advised to seek a consultation with an experienced attorney in the particular legal field that addresses your particular legal issue. Even if you do not ultimately chose Arcadier and Associates, you should seek an attorney who is board certified in labor and employment law, and a member of NELA.