Employment Law
Employment law deals with the relationship between workers and employers. These regulations are designed to keep workers safe and to ensure they are treated fairly. They also protect the employers’ interests. Sometimes referred to as labor laws, these rules are developed using state, federal, administrative, legislative and court opinions.
Regardless of the industry or the level of employment, there are regulations in place that determine minimum wages and work hours. These regulations vary by state. We focus on the labor laws in Idaho to protect both workers and employers.
Discrimination
Many employment law cases revolve around discrimination in the workplace. All employees must be treated equally in the workplace under the Civil Rights Act of 1964 and further legislation. This means, regardless of age, sex, ethnicity, religious beliefs or disability, all employees are entitled to fair treatment.
While discrimination represents a large amount of employment law cases, they are easily mishandled without proper legal counsel.
Americans with Disabilities Act (ADA)
Under the Americans with Disabilities Act, employers are prohibited from discriminating against people with disabilities in all manner of employment, ranging from the hiring process to advancements, to firing. The ADA includes specific language as to who is protected under the law, which is intended to protect employers from being frivolously sued.
“Work At Will”
Idaho is a “work at will” state, meaning the law presumes the relationship between an employee and employer can be terminated at any time. While certain instances may be treated differently – such as in the case of a union agreement or extended work contract – the vast majority of work relationships are determined to be day to day, for lack of a better term. This practice is intended to protect both the worker and employer, both of whom are free to advance in their own best interest.
Family Medical Leave Act (FMLA)
The FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that the group health benefits be maintained during the leave. FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.
Wage Claims
Payment of wages is protected under both federal and state law. Penalties my be imposed upon employers who do not pay wages in a timely manner. We advise employers to ensure they are acting within the law and can also assist employees who may have had their wages wrongfully withheld.
Whistleblower Retaliation
The reporting of violations of law and/or safety violations in the work place is protected by state and federal laws. An employee making reports cannot have an adverse employment action taken against them, including termination, demotion, or other forms of discipline.
