Employment Law Handbook With Exercises 3rd Edition In Orange
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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.
Employment law is the section of laws that govern the relationship between an employee and their employer, including the rights and responsibilities of both parties.
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."
Employers in New York State must provide certain employees with at least 24 consecutive hours of rest in any calendar week. This is referred to as a day of rest, and the Guidelines (below) provide more specific details. Employers may apply for a variance from the day of rest requirement.
Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Any shift that goes beyond this standard is considered to be extended or unusual.
Can you fire an employee without due cause? Yes. New York is an 'at-will' employment State.
This means that an employer may legally ask an individual to work shifts of 8, 10, 12 or more hours each day. Each organization has the legal ability to designate shift lengths and alter them as necessary. Work any number of hours each week: Employers are not restricted to a 40-hour work week.
While there is no specific law on the federal level that requires employers to create an employee handbook, certain labor regulations may apply if you choose to create one.
New York At-Will Employment Notice Period As a result of New York at-will employment, there is no notice period requirement regarding employee dismissals in the state. Likewise, if any employee wishes to do so, they may resign at any time without notice as well.
New York is an 'at-will' employment State. Without a contract restricting termination, generally an employer has the right to discharge an employee at any time for any, or no, reason, providing it is not an act of illegal retaliation or discrimination (see below).
