Chapter 1

Introduction to
Employment Law and
the Employment
Relationship
Employment Law is Different
from Labor Law
Employment law generally includes discussions related to
such statutes as Title VII (workplace discrimination), the Fair
Labor Standards Act (FLSA), and the Family and Medical
Leave Act (FMLA).
Labor law generally includes discussion related to the
National Labor Relations Acts (NLRA) and collective
bargaining, which is the agreement that governs the terms
and conditions of employment for individuals in a labor
union.
For Whom is the Study of
Employment Law Relevant?
• Individuals working in Human Resources
• Attorneys and paralegals who work in this field
• Anyone who hires, manages, or terminates employees
• Anyone who works!
Sources of Law

• Statutory law
• Common law
• Administrative regulations
• Federal and state constitutions

Each source of law has the potential to alter the rights and
obligations of the parties who enter into an employment
relationship.
Statutory Law Refers to Laws Passed
by Congress and State Legislatures
Examples of federal statutory law:
• Title VII: foundation of the prohibition of workplace
discrimination
• Family and Medical Leave Act (FMLA): provides unpaid
job-protected leave for employees to tend to family and
medical (and under the recent amendments, to some
expanded military-related) issues
• Americans with Disabilities Act (ADA): prohibits
discrimination against qualified individuals with
disabilities
Things to Remember about
Statutory Law
Variations exist between federal and state statutory law.
Both must be considered when making decisions about an
appropriate course of conduct.
Example:
• The Fair Labor Standards Act (FLSA) is the federal law that
governs minimum compensation and the payment of
overtime.
• The FLSA does not regulate the number of hours an
employee can be required to work in one day, nor does it
define what constitutes a part-time or full-time employee.
• State law may regulate these and other conditions of
employment.
Wage and Hour Laws in Louisiana

Wage and hour laws regulate the time employees spend

working and how much they are compensated for their time.
These laws cover topics such as what qualifies as time
worked, what employers must pay for, minimum wage, tips,
overtime, and meal and rest breaks. It is vital for employers
to have a full understanding of wage and hour laws to help
them remain in compliance and avoid potential civil and
criminal penalties.
Wage and Hour Laws in Louisiana

• Minimum Wage in Louisiana

• Louisiana has not established a minimum wage, therefore
employees in the state are entitled to the federal minimum
wage.
• The Fair Labor Standards Act (FLSA) sets the minimum wage
at $7.25 for every hour worked.
• Minimum Wage of Tipped Workers: The FLSA allows
employers to pay workers who earn tips $2.13 per hour
provided that their total earnings, including tips, averages
the minimum wage.
Wage and Hour Laws in Louisiana

• Who does it apply to?

• With regard to Minimum Wage FLSA coverage applies to
those employers who are involved in interstate commerce
as well as the handling, production and selling of any goods
for that purpose.
• Exempt Employees:
• certain student learners,
• apprentices and
• outside salespersons,
• Commission based employment, among others.
Common Law

• Refers to principles established by the courts through the

issuance of judicial decisions
• Also referred to as case law
• Includes the general body of cases that interpret and
apply certain legal principles
Precedent

The decision by a court the first time the court hears an

issue and makes a ruling, which establishes how that issue
should be interpreted or applied in future cases
Administrative Law

Congress delegates this rulemaking authority to federal

agencies, and state legislatures delegate this authority to
state agencies.

These agencies then promulgate regulations, called

administrative regulations, and they have the same effect as
law.
U.S. Constitution

• The United States Constitution establishes the structure

of the federal government as well as its relationship to
state governments and their citizens.
• The federal Constitution is applied only to the federal
government; therefore, it applies only to employment
relationships in the public sector, because, under those
circumstances, the government is the employer.
• The federal Constitution does not govern the
relationships between individuals and private employers.
Key Points to Remember as You
Get Started
• Laws apply to different employers
• Laws are complex
• Determinations are fact specific
• Determinations are subjective
• Laws change
• Laws play various roles
Employment Relationships are
Unique
• Goals of employers and employees may be consistent or
inconsistent
• Relationship is unstable
• Job may symbolize different things to different people