Events in recent years put a renewed spotlight on the workplace and employment law in the U.S. For instance, high-profile cases of sexual harassment resulted in an outpouring of women speaking up about sexual harassment in the workplace. This points to the important role of human resource (HR) management in protecting workers’ rights.
There are laws at federal, state and even municipal levels that protect employees. In addition to protecting employees from discriminatory practices and harassment, these laws cover hiring and firing, workplace safety, fair pay, family and medical leave, and much more. These laws even cover candidates during the hiring process.
Given the complexities of employment law, it is not surprising that HR management positions often require an advanced degree. A Master of Business Administration (MBA) is one example. At Northwest Missouri State University, the online MBA in Human Resource Management program includes a course in Advanced Human Resource Management that places special emphasis on legal and ethical concerns.
What Is Employment Law?
What is workplace discrimination? Are hourly workers entitled to overtime pay? Can employers run background checks on job candidates?
Employment law can answer all these questions. Employment law covers the rights and responsibilities of employers and workers. The U.S. Department of Labor (DOL) oversees more than 180 federal laws for roughly 150 million workers spanning 10 million workplaces. A few of the more common employment law areas include:
- Discrimination and Harassment. The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws related to discrimination. Sexual harassment is one example. Other forms of harassment relate to race, religion, sexual orientation, national origin, age, gender identity, disability and genetic information.
- Worker Health and Safety. Workplace safety is protected under the Occupational Safety and Health (OSH) Act, administered by the Occupational Safety and Health Administration (OSHA). For example, the OSH Act mandates that all workers receive required training in a language and vocabulary they can understand.
- Payment, Including Wages. The Fair Labor Standards Act (FLSA) regulates hourly wages, overtime pay, unpaid wages and other issues related to payments. It also governs child labor, with stipulations in place to protect children from working in jobs considered unsafe.
- Health and Retirement. The Employee Retirement Income Security Act (ERISA) covers compensation and benefits, including non-wage compensation such as health insurance and retirement (or pension) plans.
- Unpaid Leave. The Family and Medical Leave Act (FMLA) provides job protection under certain circumstances for employees who take unpaid leave, such as for the birth or adoption of a child or a serious family illness.
What Do HR Managers Need to Know About Employment Law?
The first thing to know about employment law is which laws apply to a particular business. Not all laws apply to all employers. Therefore, HR managers need to understand applicable employment law to protect the rights of their employees. In the process, HR managers can help their companies avoid lawsuits, fines and legal expenses.
For example, when it comes to family and medical leave, small business owners may not have the same obligations as larger corporations. Similarly, the minimum wage in many states and some cities is higher than the federal standard of $7.25 per hour. As of July 2024, the DOL reports that 30 states, the District of Columbia and three U.S. territories have a higher minimum wage. In this case, employers must pay the higher rate.
How Does Employment Law Evolve?
Employment law and workers’ rights regulations advance continuously — evolving rules to protect workers in extreme heat being a prime example. Yet harassment headlines continue, including the role of HR in handling reported cases. Unfortunately, few harassment victims make formal complaints. Fear of losing their jobs is a reason many anonymous victims cite for not going public with harassment allegations. HR managers need to understand how to respond to these situations in accordance with the law.
It is easy to think of HR as the department that deals with hiring and firing. But one look at an MBA program in HR management makes it clear that there is much more to this career. HR managers must be well-versed in topics related to corporate recruitment, compensation and benefits, and organizational training and development.
With the recent surge of sexual harassment claims and the complexities of differing regulations across state lines, HR managers also need to be up to date on employment laws and changing environments. HR managers who fully understand compliance can create policies and procedures to maintain a safe, healthy workplace where employees are protected by the full scope of employment law.
Learn more about Northwest’s online MBA in HR Management program.
