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Answers to Different Employment Law Myths

By Edited Feb 10, 2014 0 0

Employment law specifies the duties and rights not only of the employer, but also his current and former employees. In addition, it specifies the rights of applicants and protects them from illegal hiring practices.

As an employer, you are supposed to be aware of your authority in the workplace as well as your obligations to your employees.

Because the relationship that you have with them is complex, it is an advantage that this law covers all kinds of issues or problems that may arise in the workplace like discrimination, harassment, leaves, and overtime pay.

If you do not have enough knowledge about your rights and responsibilities in the workplace, these different employment law myths can be useful to you:

Myth 1: I can be sued by my employees if I am mean or rude to them.

Fact: There is no law which prohibits you from being mean or rude.

Although the law prohibits you from harassing your employees, you may be spared from an employment case if the reason why you are doing it is legal.

If you are harassing him because of his religion, age, gender, disability, race, and national origin, you may be asked to compensate the victim for the suffering you have inflicted on him.

On the other hand, if you are being mean to an employee because you do not like the way he carries himself or because you are in a bad mood, then you may not be liable in a case.

Myth 2: I am required to provide overtime pay to all of my employees.

Fact: Not all your employees are entitled to overtime pay. Professional or administrative, executive, and salaried workers who are tasked to monitor the performance of other employees or make and important decisions or judgments are some of the workers who are not entitled to receive overtime pay.

Here are other examples of employees who are exempted from it:

  • Volunteers
  • Criminal investigators
  • Employees who are responsible in selling services and goods to people and those who often work outside of the company
  • Employees who are engaged in a fishing operation
  • Small farm employees
  • Some computer experts like software engineers, programmers, and system analysts who are being paid around $27.63 for every hour

Myth 3: I have the right to terminate employee, even If I do not have a good reason for it.

Fact: You can fire employees, specifically ones who are employed at-will, for any reason as long as it will not violate their rights.

For example, you cannot fire a certain employee on the basis of his age, gender, religion, race, national origin, or disability. If you terminated an employee because he is a member of a protected class, you may be sued for wrongful termination.

If you want to know more about these myths, you can consult a Los Angeles employment lawyer.

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