Labor laws, which are also referred to as employment laws, are a broad body of rules, regulations, and laws that apply to employment settings. These laws govern the interactions that occur between employees and employers.
The goal of this body of laws is to protect the rights of employees. There are two main broad categories of employees, including at-will employees and contingent workers, for example, contract workers.
In the majority of states, employment is at will. This means that an individual’s employer is permitted to terminate that employee from their position for any reason, as long as that reason is not illegal.
Employment laws in every state also regulate employment contracts, including the clauses an employer or employee may find within their employment contract. Employment contracts are the agreements that are made between employers and employees that outline the employee’s basic responsibilities.
Typically, an individual’s employment contract will specify that they are an at-will employee. If, however, an individual’s employment contract does not specify an employee’s status and that employee is terminated without reason, they may be able to argue that their termination was wrongful.
The employee who was terminated may be able to argue that they were only allowed to be terminated for good cause according to their employment contract. There are several different types of employment contracts that an employee may be required to sign, including:
- A confidentiality agreement: This provides that the employee will not share any proprietary information regarding the company;
- A non-compete agreement: This provides that the employee agrees that, for a specified period of time after the employment ends, they will not work for a competing company or take away the company’s customers;
- An arbitration agreement: This provides that the employee agrees to arbitrate any disputes that arise with the employer rather than going to court; and
- A termination agreement: This provides that the employer may terminate the employee for any reason.
An employee should always carefully review any employment contract before they sign it. Additionally, they can seek the assistance of an attorney who can review their contract and advise them regarding any issues they should consider or resolve before signing the contract.
Common types of disputes that arise involving labor law issues include:
Labor lawyers can also be referred to as employment lawyers. Typically, however, the term labor lawyer is used to refer to a lawyer who is involved in a case regarding a union dispute.
What Should Employers Consider?
An employer should be aware of all of the applicable federal and state labor laws that they are required to comply with. An employment lawyer can assist an employer in many ways, including:
- Preparation of employee brochures and handbooks regarding company policies;
- Drafting employment contracts and offer letters or agreements;
- Helping to organize any drug and alcohol regulation policy;
- Investigation of employment misconduct in the workplace;
- Assisting with ensuring compliance of federal, state, and local laws, including wage and hour regulations;
- Complying with federal and state health and safety standards; and
- Protecting employee privacy interests.
A labor lawyer can also advise an employer regarding workplace union issues. If the employees are already represented by a union, a lawyer can advise the employer regarding their rights in situations, including:
- Union operations at the site;
- Collective bargaining; and
- Grievance procedures.
What Rights do Employees Have?
Employees have numerous rights at work, including the right to be free from discrimination prior to and during their employment. The Equal Employment Opportunity Commission (EEOC) handles employee claims of discrimination based on:
- Race;
- Ethnicity;
- Religion;
- Age;
- Gender;
- National origin; or
- Sexual orientation.
The Occupational Safety and Health Administration (OSHA) handles cases that involve health and safety in the workplace. The Department of Labor’s Wage and Hour Division handles complaints from employees related to:
- Unpaid wages;
- Unpaid overtime; and
- Family and medical leave.
It is important to note that there are also state laws and agencies that may handle these issues. The majority of states have a department of labor or an equivalent as well as agencies that handle health and safety in the workplace.
Because of the numerous laws and agencies involved in these issues, it is helpful to have the assistance of a lawyer. For an employee, an employment lawyer can provide them with advice regarding their rights and duties as well as ensure that they are treated fairly and their interests are protected.
Employment lawyers who represent employees assist them with many issues, including:
- Wage and hour violations by employers;
- Employment contracts and wrongful termination;
- Employee healthcare and other benefits;
- Breaches of individual employment contracts as well as other agreements;
- Safety and health regulations under OSHA;
- Discrimination in the workplace based on membership in a protected class;
- Sexual harassment in the workplace;
- Minimum wage and overtime regulations;
- Injuries on the job and workers’ compensation; and
- Issues involving whistleblowing.
If an employee believes their rights have been violated and they are a union member, they would most likely first consult with their union. Unions often have grievance procedures for resolving complaints against an employer by an employee.
If the union member believes the union violated their rights, it may be helpful to consult with a labor lawyer.
What Are the Labor Laws of Kansas?
In the State of Kansas, there are federal laws that provide employees with basic rights. State labor laws can only provide additional rights to those that are provided by federal law.
Because of this, Kansas labor laws are supplemental to federal labor laws.
What Is Part-Time vs. Full-Time Employment in Kansas?
In Kansas, the difference between full-time employment and part-time employment is not defined by the state government or by the federal government. Instead, it is up to individual employers to create guidelines for what constitutes full-time and part-time work.
What Is the Minimum Wage in Kansas?
The minimum wage in Kansas is currently $7.25 an hour. This is the same amount as the federal minimum wage, as provided in the Fair Labor Standards Act (FLSA).
What Is Overtime in Kansas?
Under Kansas law, an employee is only permitted to work 46 hours one 7 day week and any hours worked over that time is considered overtime. The FLSA provides that the standard workweek is only 40 hours in a 7 day week.
However, this only applies to an employer that participates in interstate commerce or whose annual sales total is at least $500,000. Any additional hours worked over these periods will entitle the employee to be paid 1.5 times their regular pay rate.
Certain employees, however, including executives and other higher-up salaried employees, are exempt from overtime pay.
What Are Health Benefits in Kansas?
Employers in Kansas that have 50 or more full-time employees are obligated under the Affordable Care Act (ACA) to make health insurance available to the full-time employees. Otherwise, an employer is not required to provide any health benefits to its employees under either federal or Kansas state law.
What Are the Discrimination Laws in Kansas?
Kansas employees are protected by both federal and state prohibitions against personal characteristic discrimination. It is illegal for a Kansas employer to make an employment decision based on the employee’s:
- Gender;
- Race;
- Age;
- Color;
- Ancestry;
- Disability;
- Religion; or
- Country of national origin.
What About Time Off in Kansas?
The federal Family and Medical Leave Act (FMLA) grants an employee the right to take up to 12 weeks of unpaid leave to handle a medical emergency or to take care of a family member who is having health problems. Kansas does not provide any additional employment leave requirements specific to the state.
Where Can I Find a Local Lawyer to Help Me?
If you are an employee who believes their employer has violated their rights, it is important to consult with a Kansas labor lawyer as soon as possible. Your lawyer can explain your rights, advise you of what remedies may be available, and represent you throughout the legal process.
