Employment law is a broad term that is used to describe a wide range of legal issues that may arise in connection with:
- Employees;
- Employers; and
- Safety conditions in the workplace.
For example, certain employment laws may apply in a case involving employment discrimination while other employment laws may be used to provide guidance when drafting employee handbooks or company policies. Employment laws were enacted to protect all individuals who are part of the workforce.
Protecting individuals in the workforce may include, but is not limited to:
- Establishing protection for employees in workplace disputes against a colleague, an employer, or a company;
- Ensuring that businesses do not discriminate against prospective job candidates or current employees in the interviewing, hiring, promoting, or terminating process;
- Granting certain rights to individuals who are self-employed or are considered to be independent contractors;
- Making sure that volunteers and interns are not victims of:
- Many other topics that can affect employment rights.
It is important to note that all employment laws may vary widely by jurisdiction. The rights and protections that an employee has in one state may not be available as protections under the laws of a different state.
It is also important to note that there are certain issues that may be governed by both federal and state employment laws, for example, pregnancy leave.
What Are Some Different Types of Employment?
Under the federal laws, the Fair Labor Standards Act (FLSA) and the Internal Revenue Code (IRC), there are a number of ways to classify employees. These federal laws provide two main categories for workers to be divided into, employees and independent contractors.
The groups of workers within these categories can be further subcategorized into various different types of employment. Examples of different categories of employment that a worker’s job may fall into include:
- Full time or part time employment;
- Seasonal or temporary employment;
- Independent contractors;
- Freelancers;
- Consultants; and
- Temporary workers. It is important to note that this type of employment differs from that of a worker who is considered to be a temporary employee.
It is important for both an employer and the employee to know which type of worker they are classified as. This is because the type of employment a worker has determines:
- What kinds of benefits they can receive, such as pension and benefits;
- What rights the individual has as a worker; and
- Whether they qualify for certain perks.
The worker’s classification will also have an effect on what sort of tasks the employer will legally be obligated to do, for example, withholding income taxes.
What Is the Meyers-Milias-Brown Act?
The Meyers-Milias Brown Act (MMBA) is a California law that governs labor management relations in government employment fields, including:
- Cities;
- Counties; and
- Most special districts.
The Act also serves to promote full communication between public agencies in the state and their employees. Under the MMBA, the governing body of a public agency is required to meet and provide certain things in good faith, including:
- Wages;
- Hours; and
- Other terms and conditions of employment with representatives of organized employee organizations, for example, unions or bargaining units.
Meeting and conferring in good faith is defined under the MMBA as having a mutual obligation to meet in person and promptly confer, upon request by either party, and continue for a reasonable amount of time in order to:
- Freely exchange:
- information;
- opinions; and
- proposals; and
- To endeavor to reach an agreement on matters that are within the scope of representation.
Scope of representation includes all matters that are related to employment conditions and relations between employers and employees, which may include, but are not limited to:
- Wages;
- Hours; and
- Other terms and conditions of employment.
The scope of representation, however, does not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.
What Does the Act Require?
The purpose and policies of the MMBA require that government employers in California, as noted above, must meet and confer in good faith with labor unions and representatives of recognized employee organizations regarding the following issues:
- Wages;
- Hours; and
- Other terms and conditions of employment.
What Does “Meet and Confer” Mean?
The Meyers-Milias-Brown Act meet and confer, as defined by the California Supreme Court, means that there is a duty to bargain with the goal of reaching a binding agreement between agencies and employee organizations. This duty requires a public agency to refrain from making any unilateral changes in the wages or working conditions of employers until such time as the employer and the employee’s association have bargained to the point of impasse.
The duty to meet and confer is imposed upon governing bodies of public agencies, including:
- Boards;
- Commissions;
- Administrative officers; or
- Other representatives who may be properly designated by law or by such governing bodies.
In one California case, this duty was imposed on a city mayor, as the chief executive of the city who was empowered by the city charter to make policy recommendations regarding city employees and to negotiate with the unions. This meet and confer requirement is imposed to foster communication and harmonious personnel management between employers and employees.
When Are Government Employers Required to Meet with Labor Unions?
Under union labor laws, including the MMBA, government employers in California are required to meet with labor unions upon request by either party. Both groups are required to meet as long as it is reasonable to freely exchange ideas.
What Happens if an Agreement Is Reached?
If an agreement is reached, the parties involved prepare a Memorandum of Agreement that details the terms of their resolution. This memorandum must then be submitted to the governing bodies of both parties for final binding approval.
What Happens if an Agreement Cannot Be Reached?
If the parties are not able to reach an agreement, they may agree to participate in mediation and split the cost. In some situations, the public agency may be required to participate in mandatory arbitration in order to resolve the dispute.
In general, however, the parties are not required to reach an agreement. The parties can end their negotiations if they are unable to reach an agreement.
Are There Protections for Employees Involved in Negotiations?
Yes, protections are provided to employees who are involved in negotiations. A public agency is required to allow an employee a reasonable amount of paid time off from work in order to participate in negotiations.
In addition, a public agency is not permitted to discriminate or retaliate against an employee for exercising their rights under the act.
What if Either Party Refuses to Meet or Violates the Act?
Any complaint about alleged violations of the MMBA can be filed with the Public Employment Relations Board. The Board will determine whether an unfair labor practice occurred and will determine the appropriate remedy.
Contacting an Attorney
If you have any issues, questions, or concerns related to an employment dispute, it may be in your best interests to consult with a labor lawyer to help resolve your issue. Your lawyer can determine if your employer has violated the requirements of the MMBA and provide advice regarding available resolutions.
