Although certain areas of employment law are specific with a fairly straight-forward answer, like the question of what is the federal minimum wage, most issues are not. Even within the minimum wage example, issues may arise as to whether state wage law applies or the federal Fair Labor Standards Act ("FLSA"). Many states have their own minimum wage rate which may be the same, lower or higher than federal law. Also, there are exemptions and partial exemptions from federal law. For example, there are minimum wage exemptions under the FLSA for babysitters, certain workers with disabilities, fishing workers, homemakers making wreaths, and more. There are special minimum pay rates for tipped employees and even students. These many and various exemptions and partial exceptions are quite specific but fact-intensive in application. How does one apply the tip credit and to whom does it apply? What kind of record-keeping is required? These are just some of the questions in an area that, at first glance, seems simple.
Continuing with the FLSA example, there is the text of the law itself to consider, the many regulations promulgated by the Department of Labor, opinion letters and other guidance from the Department of Labor and also court decisions which shed light on various fact patterns and which may not always agree with the Department of Labor (although the courts do give great deference to the Department of Labor's interpretations, the courts have not always agreed with an administrative agency's interpretations of the laws it is tasked to enforce). And, to make matters worse, employment law is constantly changing. What was good law yesterday may not be good law today.
For many questions relating to employment law, there is no one hundred percent guaranteed answer because every fact pattern is different. There are probabilities. The law is a human endeavor. Each judge is different, every jury is different too, and that must also be factored into the equation. Juries are much different in California than in Kansas and even a cursory review of decisions from these two jurisdictions demonstrates this. Every terminated employee's situation is unique. There may be close case law analogies which help but every case involves uniquenesses. Because this is life. A law library has many books for a reason. Thus, the need for experienced legal advice, particularly in complicated situations. Even the simple minimum wage question can have wrinkles, let alone convoluted factual patterns involved in wrongful discharge and other complex employment law questions.
Do not make the mistake of erroneously assuming the law is simply the application of common sense (although it helps to have some common sense too) to any given factual situation. It is not. A simple google search will not get the job done in most cases either. Understand there can often be at least 50 shades of gray in employment law, so get competent, sage advice or suffer the hefty consequences of employment law ignorance. Ignorance is not bliss.
http://www.employmentlawman.com/monday-morning-musings.html
Continuing with the FLSA example, there is the text of the law itself to consider, the many regulations promulgated by the Department of Labor, opinion letters and other guidance from the Department of Labor and also court decisions which shed light on various fact patterns and which may not always agree with the Department of Labor (although the courts do give great deference to the Department of Labor's interpretations, the courts have not always agreed with an administrative agency's interpretations of the laws it is tasked to enforce). And, to make matters worse, employment law is constantly changing. What was good law yesterday may not be good law today.
For many questions relating to employment law, there is no one hundred percent guaranteed answer because every fact pattern is different. There are probabilities. The law is a human endeavor. Each judge is different, every jury is different too, and that must also be factored into the equation. Juries are much different in California than in Kansas and even a cursory review of decisions from these two jurisdictions demonstrates this. Every terminated employee's situation is unique. There may be close case law analogies which help but every case involves uniquenesses. Because this is life. A law library has many books for a reason. Thus, the need for experienced legal advice, particularly in complicated situations. Even the simple minimum wage question can have wrinkles, let alone convoluted factual patterns involved in wrongful discharge and other complex employment law questions.
Do not make the mistake of erroneously assuming the law is simply the application of common sense (although it helps to have some common sense too) to any given factual situation. It is not. A simple google search will not get the job done in most cases either. Understand there can often be at least 50 shades of gray in employment law, so get competent, sage advice or suffer the hefty consequences of employment law ignorance. Ignorance is not bliss.
http://www.employmentlawman.com/monday-morning-musings.html
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