Employment Laws

Less than a century ago, there was little or no protection for employees. Employers were basically able to treat their employees however they wanted, often paying them wages as low as possible while working them as long hours as they could get out of them. Working conditions were often downright filthy, if not hazardous to boot, and workers were offered no benefits such as health insurance or worker’s compensation in the event of an accident on the job. Even children were subjected to this employment abuse. The government created employment laws to regulate all this and eventually keep this from happening all together.

Employment law protects employees from any mistreatment by their employers. Thanks to the working conditions described above, laws to establish fair wages, limit the number of hours worked in a week, and prevent children from being exploited were among the first components of employment law. Rules were also established to regulate the cleanliness of the workplace, and employers were required to take precautions to protect their employees and prevent dangerous accidents. These initial efforts are still an important part of employment law, although they have been improved and expanded as needed over the years.

Employment law protects other rights of employees, too. Employment Laws have been passed to establish standards that employers must follow in providing benefits, such as health insurance, to their employees; this includes additional coverage for health problems that arise due to conditions of the job or workplace. Employment law also includes protection against discrimination in the workplace based on race, gender, religion, disability, or veteran status, and makes provisions for the employment of foreigners. Employment law is a vital part of our government’s efforts to protect our rights as human beings.

Employment laws ensure that employees cannot be overworked, placed in an unhealthy or dangerous environment, or rendered unable to work without appropriate compensation. Employment law also guarantees that workers can’t be unfairly discriminated against, and allows foreigners a period of time during which they can legally work in the country. Employment laws are what stand between modern employees and such crimes as became widespread during the Industrial Revolution. Employment laws work to protect the worker and ensure that the environment to which they work is as safe as possible. Programs created by government agencies are used to keep employers aware of the law, and to make employees feel supported at all times.

These programs are effective in keeping businesses on their toes, and defending clients that are mistreated. Many times these agencies, both state wide and national will sue a company when the violate the law and create a situation where the worker can gain financially. This occurs in cases of discrimination and similar situations where an employee feels lost and defeated by an employer or business.

Intimidation goes away when special employment agencies step in to check the businesses and receive personal gain for the employee. This occurs in other situations as well, but mostly discrimination. Employee laws usually are harsh on the business and fair to the worker.

Child Support Laws

Child support law falls under family law and deals with issues regarding money. Child support laws require a parent that does not have custody of their child to pay a monthly amounted child support. This amount is usually based on a persons income and differs person to person and state to state. This law encourages parents to take responsibility for their children and also keeps people from using government assistance. Many times child support laws require that a parent be incarcerated for failing to provide child support to the parent that has custody of their child. A parent can be sentenced to jail time for up to six months, and are still responsible for the amount owed added to what they must pay in the future. Child support law requires that a parent pay child support for up to eighteen years until the child is officially of legal age to take care of themselves. Child support laws do not make exceptions if a parent is unemployed, filing bankruptcy, or even homeless, they are required to pay and the child support laws are enforced to the fullest extent if they don’t. The state has the right to suspend a parents driver’s license and any business license that they may have. This usually occurs for a period of up to thirty days or longer if this persists. Child support law is very strict and can ruin a families life. A parent will be charged with a felony offense if they fail to obey the law. This offense is placed on the record of the parent and can keep them from gaining employment anywhere. Child support laws create chaos in a persons life very quickly.

Another important aspect of child support is that of contact. Physical contact and interaction is just as important in child support law to ensure that the child is raised properly. Many times states will require that along with paying a monthly amount of money, the parent must visit the child a certain amount of time each month as well. This relieves the parent that does have custody and goes along with joint custody proceedings. Research shows that in most cases, the father is paying child support to the mother in a given situation. This is so because the child custody laws currently favor women, making them the parent with custody. Child support law is effective in ensuring that a child gets all the needed support and finances necessary to live healthy and safely. These laws also work out well for the state in that they lower budget costs each year in programs life welfare, WIC, and section eight. Also, it keeps tax payers from having to foot the bill for dead beat parents who choose to not take care of their child. Every state reserves the right to monitor each situation as they see fit and on a conditional basis each time. The most important this to remember is the child support laws are meant to keep the child first in everyone mind.

Child Custody Laws

Child custody laws fall under family law, and deals with matters regarding children. In the United States historically, child custody law has favored the mother. In the past men typically lost custody of the children, and or share it with the mothers. Very seldom did fathers gain custody of the children. Usually, something had to be wrong at the mothers household for fathers to receive custody. Many people have come up with reasons why child custody law has favored women considering, dead beat dads, the close bond that mother and child have, the natural parenting instincts of women, or because the courts are run on old values that expect a mother to be home with child.

Fathers rights in custody battles have increased and become more significant in the past few years. Child custody laws began to change because psychologists and social workers decided to offer their view of how divorce can hurt the children. They also displayed the need to focus on the children who should be most important. Children need to have both parents in their lives equally, and studies have proven it necessary. Child custody laws give fathers the opportunity to have a greater impact in the life of their child. Many of the decisions made will be made on a joint basis between mother and father, and create a sense of unity, even in a broken family. Although many states still favor the women in child custody laws, joint custody offers an alternative to having to choose sides. Men should be considered on the same level in child custody law, because they are in essence equal to the mother. However, this is not the case, and fathers have to fight to receive equal rights. Fathers’ rights organizations have worked to fix the equality problem that exists in the United States currently.

Many times the regulations of child custody law make cases get nasty, where both parents will try to make false claims regarding each others sex lives, parenting skills, history of abuse, financial situation, and educational background. In these cases is best to retain a lawyer to weed out the unnecessary issues that digress from the most important issue, the child. In a situation where a parent is unfit to care for a child because of drugs, alcohol, or another abuse, visitation may be granted. Child custody law requires that the parent with custody be stable enough financially, mentally, and physically to take care of the child. Visitation is given on a case by case basis and according to the reason for it may be both monitored or unmonitored. Monitored visits are usually done at a central location with a social worker or a case worker present, and has a set period of time limit. These visits can be given frequently or very seldom, and can be taken away at anytime. Child custody law are designed to resolve issues of separation, divorce, or other reasons, but the most important purposes are to keep the child safe, healthy, and the first priority at all times.

Divorce Law

A divorce is when two married individuals decide to no longer remain married. The United States constitution does not legally endorse a divorce and gives no right for a couple to do so. However, divorce law does work to satisfy public policy and do what’s best for the community as a whole. During the divorce process, most divorce law requires a cooling off period known as a separation period. This gives the couple time to think about the decision to divorce, and gives them a chance to work on any problems they may behaving and fix them.

Divorce law is very specific to each state individually regarding the specific of it. However, generally speaking divorce law remains the same across the country. Courts recognize two types of divorces, absolute divorce and limited divorce. These two types vary state to state, but must be incorporated into a state’s divorce laws. To obtain an absolute divorce, divorce law requires some type of evidence showing the misconduct or wrongdoing on one spouse’s part. Divorce laws recognize an absolute divorce is a judicial termination of a legal marriage. An absolute divorce results in the changing back of both parties’ statuses to single. Divorce law defines a Limited divorces as a separation decrees. Divorce laws require this to result in termination of the right to cohabitate but the court refrains from officially dissolving the marriage and the parties’ statuses remain unchanged. This happens usually when both parties are being difficult and or the reason for divorcing is unsolved. Some states divorce laws permit conversion divorce. Conversion divorce transforms a legal separation into a legal divorce after both parties have been separated for a recommended period of time. this happens when a couple can not provide any reasoning to divorce but remain separated and dating others.
Many states have enacted no fault divorce law. No fault divorce laws do not require showing spousal misconduct and are a response to outdated divorce statutes that require proof of adultery or some other unsavory act in a court of law by the divorcing party. Nevertheless, even today, not all states have enacted no fault divorce statutes.

Instead, the court must only find that the relationship is no longer viable, that irreconcilable differences have caused an irremediable breakdown of the marriage, that conflict of personalities have destroyed the legit ends of the marital relationship and prevents any reasonable possibility of reconciliation, or that the marriage is irretrievably broken. All these reasons can usually be found in any marriage. Divorce law does not allow people that mistakenly got married to divorce just because of that reason. Instead divorce laws allow what is known as an annulment. An annulment is when two parties make a divorce null and void as if it never happened. There is usually a time period associated with this as well as provisional requirements that are mandated by the state specifically. Divorce is a serious and life changing journey to embark on. Many people seek legal advice and hire lawyers to divide up assets and sort out matters of the family and alike.

Gun Laws

Gun laws in the United States vary from state to state and are independent of, existing federal laws. Some U.S. states have also created assault weapon bans that are independent of, the federal assault weapons ban. The state level bans vary significantly in their form, content, and level of restriction. Forty four states have a provision in their state constitutions similar to the Second Amendment of the Bill of Rights. Exceptions to this gun law provision are California, Iowa, Maryland, Minnesota, New Jersey, and New York.

Gun law states that those with a license to carry a gun are subject to the gun laws of the state they are in, not the state in which the permit was issued. Reciprocity between states exists for certain licenses, such as concealed carry permits. These are recognized on a state-by-state basis. For example, Arizona recognizes a Nevada permit, but Nevada does not recognize an Arizona permit. Florida gun laws allow the state to issue a license to carry both concealed weapons and firearms, but others license only the concealed carry of firearms. Some states do not recognize out of state permits to carry a firearm at all, so it is important to understand the gun laws of each state when traveling with a handgun. When planning a trip it can be very confusing to match the concealed carry weapon permit to the state gun laws. In many cases, state gun law can be considerably less restrictive than federal gun law. This does not offer any immunity against prosecution for violations of the federal gun laws. However, state and local police departments are not legally obligated to enforce federal gun law and usually do not. In the United Sates, each state is allowed to make their own laws and restrictions on guns.

In Massachusetts, a person is required to pass gun safety course before being issued a license to carry which is required to acquire and operate a gun legally. All applicants must go through the Massachusetts State Police Department to be allowed to legally use a gun. All of the paperwork, fees, and fingerprints are taken at the station to ensure safety. In the state all gun owners are to use the guns for protection, and sporting only. The collecting of guns is only allowed when there is a significant reason to do so. For example, a person may not collect guns just to have more of them, they must need it for historical purposes, lecturing, display, or testing. These gun laws are strict in this area because not much hunting goes on here. In a state that is big on hunting gun law is a lot more lenient. The United States as a whole has worked diligently to harden the gun laws across the nation. Most states restrict the casual selling of guns between parties, and require businesses to be licensed to deal guns in a given state. The state is the regulator in how specifically a person can go about operating such a business. The purpose of gun law is to regulate, and protect innocent people from harm.

Because the scope of labor law has grown so wide, many countries have formed national government level agencies to deal with labor issues. These agencies formulate new labor laws, perform inspections, and enforce existing labor law. They may also educate workers about their rights and responsibilities, and assist employers with understanding and following the labor code. Good labor laws are only as good as their enforcers, which is something that consumers should consider. A country is allowed to make their own labor law, but legislation is useless without inspection agents and law enforcement to back it up. For example, in many countries labor law against child labor exists, which is a continuous problem in the developing world. Some ways that a consumer can combat child labor is by not consuming any product or service that is connected directly or indirectly to child labor. Businesses can also do this as well by refusing to do business with these type of companies. This is an affective way to not only aid labor law but to also dry up any business or profit that businesses using child labor depend on. Many times employers and business owners will overlook this and do business with them anyway. Although a business will save money this way, it is very unethical and is not encouraged. In this form, labor laws tie into international law, which requires that each nation as a whole demonstrate strong ethics in this part of the law. Labor laws are designed to protect first and foremost, the second part of it is regulation, and the third part is penalization.
When employment is regulated issues arise at the very least rather than on a consistent basis.

Additionally, each state in the United States has a Implied Consent law, which states that those with a drivers license have agreed to submit to taking a chemical test when asked properly by a police officer. DUI law in some states permits a guilty judgment to be made in an event that a driver refuses to submit to a chemical test. A driver basically proves in that moment that a police officer was accurate in his/her assumption that they were driving under the influence.

Some states are more lenient that others in regards to DUI law, however it is usually on the first offense only. In general, states require drivers to attend an alcohol Oasis class, which is used to evaluate a driver and see whether or not they have an alcohol abuse problem. In almost all cases DUI laws require a person to be taken to jail, and pay some fines. Sometimes states will require that a person get a wheel interlock system put into their vehicle. This device is has been increasingly adopted in more states to prevent drunk driving.

What it does is lock the drivers wheel until they blow into the device and assure that they are under the legal limit. After this is done the car will then and only then be able to start. This added penalty to DUI law has saved lives and made it easier on the court system to regulate it as well. In many states this device is used in a second offense or worse, however in some stricter states it can be used first. The wheel interlock device has created controversy with some that believe it imposes on a persons rights. The flip side to this is that once a person breaks the law, they are subject to losing their rights and privileges anyway. This device is a great way that someone can avoid jail.

Drinking and driving is extremely dangerous and can cause death among the drunk driver and others. DUI laws are respected because every year the majority of motor vehicle deaths are related to drunk driving. The purpose of DUI law is to regulate the dangerous behavior of individuals who are under the influence, and save lives.

This has angered some who advocate traditional family values, because it appears to encourage couples to resort to divorces rather than to address the reasons for problems in their relationships.
The most contentious family issues today are those dealing with child custody. Child custody had been traditionally awarded to mothers during the twentieth century, but as the father’s role in the family evolved, family laws changed to allow fathers custody, and eventually, the concept of joint custody was created. In joint custody, both parents share the responsibility of taking care of the child. Court decisions do not always make both parents happy. The Uniform Child Custody Jurisdiction Act or UCCJA was enacted by states in the United States because it was previously possible for a parent who was unhappy with a family court ruling in one state to kidnap the child in order to receive a more favorable decision in a different state. The UCCJA did not prove to be effective, so Congress passed the nineteen eighty Parental Kidnapping Act at the same time the United States adopted the Hague Convention on the Civil Aspects of International Child Abduction, which has served to enhance the effectiveness of family law. The federal government now governs parental kidnapping cases, and the convention allows for the protection of custodial rights even beyond national borders.

In many ways the government has become more aggressive in the area of family law. Although states are allowed to make their own family laws, every state has to keep these laws in line with the national amendments and mandates. One notable change is how family laws have been broadened to encompass couples who do not choose to marry. The Uniform Reciprocal Enforcement Support Act or URESA is an example of how the federal government has become more aggressive in collecting custodial support, because parents who are not receiving the required support are more likely to apply for welfare support. URESA allows for a person seeking custodial support from someone living in another state to sue for payment in his or her state of residency. This also gives the government to an opportunity to doge paying funds to support families unnecessarily. Family law is an increasingly important area of legal studies, with many law schools offering numerous elective courses on the subject and the bar exam testing knowledge of this area of law. Furthermore, family law is evolving as the national debate surrounding family continues.

You can see an example of the second type of law when looking at building codes. Building codes are a classic example of rules that are put in place and enforced to protect the public health and safety. They also demonstrate how changes take place over time as society learns new things and why upon your arrival on the scene things seem like a complicated mess.

Laws and rules are constantly changing. One of the most interesting changes I have noted in my lifetime has been the change in smoking rules and regulations. When I was a kid people could and did smoke anytime, anywhere, in any public place. They smoked in airplanes, restaurants, offices, movie theaters, meeting rooms and so on. There were absolutely no restrictions on smoking because a majority of adults in the United States smoked. Look at how things have changed. It is now illegal to smoke in virtually any public area. Smoking laws have forced people to stand outside of office buildings to smoke. It was an amazing transformation to watch. In terms of social change timelines it happened very quickly. The thing that caused this change was the fact that smokers lost their majority in the population. As people have realized how unhealthy smoking is, people have stopped smoking in record numbers. Once non-smokers held a decided majority, all the laws changed. Let’s say you find a law or rule that you think is unreasonable. To change it, all you have to do is convince a majority of voters to agree with you and work toward changing a law through your congressman or other elected officials. It is really as simple as that.