Employment Law A2 Coursework

Employment Law

Role of Employers and Government Agencies

Roger Karnes (2009) cites Charles Dickens' "A Christmas Carol" as an intellectual template for thinking about employer and employee relations, with the inherent warning that the boardroom will always put profits first, even at the expense of an employee's health and safety. During the 20th century, a social contract emerged between employees and employers that provided long-term employment, fair wages, and in some cases pensions. As the century grew long, the government took on a greater role when political representatives created protections for the unemployed, underemployed, minorities, and those without pensions. The role of government in regulating the relationship between employers and employees continued to expand when employee safety became a recognized issue that needed to be addressed.

The role of employers for protecting the health and safety of employees is widely recognized and many businesses take this responsibility seriously; however, the expanding role of the government in regulating this relationship reveals some employers take this responsibility too lightly (DOL, n.d.). The U.S. Department of Labor (DOL) is the primary federal agency responsible for ensuring that the numerous labor laws protecting both employees and employers are followed. Sanctions can extend from small fines to criminal prosecution.

Workers' Compensation Statues

The purpose of workers' compensation statutes is to provide benefits for employees who are injured on the job and to compensate dependents of workers killed while working (LII, n.d.). These statues have been enacted at the state level, although several federal statutes have been created that cover federal employees, miners, merchant marines, and harbor workers. The overall goal of workers compensation laws is to provide an equitable solution for both employees and employers, thereby reducing the need for costly litigation. In some states, the amount of the benefit has been limited to protect employers and co-worker liability cannot be pursued legally.

The workers compensation statutes are similar in all 50 states and typically require employers to purchase workers compensation insurance (LII, n.d.). The benefits paid to injured workers include covering all medical expenses and providing a salary while…