| WHY IS EMPLOYMENT LAW SO COMPLEX? |
| Understand that typically legislative bodies of local, state and federal branches of government create laws that relate to workplace events, activity, or situations. These governmental bodies enact laws that regulate or address workplace behavior, employee rights and employer obligations [e.g., laws on discrimination, workplace safety, how one is paid, work hours, work related injuries, unemployment, trade secrets, confidential information, theft, and much, much more]. |
| Because it is impossible to enact legislation [laws] to address every conceivable event in the workplace [e.g., the numerous ways a law could be violated by an employee or employer], the legislative branches leave it up to the courts to interpret the law and apply it to factual situations presented to it by, for example, parties to a lawsuit. Just know that courts are sometimes responsible for "creating" many laws related to the workplace. Often newspapers describe this process as "the court expanding or limiting employer/employee rights" or "judge made law." |
| "Laws" also emanate from administrative bodies of government. What does this mean? Well, once a law is passed it needs to be enforced [or administered] by someone. Hence, there was the birth of omnipresent administrative agencies. Their charge is to develop procedural rules to effectively enforce legislation. Examples of administrative regulatory bodies are the California Labor Commission [this department enforces California's Labor Code]; the Employment Development Department [this agency administers unemployment benefits]; and the Department of Fair Employment and Housing [this department enforces state discrimination statutes]. Sometimes, administrative agencies issue precedent or interpretive decisions that may have the same force and effect of laws passed by federal or state legislatures. |
| To better understand the relationship of lawmaking, administrative agencies and enforcement, think about your driver's license. Way back there was a one paragraph law passed that mandated motor vehicle drivers had to be licensed. In order to enforce the law, the Department of Motor Vehicles was created, an administrative agency. The DMV promulgates rules regulating drivers licenses, including testing, renewal periods, record keeping, suspension or revocation of your license. |
| The legislature, the courts, and administrative agencies all contribute to the creation of laws that regulate employer/employee workplace behavior. I would estimate there are over 1 million pages of printed material relevant to employment law [our CD ROM employment law library consists of ten CD's. Each CD is capable of storing 650mb of information!]. |
| Add to all this the fact that employment law is in a constant state of flux due to "changes" or "updating" by those processes mentioned above and you get some idea as to why things can't be simpler. |
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