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March 18, 2013

The Law and Your Job

How Law Affects the Workplace

Does it matter if a person works for a government instead of a private employer?

Yes, it makes a big difference. Generally, labor contracts and federal and state laws regulate the relationship between a private sector employee and employer, such as a retail business or a manufacturer. The public sector employer, however, works for government and is subject not only to the labor contracts and laws but also to the restrictions imposed by federal and state constitutions. For example, the First Amendment restriction on government interference with free speech prohibits a governmental employer from disciplining a worker who speaks out on issues of public concern. The First Amendment, however, generally does not apply to a private sector employer and thus does not prohibit a private sector employer from discharging such an employee. In addition, most governmental employment is also regulated by civil service rules.

>>Is there a single law of the workplace?
>>Does it matter if a person works for a government instead of a private employer?
>>What is the legal significance of a union contract?
>>Do workplace laws cover independent contractors?
>>What is the distinction between employees and independent contractors?
>>What about temporary workers?
>>What about part-time workers?


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