There are federal and state laws that govern every aspect of the relationships between employees and employers. This includes everything from what the employee is paid (at least minimum wage) to how much they work (hours restrictions, meal and rest breaks). An employee’s official characterization (exempt vs. non-exempt, salary vs. hourly) can affect hours and pay. Many times, when an employee brings a claim related to their rights as a worker, the first consideration may be whether a worker is truly an employee. Sometimes, a worker may not even be an employee at all (independent contractor). When a worker is an independent contractor, many of the rights available to an employee (hours restrictions, overtime pay, meal breaks) are not available at all. Because so much more protection is provided to employees, the degree of control the employer has will dictate whether a person may be an independent contractor at all. Parties cannot even agree to have an independent contractor (as opposed to employee) relationship if the nature of the work implies control that says more “employee” than “independent contractor.” When individuals are involved in labor unions, there are more rules, some that will provide exceptions to regular labor law, and some that do not. Laws related to discrimination, workers compensation, and legally protected leave will most often stay in place in a union context
