Employment Law Overview
Employment Law Resources
Related Practice Areas
Employment law governs the relationship between workers and their employers. This law, contained in federal and state statutes, administrative regulations, and judicial decisions, specifies the rights and restrictions applicable to each party in the workplace. Employment law differs from labor law, which primarily deals with the relationship between employers and labor organizations.
Employment law in the United States regulates such issues as employee benefits, discipline, hiring, firing, leave, payroll, health and safety in the workplace, non-compete agreements, retaliation, severance, unemployment compensation, pensions, whistle-blowing, worker classification as independent contractor or employee, wage garnishment, work authorization for non-U.S. citizens, worker's compensation, and employee handbooks.
When an employer promulgates a policy regarding an issue in the workplace, generally, that policy is legally binding provided that the policy itself is legal. Policies can be communicated in various ways: through employee handbooks and manuals, memos, and union contracts.
Relevant federal statutes on employment law include the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, Age Discrimination in employment Act of 1967, Fair Labor Standards Act, Occupational Safety and Health Act, Employee Retirement Income Security Act, and Family and Medical Leave Act, though many more federal and state laws and regulations govern virtually every aspect of the employer/employee relationship in the workplace.
Show Extended SummaryFeatured Cases 
- In re: C.H. Robinson Worldwide, Inc., Overtime Pay Litigation
Minnesota District Court
Labor: Fair Standards
Filed: July 13, 2007
Last Docket Report Change Found: April 22, 2009
(April 21, 2009) - Wachovia Securities LLC Wage and Hour Litigation
California Central District Court
Labor: Fair Standards
Filed: March 1, 2007
Last Docket Report Change Found: April 22, 2009
(April 21, 2009) - Nam Nguyen v. BDO Seidman. LLP et al
California Central District Court
Contract: Other
Filed: November 15, 2007
Plaintiff: Nam Nguyen Defendant: BDO Seidman. LLP, DOES
Last Docket Report Change Found: April 19, 2009
(April 18, 2009) - In Re: Novartis Wage and Hour Litigation
New York Southern District Court
Labor: Other
Filed: October 31, 2006
Plaintiff: Simona Lopes, Simona Lopes, Simona Lopes, Simona Lopes, Simona Lopes and others... Defendant: Novartis Corporation, Novartis Corporation, Novartis Corporation, Novartis Corporation, Novartis Corporation and others...
Last Docket Report Change Found: April 17, 2009
(April 16, 2009) - Tagore v. UNITED STATES OF AMERICA
Texas Southern District Court
Plaintiff
Filed: January 6, 2009
Plaintiff: Kawaljeet K. Tagore; Defendant: UNITED STATES OF AMERICA
Last Docket Report Change Found: April 17, 2009
(April 16, 2009)
Dockets 
- Trustees of the Unite Here National Health Fund et al v. Peerless Umbrella Co., Inc.
New York Southern District Court
Employee Retirement Income Security Act of 1974
Filed: April 23, 2009
Plaintiff: Trustees of the Unite Here National Health Fund, Trustees of the Unite Here National Retirement Fund Defendant: Peerless Umbrella Co., Inc.
(April 22, 2009) - HUMMEL v. ADELPHIA GRAPHIC SYSTEMS, INC.
Pennsylvania Eastern District Court
Fair Labor Standards Act
Filed: April 22, 2009
Plaintiff: JAMES E. HUMMEL, JAMES E. HUMMEL Defendant: ADELPHIA GRAPHIC SYSTEMS, INC.
(April 21, 2009) - Transport Workers Union of Greater New York, Local 100,AFL-CIO v. Mile Square Transportation,Inc
New York Southern District Court
Labor/Management Relations
Filed: April 22, 2009
Plaintiff: Transport Workers Union of Greater New York, Local 100,AFL-CIO Defendant: Mile Square Transportation,Inc
(April 21, 2009) - MUTH v. LSI CORPORATION
Pennsylvania Eastern District Court
Employee Retirement Income Security Act of 1974
Filed: April 22, 2009
Plaintiff: EDWIN MUTH Defendant: LSI CORPORATION
(April 21, 2009) - Sodexo, Inc. v. Local 100, Unite Here
New York Southern District Court
Labor/Management Relations
Filed: April 22, 2009
Plaintiff: Sodexo, Inc. Defendant: Local 100, Unite Here
(April 21, 2009)
Legislation 
- Bill Signed by President: S.181 Lilly Ledbetter Fair Pay Act of 2009
A bill to amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes.
January 29, 2009: Signed by President.
(January 27, 2009) - Bill Introduced: H.R.739 Victims of Abuse Insurance Protection Act
To promote the economic security and safety of victims of domestic violence, dating violence, sexual assault, or stalking, and for other purposes.
(January 26, 2009) - Bill Introduced: H.R.399 To direct the Secretary of Labor to make a grant to a public ...
To direct the Secretary of Labor to make a grant to a public university to establish the Center for the Study of Women and Workplace Policy.
(January 7, 2009) - Bill Introduced: S.182 Paycheck Fairness Act
A bill to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
(January 6, 2009) - Bill Introduced: H.J.Res.10 Denouncing the practices of female genital mutilation, domestic ...
Denouncing the practices of female genital mutilation, domestic violence, "honor" killings, acid burnings, dowry deaths, and other gender- based persecutions, expressing the sense of Congress that participation, protection, recognition, and equality of women is crucial to achieving a just, moral and peaceful society, and for other purposes.
(January 5, 2009)
Regulations 
- Rule - Temporary Agricultural Employment of H-2A Aliens in the United States
Employment and Training Administration
Rule
Temporary Agricultural Employment of H-2A Aliens in the United States
,
17597-17601 [E9-8815]
DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Part 655 RIN 1205-AB55 Temporary Agricultural Employment of H-2A Aliens in the United States AGENCY: Employment and Training Administration, Labor. ACTION: Interim Final Rule. SUMMARY: The Department of Labor (``Department'' or ``DOL'') is amending its regulations to extend the transition period of the application filing procedures currently in effect for all H-2A employers with a date of need on or before July 1, 2009, as... [read document]
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(April 15, 2009) - Rule - Investment Advice - Participants and Beneficiaries
Employee Benefits Security Administration
Rule
Investment Advice - Participants and Beneficiaries
,
11847-11848 [E9-6210]
DEPARTMENT OF LABOR Employee Benefits Security Administration 29 CFR Part 2550 RIN 1210-AB13 Investment Advice--Participants and Beneficiaries AGENCY: Employee Benefits Security Administration, Labor. ACTION: Final rule; delay of effective date and applicability date. SUMMARY: This document delays the effective and applicability dates of final rules under the Employee Retirement Income Security Act, and parallel provisions of the Internal Revenue Code of 1986, relating to the provision of... [read document]
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(March 18, 2009) - Rule - Testimony by FLRA Employees and Production of Official Records in Legal Proceedings
Federal Labor Relations Authority
Rule
Testimony by FLRA Employees and Production of Official Records in Legal Proceedings,
11639-11643 [E9-5694]
Rules and Regulations Federal Register FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Parts 2411 and 2417 Testimony by FLRA Employees and Production of Official Records in Legal Proceedings AGENCY: Federal Labor Relations Authority. ACTION: Final rule. SUMMARY: This final rule amends the Federal Labor Relations Authority's (FLRA) rules by setting out procedures for requesters to follow when making demands on or requests to an employee of the FLRA, the General Counsel of the FLRA (General Counsel) or... [read document]
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(March 17, 2009) - Proposed Rule - Temporary Employment of H-2A Aliens
Employment and Training Administration
Proposed Rule
Temporary Employment of H-2A Aliens,
11408-11440 [E9-5562]
Part II Department of Labor Employment and Training Administration 20 CFR Part 655 Wage and Hour Division 29 CFR Parts 501, 780 and 788 Temporary Employment of H-2A Aliens in the United States; Proposed Rule DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Part 655 Wage and Hour Division 29 CFR Parts 501, 780 and 788 RIN 1205-AB55 Temporary Employment of H-2A Aliens in the United States AGENCY: Employment and Training Administration and Wage and Hour Division, Employment... [read document]
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(March 15, 2009) - Proposed Rule - Temporary Employment of H-2A Aliens
Wage and Hour Division
Proposed Rule
Temporary Employment of H-2A Aliens,
11408-11440 [E9-5562]
Part II Department of Labor Employment and Training Administration 20 CFR Part 655 Wage and Hour Division 29 CFR Parts 501, 780 and 788 Temporary Employment of H-2A Aliens in the United States; Proposed Rule DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Part 655 Wage and Hour Division 29 CFR Parts 501, 780 and 788 RIN 1205-AB55 Temporary Employment of H-2A Aliens in the United States AGENCY: Employment and Training Administration and Wage and Hour Division, Employment... [read document]
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(March 15, 2009)
Government 
- Notice - Petitions for Modification
Mine Safety and Health Administration
Notice
Petitions for Modification
,
18406-18408 [E9-9168]
DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification AGENCY: Mine Safety and Health Administration, Labor. ACTION: Notice of petitions for modification of existing mandatory safety standards. SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify... [read document]
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(April 21, 2009) - Notice - Termination of Investigation: Masterbrand, Littlestown, PA
Employment and Training Administration
Notice
Termination of Investigation:
Masterbrand, Littlestown, PA
,
17994 [E9-8934]
DEPARTMENT OF LABOR Employment and Training Administration [TA-W-65,497] Masterbrand, Littlestown, PA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 5, 2009 in response to a worker petition filed on behalf of the workers of Masterbrand, Littlestown, Pennsylvania. The petitioners requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC,... [read document]
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(April 19, 2009) - Notice - Termination of Investigation: Eaton Hydraulics, Greenwood, SC
Employment and Training Administration
Notice
Termination of Investigation:
Eaton Hydraulics, Greenwood, SC
,
17992 [E9-8916]
DEPARTMENT OF LABOR Employment and Training Administration [TA-W-65,072] Eaton Hydraulics, Greenwood, SC; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 2, 2009, in response to a worker petition filed on behalf of workers at Eaton Hydraulics, Greenwood, South Carolina. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at... [read document]
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(April 19, 2009) - Notice - Termination of Investigation: Gmark Industries, McAlllen, TX
Employment and Training Administration
Notice
Termination of Investigation:
Gmark Industries, McAlllen, TX
,
17994 [E9-8931]
DEPARTMENT OF LABOR Employment and Training Administration [TA-W-65,432] Gmark Industries, McAllen, TX; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 27, 2009 in response to a petition filed by a company official on behalf of the workers of Gmark Industries, McAllen, Texas. The petitioner requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at... [read document]
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(April 19, 2009) - Notice - Termination of Investigation: Fairfield Chair Co., Plant 2; Lenoir, NC
Employment and Training Administration
Notice
Termination of Investigation:
Fairfield Chair Co., Plant 2; Lenoir, NC
,
17992 [E9-8917]
DEPARTMENT OF LABOR Employment and Training Administration [TA-W-65,189] Fairfield Chair Company Plant 2 Lenoir, NC; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on February 10, 2009 in response to a worker petition filed by workers of Fairfield Chair Company, Plant 2, Lenoir, North Carolina. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated.... [read document]
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(April 19, 2009)
Articles 
- Trade Secret Law and the Computer Fraud and Abuse Act: Two Problems and Two Solutions
Journal of Law, Technology & Policy, Forthcoming Kyle Wesley Brenton University of Minnesota - Twin Cities - School of Law Date Posted: April 24, 2009 Last Revised: April 24, 2009
(April 23, 2009) - Can Franchise Agreements Provide for Relief Against Franchisor Failure in the Context of the ...
23rd Annual International Society of Franchising Conference Jenny Buchan University of New South Wales - School of Business Law and Taxation Date Posted: April 22, 2009 Last Revised: April 24, 2009
(April 23, 2009) - The Wage Impact of Immigration in Germany: New Evidence for Skill Groups and Occupations
Max Friedrich Steinhardt Hamburg Institute of International Economics (HWWI) Date Posted: April 24, 2009 Last Revised: April 24, 2009
(April 23, 2009) - Working Group on Chapter 4 of the Proposed Restatement of Employment Law: The Tort of Wrongful ...
Employee Rights and Employment Policy Journal, Vol. 13, No. 1, 2009, UC Irvine School of Law Research Paper No. 2009-14, Marquette Law School Legal Studies Paper No. 09-18 Joseph R. Grodin , Paul M. Secunda , Pauline T. Kim , Catherine Fisk , Roberto L. Corrada and Richard A. Bales affiliation not provided to SSRN , Marquette University - Law School , Washington University, St. Louis - School of Law , University of California, Irvine Law School , University of Denver - Sturm College of Law and Northern Kentucky University - Salmon P. Chase College of Law Date Posted: April 22, 2009 Last Revised: April 24, 2009
(April 23, 2009) - Gender Interactions within Hierarchies: Evidence from the Political Arena
NBER Working Paper No. w14893 Stefano Gagliarducci and Daniele Paserman Centre for Monetary and Financial Studies (CEMFI) and Boston University - Department of Economics Date Posted: April 20, 2009 Last Revised: April 24, 2009
(April 23, 2009)
News 
News 10 Now
Details Emerge in Sexual Harassment Case Against Tompkins County ...
WENY-TV, NY
Ithaca Councilwoman Robin Korherr says Sheriff Peter Meskill forcibly touched and kissed her between 2005 and 2007. The former executive assistant to the Sheriff, presented her case Thursday at the State Division of Human Rights Office in Binghamton. ...
Ithaca Councilwoman Accusing Sheriff of Sexual Harassment WBGH
Sexual harassment hearing for Tompkins County Sheriff News 10 Now
Korherr elaborates on accusations of Meskill behavior in ... Ithaca Journal
all 6 news articles
(April 23, 2009)- 'Lost' Star Sued for Sexual Harassment
TMZ.com, CA
Henry Ian Cusick, who plays Desmond on the show "Lost," is being sued for sexual harassment. According to a lawsuit filed today in Los Angeles Superior Court, Chelsea Stone claims that while working on the show, Cusick placed his hand on her buttocks ...
'Lost' star sued for sexual harassment United Press International
LOST - LOST STAR SUED FOR SEXUAL HARASSMENT Contactmusic.com
all 5 news articles
(April 23, 2009) - Lawmakers seek better job security for guardsmen, reservists
Stars and Stripes, DC
Bob Casey Jr., D-Pa., would add "more teeth" to the existing USERRA rules. The measure would for the first time allow punitive damages in such disputes, instead of limiting reservists to only actual lost wages. "We've learned that saying, ‘Please don't ...
(April 23, 2009) - Students accuse headmaster of sexual harassment
Joy Online, Ghana
Some female students of Christ the King International Junior High School in Kumasi have accused Agyenim Boateng, headmaster of the school for sexually harassing them. According to them, Mr. Boateng continuously harassed any beautiful and attractive ...
(April 23, 2009) - Speaking Against Racism and Racial Discrimination
New Era, Namibia
The people of Namibia have been victims of institutional racism, racial discrimination and related intolerances during the most dehumanising experience of colonialism and apartheid. Our people are still feeling the effects of colonial genocide and ...
Government determined to fight intolerance Namibia Economist
all 4 news articles
(April 23, 2009)
Blog Posts 
- Another Casualty of Economy
David Kellermann, the acting chief financial officer of Freddie Mac, one of the organizations at the center of the home mortgage disaster, hanged himself in the basement of his house in an affluent Virginia suburb. (Click here and here.) He had worked 16 years for Freddie in the financial area but had been the acting CFO only since last [...]
(April 23, 2009) - Opportunities (Let’s Make Lots of Money) — HR Song of the Week
A regular reader of this blog (and sometimes commenter) suggested this song by the Pet Shop Boys, and it's perfect for our time. In my opinion, the lyrics are both cynical and powerful: "I've got the brains, you've got the looks, let's make lots of money. You've got the brawn, I've got the brains, let's make [...]
(April 23, 2009) - Weekly Office Review and Contest
In my humble opinion, NBC's The Office is the world's #1 employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see. To help enhance your viewing experience, each week I provide a critique of the action from an employment lawyer's perspective. Last Night's Episode: "Broke." The Plot: Michael maneuvers Dunder Mifflin into buying his quickly-going-bankrupt company and giving him, Pam and Ryan their jobs back. My Analysis: Issue: Emotional...
(April 23, 2009) - Dismissing Pregnant Women
There's a story in the Toronto Star today about an upswing in incidents of employers dismissing pregnant women. A theme in the piece is that employers are using the economic downturn as justification for dismissing employees who will need to take a long leave. In the early days of human rights laws, adjudicators had some [...]
(April 23, 2009) - Employee Benefits-New York State Controller Bans Involvement Of Placement Agents And Others In ...
For some time now, the government has been investigating the practices of the firms which manage the assets of the New York State Common Retirement Fund ("CRF"). The problems stem from fees paid by these firms to certain middlemen, called "placement agents", to gain the right to manage the assets. The fees themselves are not illegal. However, allegations have been made that, with the firms' knowledge, a portion of the fees have been illegally used to benefit certain officials so this right can...
(April 22, 2009)