Employment Law
Overview
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.
Featured Cases
Lezak v. TigerDirect, Inc.
1:2011cv23812
Filed in Florida Southern District Court
Type of Suit: Employment
Plaintiff: Steven Lezak. Defendant: TigerDirect, Inc.
Judge: Ursula Ungaro
Cause Of Action: Fed. Question: Employment DiscriminationMaestas v. Apple Inc.
1:2011cv00852
Filed in Texas Western District Court
Type of Suit: Employment
Defendant: Apple Inc. Plaintiff: Rodney Maesta.
Judge: Lee Yeakel
Cause Of Action: Petition for Removal- Employment DiscriminationGoodwin v. Retrieve, Inc.
1:2011cv11434
Filed in Massachusetts District Court
Type of Suit: Employment
Plaintiff: Stephen C Goodwin. Defendant: Retrieve, Inc.
Judge: Denise J. Casper
Cause Of Action: Diversity-Breach of ContractCooke et al v. DB 85 Gym Corp et al
1:2011cv00201
Filed in New York Southern District Court
Type of Suit: Employment
Plaintiff: Deborah R. Cooke and Christina M. Rodino. Defendant: DB 85 Gym Corp, CV II Gym, LLC, CV VI, LLC, DB Broadway Gym Corp., Kevin Kavanaugh and other.
Judge: Alvin K. Hellerstein
Cause Of Action: Diversity-(Citizenship)MDL 1735 - In RE: Wal-Mart Wage & Hour Employment Practices Litigation
2:2006cv00225
Filed in Nevada District Court
Type of Suit: Other Labor Litigation
Plaintiff: Nancy Hall, Nancy Hall, Nancy Hall, Reginald Paul Jackson, Reginald Paul Jackson and others... Defendant: Sam's West, Inc., Sam's West, Inc., Sam's West, Inc., Sam's West, Inc., Sam's West, Inc. and others...
Judge: Philip M. Pro
Cause Of Action: Denial of Overtime Compensation
Dockets
Fisher v. Aetna Life Insurance Company
0:2012cv60250
Filed in Florida Southern District Court
Type of Suit: Employee Retirement Income Security Act of 1974
Plaintiff: Nancy Fisher. Defendant: Aetna Life Insurance Company.
Judge: Donald M. Middlebrooks
Cause Of Action: Notice of Removal - LaborPlaintiff v. Defendant
4:2012cv00227
Filed in Missouri Eastern District Court
Type of Suit: Employment
Plaintiff v. Defendant
Judge: Stephen N. Limbaugh
Cause Of Action: e Job Discrimination (Employment)Plaintiff v. Defendant
12-1160
Filed in Fourth Circuit Court of Appeals
Type of Suit: Employment
Plaintiff v. DefendantPlaintiff v. Defendant
12-15275
Filed in Ninth Circuit Court of Appeals
Type of Suit: Employment
Plaintiff v. DefendantPlaintiff v. Defendant
3:2012cv30027
Filed in Massachusetts District Court
Type of Suit: Employment
Plaintiff v. Defendant
Judge: Kenneth P. Neiman
Cause Of Action: Petition for Removal - Employment Discrim
Legislation
Bill Introduced: H.R.3791 To amend the Securities Exchange Act of 1934 to require annual ...
To amend the Securities Exchange Act of 1934 to require annual disclosures relating to the compensation brackets in which an issuer's minority and women employees reside.Bill Introduced: H.R.3771 Haiti Empowerment, Assistance, and Rebuilding Act of 2012
To promote long-term, sustainable rebuilding and development in Haiti, and for other purposes.Bill Introduced: H.R.3753 FIRE Stations Act
To establish a grant program to encourage fire stations to establish or upgrade restroom, shower, and changing facilities to create more equitable conditions for women firefighters.Bill Introduced: S.2027 Microfinance and Microenterprise Enhancement Act of 2011
A bill to improve microfinance and microenterprise, and for other purposes.Bill Introduced: H.R.3710 Deficit Reduction, Job Creation, and Energy Security Act
To direct the Secretary of Interior and the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, to initiate immediate action to create jobs in America, and for other purposes.
Regulations
Proposed Rule - Reducing Regulatory Burden; Retrospective Review under E.O. 13563
Department of Labor
Proposed Rule
Reducing Regulatory Burden; Retrospective Review under E.O. 13563
,
34177 [2011-14585]
Proposed Rules Federal Register Federal Register / Vol. 76, No. 113 / Monday, June 13, 2011 / Proposed Rules DEPARTMENT OF LABOR 5 CFR Chapter XLII 20 CFR Chapters IV, V, VI, VII, and IX 29 CFR Subtitle A and Chapters II, IV, V, VII, and XXV 30 CFR Chapter I 41 CFR Chapters 50, 60, and 61 48 CFR Chapter 29 Reducing Regulatory Burden; Retrospective Review Under E.O. 13563 AGENCY: Office of the Secretary, Labor. ACTION: Request for Information. SUMMARY: In response to the President's Executive... [read document]
View Document | Download PDFRule - Standards Improvement Project: Phase III
Occupational Safety and Health Administration
Rule
Standards Improvement Project:
Phase III
,
33590-33612 [2011-13517]
Vol. 76 Wednesday, No. 110 June 8, 2011 Part IV Department of Labor Occupational Safety and Health Administration 29 CFR Parts 1910, 1915, 1917 et al. Standards Improvement Project--Phase III; Final Rule Federal Register / Vol. 76, No. 110 / Wednesday, June 8, 2011 / Rules and Regulations DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Parts 1910, 1915, 1917, 1918, 1919, 1926 and 1928 [Docket No. OSHA-2006-0049] RIN 1218-AC19 Standards Improvement Project--Phase III... [read document]
View Document | Download PDFProposed Rule - Recordkeeping and Reporting Requirements under Title VII, the ADA, and GINA
Equal Employment Opportunity Commission
Proposed Rule
Recordkeeping and Reporting Requirements under Title VII, the ADA, and GINA
,
31892-31895 [2011-13629]
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1602 RIN 3046-AA89 Recordkeeping and Reporting Requirements Under Title VII, the ADA, and GINA AGENCY: Equal Employment Opportunity Commission. ACTION: Notice of proposed rulemaking. SUMMARY: The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') proposes to extend its existing recordkeeping requirements under title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA) to entities... [read document]
View Document | Download PDFProposed Rule - Requirements for Fee Disclosure to Plan Fiduciaries and Participants - ...
Employee Benefits Security Administration
Proposed Rule
Requirements for Fee Disclosure to Plan Fiduciaries and Participants - Applicability Dates
,
31544-31545 [2011-13516]
DEPARTMENT OF LABOR Employee Benefits Security Administration 29 CFR Part 2550 RIN 1210-AB08 Requirements for Fee Disclosure to Plan Fiduciaries and Participants--Applicability Dates AGENCY: Employee Benefits Security Administration, Labor. ACTION: Notice of proposed extension of applicability dates. SUMMARY: This document proposes to extend specified applicability dates of the Department's interim final rule concerning fiduciary-level fee disclosure (29 CFR 2550.408b-2(c), RIN 1210-AB08) and... [read document]
View Document | Download PDFProposed Rule - Lowering Miners Exposure to Respirable Coal Mine Dust, Including Continuous ...
Mine Safety and Health Administration
Proposed Rule
Lowering Miners Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors
,
30878 [2011-13238]
DEPARTMENT OF LABOR Mine Safety and Health Administration 30 CFR Parts 70, 71, 72, 75 and 90 RIN 1219-AB64 Lowering Miners' Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors AGENCY: Mine Safety and Health Administration, Labor. ACTION: Proposed rule; extension of comment period. SUMMARY: In response to requests from interested parties, the Mine Safety and Health Administration (MSHA) is extending the comment period on the proposed rule addressing Lowering... [read document]
View Document | Download PDF
Articles
Spatial Equilibrium in the Labor Market
Philip E. Graves University of Colorado at Boulder - Department of Economics Date Posted: January 22, 2012 Working Paper Series 2 downloads Labor Mobility Across the Formal/Informal Divide in Turkey: Evidence from Individual Level Data IZA Discussion Paper No. 6271 Aysit Tansel and Elif Oznur Kan Middle East Technical University (METU) - Department of Economics and Cankaya University Date Posted: January 21, 2012 Working Paper Series 6 downloads Men's Sexual Orientation and Job Satisfaction IZA Discussion Paper No. 6272 Nick Drydakis affiliation not provided to SSRN Date Posted: January 21, 2012 Working Paper Series 1 downloads Saving and Portfolio Allocation Before and After Job Loss Statistics Norway Discussion Paper No. 672 Christoph Carl Basten , Andreas Fagereng and Kjetil Telle KOF Swiss Economic Institute , European University Institute and Statistics Norway - Research Department Date Posted: January 21, 2012 Working Paper Series 3 downloads Seasonal Migration and Risk Aversion CEPR Discussion Paper No. DP8739 Gharad Bryan , Shyamal Chowdhury and Ahmed Mushfiq Mobarak Yale University , University of Sydney and Yale School of Management Date Posted: January 20, 2012 Working Paper Series 1 downloads Unequal Pay or Unequal Employment? What Drives the Skill-Composition of Labor Flows in Germany? ZEW - Centre for European Economic Research Discussion Paper No. 11-074 Melanie Arntz , Terry Gregory and Florian Lehmer Centre for European Economic Research (ZEW) , Centre for European Economic Research (ZEW) and Government of the Federal Republic of Germany - Institute for Employment Research (IAB) Date Posted: January 20, 2012 Working Paper Series 4 downloads Applications and Interviews: A Structural Analysis of Two-Sided Simultaneous Search FEEM Working Paper No. 86.2011 Ronald P. Wolthoff University of Toronto - Department of Economics Date Posted: January 19, 2012 Working Paper Series 1 downloads Forced Federalism: States as Laboratories of Immigration Reform Hastings Law Journal, Vol. 62, p. 1673, 2011 Keith Cunningham-Parmeter Willamette University - College of Law Date Posted: January 19, 2012 Accepted Paper Series 74 downloads A Case Study on Trade Liberalization: Argentina in the 1990s Economics Discussion Paper No. 2012-3 Victor A. Beker University of Belgrano - Department of Economics Date Posted: January 18, 2012 Working Paper Series 1 downloads FDI, Skill-Specific Unemployment, and Institutional Spillover Effects Economics Discussion Paper No. 2012-2 Hans-Joerg Schmerer University of Tuebingen Date Posted: January 18, 2012 Working Paper Series 1 downloads The Labour Market in CGE Models ZEW - Centre for European Economic Research Discussion Paper No. 11-079 Stefan Boeters and Luc Savard CPB Netherlands Bureau of Economic Policy Analysis and Université de Sherbrooke - Department of Economics Date Posted: January 18, 2012 Working Paper Series 2 downloads Intergenerational Transmission of Education - Uncovering the Mechanisms Behind High Intergenerational Correlations Florian Wendelspiess Chávez Juárez University of Geneva - Department of Economics Date Posted: January 16, 2012 Last Revised: February 09, 2012Do Female Top Managers Help Women to Advance? A Panel Study Using EEO-1 Records
Annals of American Academy of Political and Social Science, Vol. 639, p. 173, January 2012 Fidan Ana Kurtulus and Donald Tomaskovic-Devey affiliation not provided to SSRN and University of Massachusetts at Amherst Date Posted: February 06, 2012 Accepted Paper Series Economic Causes and Consequences of International Migration of Labour Discussions on Estonian Economic Policy No. 2/2011 Milan Pala't FBE MENDELU in Brno Date Posted: February 06, 2012 Working Paper Series 6 downloads Economic and Spatial Determinants of Interregional Migration in Kazakhstan IZA Discussion Paper No. 6289 Alisher Aldashev and Barbara Dietz Centre for European Economic Research (ZEW) and Osteuropa-Institut Regensburg Date Posted: February 04, 2012 Working Paper Series Exploring the Causes of Frictional Wage Dispersion IZA Discussion Paper No. 6299 Volker Tjaden and Felix Wellschmied affiliation not provided to SSRN and affiliation not provided to SSRN Date Posted: February 04, 2012 Working Paper Series Selective Hiring and Welfare Analysis in Labor Market Models IZA Discussion Paper No. 6294 Christian Merkl and Thijs van Rens Kiel Institute for the World Economy and CREI and Universitat Pompeu Fabra Date Posted: February 04, 2012 Working Paper Series Unemployment Benefits or Taxes: How Should Policy Makers Redistribute Income Over the Business Cycle? IZA Discussion Paper No. 6308 Susanne Ek affiliation not provided to SSRN Date Posted: February 04, 2012 Working Paper Series Inequality of Opportunity in Earnings and Consumption Expenditure: The Case of Indian Men Review of Income and Wealth, Vol. 58, Issue 1, pp. 79-106, 2012 Ashish Singh Indira Gandhi Institute of Development Research (IGIDR) Date Posted: February 03, 2012 Accepted Paper Series Right-to-Work is Right for Oregon: A Comprehensive Analysis of the Economics Benefits from Enacting a Right-to-Work Law Cascade Policy Institute, February 2012 Eric Fruits and Randall J. Pozdena Economics International Corp. and affiliation not provided to SSRN Date Posted: February 02, 2012 Accepted Paper Series 1 downloads Unhappiness and Job Finding CentER Discussion Paper Series No. 2012-011 Anne C. Gielen and Jan C. van Ours Institute for the Study of Labor (IZA) and Tilburg University - Department of Economics Date Posted: February 02, 2012 Working Paper Series 2 downloads How Do the Unemployed Search for a Job? â Evidence from the EU Labour Force Survey RWI: Discussion Paper, No. 312 Ronald Bachmann and Daniel Baumgarten Rhine-Westphalia Institute for Economic Research (RWI-Essen) and Ruhr Graduate School in Economics Date Posted: February 01, 2012 Working Paper Series 1 downloads The Role of Parental Cognitive Aging in the Intergenerational Mobility of Cognitive Abilities CEIS Working Paper No. 219 Valentina Conti and Joanna Kopinska University of Rome II and University of Rome II - Faculty of Economics Date Posted: February 01, 2012 Working Paper Series 8 downloads Using System Dynamics Approach to Support Sustainable Growth Number of Small and Medium Enterprises in Indonesia: Some Policies Consideration Athor Subroto University of Indonesia Date Posted: January 31, 2012 Working Paper Series 4 downloads A Season of Change: Reforming the H-2B Guestworker Program Clearinghouse Review, Vol. 45, Nos. 1-2, May-June 2011 Jayesh Rathod American University - Washington College of Law Date Posted: January 30, 2012 Accepted Paper Series 1 downloads Cultural Differences, Assimilation and Behavior: Player Nationality and Penalties in Football LICOS Discussion Paper No. 297/2011 Giacomo De Luca and Jeroen Schokkaert Katholieke Universiteit Leuven - LICOS - Centrum voor Transitie-economie and LICOS Centre for Institutions and Economic Performance Date Posted: January 30, 2012 Working Paper Series 2 downloads The Peculiar Immobility: Regional Affinity and the Postbellum Black Migrant Philip E. Graves , Robert L. Sexton and Richard K. Vedder University of Colorado at Boulder - Department of Economics , Pepperdine University - Economics Department and Ohio University - Department of Economics Date Posted: January 30, 2012 Working Paper Series 4 downloads The Complexity of Immigrant Generations: Implications for Assessing the Socioeconomic Integration of Hispanics and Asians IZA Discussion Paper No. 6276 Brian Duncan and Stephen J. Trejo University of Colorado at Denver and University of Texas at Austin - Department of Economics Date Posted: January 28, 2012 Working Paper Series Cultural Transmission of Civicness Univ. of Copenhagen Dept. of Economics Discussion Paper No. 11-33 Martin Ljunge University of Copenhagen Date Posted: January 27, 2012 Working Paper Series 3 downloads Trust Issues: Evidence from Second Generation Immigrants Univ. of Copenhagen Dept. of Economics Discussion Paper No. 11-31 Martin Ljunge University of Copenhagen Date Posted: January 27, 2012 Working Paper Series 3 downloads The Costs and Benefits of Long-Term CEO Contracts Moqi Xu London School of Economics & Political Science (LSE) Date Posted: January 26, 2012 Last Revised: February 08, 2012Legal Issues in College and University Internship Programs
Academy of Legal Studies in Business Journal of Employment and Labor Law, Vol. 12, pp. 58-70, Spring 2011 Tammy Cowart and Mildred Blowen University of Texas at Tyler and affiliation not provided to SSRN Date Posted: January 18, 2012 Accepted Paper Series 27 downloads Scrivenersâ Errors, Drafting Errors, Operational Failures, Retroactive Amendments, Reformations, ERISA, and the Tax Qualification of Pension Plan Trusts, Part II Tax Management Weekly Report, Vol. 31, No. 3, p. 75, 2012 Albert Feuer Law Offices of Albert Feuer Date Posted: January 18, 2012 Last Revised: February 07, 2012Scrivenersâ Errors, Drafting Errors, Operational Failures, Retroactive Amendments, ...
Tax Management Weekly Report, Vol. 31, No. 3, p. 75, 2012 Albert Feuer Law Offices of Albert Feuer Date Posted: January 18, 2012 Last Revised: February 07, 2012Whither Indian Management Institutions are Globally Responsive?
Arup Barman Assam University - Department of Business Administration Date Posted: February 09, 2012 Working Paper Series 3 downloads Self-Sustaining Innovation Through Intrinsic Motivation XXII ISPIM Conference Proceedings, Hamburg Mariya Molodchik and Anatoliy Molodchik National Research University Higher School of Economics and Perm National Research Polytechnical University Date Posted: February 08, 2012 Accepted Paper Series 1 downloads Bullying at Work: Do Industries Differ in the Estonian Case? Merle Tambur and Maaja Vadi affiliation not provided to SSRN and University of Tartu - Faculty of Economics and Business Administration Date Posted: February 06, 2012 Working Paper Series 2 downloads Do Female Top Managers Help Women to Advance? A Panel Study Using EEO-1 Records Annals of American Academy of Political and Social Science, Vol. 639, p. 173, January 2012 Fidan Ana Kurtulus and Donald Tomaskovic-Devey affiliation not provided to SSRN and University of Massachusetts at Amherst Date Posted: February 06, 2012 Accepted Paper Series Technology Use in the Virtual R&D Teams American Journal of Engineering and Applied Sciences, Vol. 5, No. 1, pp. 9-14, 2012 Nader Ale Ebrahim , Shamsuddin Ahmed , Salwa Hanim Abdul Rashid and Zahari Taha University of Malaya - Department of Engineering Design and Manufacture, Faculty of Engineering , University of Malaya (UM) , University of Malaya (UM) - Department of Engineering Design and Manufacture and University Malaysia Pahang - Department of Manufacturing Engineering Date Posted: February 06, 2012 Accepted Paper Series 1 downloads Virtual Collaborative R&D Teams in Malaysian Manufacturing SMEs Advanced Materials Research, pp. 1653-1659, 2012 Nader Ale Ebrahim , Shamsuddin Ahmed , Salwa Hanim Abdul Rashid , Zahari Taha and Md. Abdul Wazed University of Malaya - Department of Engineering Design and Manufacture, Faculty of Engineering , University of Malaya (UM) , University of Malaya (UM) - Department of Engineering Design and Manufacture , University Malaysia Pahang - Department of Manufacturing Engineering and University of Malaya (UM) Date Posted: February 06, 2012 Accepted Paper Series 1 downloads Testing Canonical Tournament Theory: On the Impact of Risk, Social Preferences and Utility Structure IZA Discussion Paper No. 6304 Roman M. Sheremeta and Steven Y. Wu Chapman University and Purdue University - College of Agriculture Date Posted: February 04, 2012 Working Paper Series 1 downloads Whom to Choose as a Team Mate? A Lab Experiment About In-Group Favouritism IZA Discussion Paper No. 6286 Andrea Hammermann , Alwine Mohnen and Petra Nieken affiliation not provided to SSRN , University of Cologne - Department of Business Administration & Personnel Economics and University of Bonn - Business Administration II Date Posted: February 04, 2012 Working Paper Series Awards at Work ZEW - Centre for European Economic Research Discussion Paper No. 12-004 Susanne Neckermann , Reto Cueni and Bruno S. Frey University of Zurich - Department of Economics Library , University of Zurich - Department of Economics Library and University of Zurich - Department of Economics Library Date Posted: February 02, 2012 Working Paper Series 2 downloads Firm Performance, Corporate Governance and Managerial Reward Giovanni D'Orio Università degli Studi della Calabria - Department of Economics and Statistics Date Posted: February 01, 2012 Working Paper Series 5 downloads A Job Satisfaction Structural Equation Model Obtained Combining Rasch Analysis and Generalized Maximum Entropy Estimation Enrico Ciavolino , Maurizio Carpita and Amjad Al-Nasser Università del Salento, Dipartimento di Filosofia e Scienze Sociali , University of Brescia - Department of Quantitative Methods and University of Dubai - College of Business Administration Date Posted: January 31, 2012 Working Paper Series 6 downloads Design and Implementation of Pay for Performance Chicago Booth Research Paper No. 12-05 Michael Gibbs University of Chicago Booth School of Business Date Posted: January 30, 2012 Last Revised: February 07, 2012
