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
Plaintiff v. Defendant
1:2013cv01375
Filed in Pennsylvania Middle District Court
Type of Suit: Employment
Plaintiff v. Defendant
Judge: Yvette Kane
Cause Of Action: e Job Discrimination (Employment)Plaintiff v. Defendant
1:2013cv03729
Filed in Illinois Northern District Court
Type of Suit: Employment
Plaintiff v. Defendant
Judge: John A. Nordberg
Cause Of Action: Discrimination - Review of Agency ActUnited Welfare Fund, Welfare Division et al v. Amstel Recycling & Concrete Corp.
1:2013cv02918
Filed in New York Eastern District Court
Type of Suit: Employee Retirement Income Security Act of 1974
Defendant: Amstel Recycling & Concrete Corp. Plaintiff: The Trustees Thereof, United Welfare Fund, Security Division and United Welfare Fund, Welfare Division.
Judge: Sandra L. Townes
Cause Of Action: Enforcement of Arbitration AwardPlaintiff v. Defendant
2:2013cv02783
Filed in Pennsylvania Eastern District Court
Type of Suit: Employment
Plaintiff v. Defendant
Cause Of Action: Job Discrimination (Sexual Harassment)Plaintiff v. Defendant
5:2013cv02772
Filed in Pennsylvania Eastern District Court
Type of Suit: Employment
Plaintiff v. Defendant
Judge: JAMES KNOLL GARDNER
Cause Of Action: Civil Rights (Employment Discrimination)
Legislation
Bill Introduced: H.Con.Res.36 Recognizing the disparate impact of climate change on women and ...
Recognizing the disparate impact of climate change on women and the efforts of women globally to address climate change.Bill Introduced: H.Con.Res.28 Recognizing the significance of Equal Pay Day to illustrate the ...
Recognizing the significance of Equal Pay Day to illustrate the disparity between wages paid to men and women.Bill Introduced: H.R.1358 STEM Opportunities Act of 2013
To direct the Director of the Office of Science and Technology Policy to carry out programs and activities to ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging their entire talent pool, and for other purposes.Bill Introduced: H.R.1229 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.Bill Introduced: H.R.1180 Resident Physician Shortage Reduction Act of 2013
To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, 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
