Employment Law

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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.

At-Will Employment

Most employment in the U.S. is an at-will relationship between employer and employee, meaning that either party can terminate the relationship with no liability if there was no express contract for a definite term governing the employment relationship. Although several exceptions to this legal doctrine exist, generally, the employer may freely discharge employees for any legal reason or even with no cause at all, and an employee may leave a job for any reason at any time.

Employment Discrimination

In the United States, employees have many rights, including the right not to be discriminated against or harassed because of race, national origin, skin color, gender, pregnancy, religious beliefs, disability, or age. In some places, laws also protect employees from discrimination on the basis of marital status, sexual orientation, gender identity, or other characteristics.

Fair Pay

Employees also have the right to fair pay. Employees must be paid the minimum wage, as well as any overtime pay for any hours worked over forty in one week (or, in some places, over eight hours in one day). Federal law establishes the minimum amount that a worker can be paid per hour; this amount changes in the United States but is currently $5.15 per hour. Most states and some municipalities have enacted their own minimum wage laws. For example, California's minimum wage is $7.65 per hour; in San Francisco, California, workers must be paid a minimum wage of $8.50 an hour. Where an employee is subject to both the state and federal minimum wage laws, the employer must pay the higher of the two minimum wages. However, federal law exempts executive, administrative, professional and outside sales employees from both minimum wage and overtime pay laws.

Regulations and statutes also protect employees' rights to back pay, severance pay, paid time off, unemployment and retirement benefits. On August 17, 2006, President Bush signed the 900-plus page Pension Protection Act of 2006 (PPA), putting in place many reforms to federal tax and employee benefit laws intended to protect the security of employer-provided pension plans.

Family Medical Leave Act

Some American employees are provided the right to take leave due to the employee's own or a family member's illness, birth, or adoption. The Family Medical Leave Act of 1993 (FMLA) gives workers who are employed in a company of 50 or more persons a total of 12 work weeks of unpaid leave during any 12-month period for the birth and care of an employee's child; for adoption of a child by an employee; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition.

Workplace Safety

Federal and state laws also guarantee employees in the U.S. the right to a safe workplace. The U.S. Occupational Safety and Health Administration (OSHA), a federal agency, issues and enforces rules to prevent work-related injuries, illnesses, and deaths. OSHA's standards apply to most private, or nongovernmental, workplaces. Many states also have their own plans to protect workers' occupational safety and health, and if those plans are approved by the U.S. Department of Labor, they may be applied to both private and public workplaces.

Other Protections

Employment law affords employees some right to privacy in personal matters. Employers increasingly require drug testing of employees before employment, which is generally permissible under the law. However, some organizations seek to drug test current employees. Such testing is subject to restrictions that vary with state law.

Some employers also want prospective and current employees to submit to medical screenings. The Americans With Disabilities Act (ADA) protects individuals with disabilities from being screened out by requiring a job offer be made before an employer can require medical testing.

The Federal Employee Polygraph Protection Act (29 U.S.C. § 2001) prohibits most private employers from requiring their employees to take lie detector tests, and many states ban this practice.

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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 Discrimination
(November 20, 2011)
Maestas 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 Discrimination
(October 2, 2011)
Goodwin 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 Contract
(September 8, 2011)
Cooke 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)
(March 15, 2011)
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
(March 13, 2011)

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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)
(May 19, 2013)
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 Act
(May 19, 2013)
United 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 Award
(May 19, 2013)
Plaintiff v. Defendant
2:2013cv02783
Filed in Pennsylvania Eastern District Court
Type of Suit: Employment
Plaintiff v. Defendant
Cause Of Action: Job Discrimination (Sexual Harassment)
(May 19, 2013)
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)
(May 19, 2013)

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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.
(April 24, 2013)
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.
(April 7, 2013)
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.
(March 19, 2013)
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.
(March 13, 2013)
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.
(March 12, 2013)

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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 PDF
(June 12, 2011)
Rule - 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 PDF
(June 7, 2011)
Proposed 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 PDF
(June 1, 2011)
Proposed 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 PDF
(May 31, 2011)
Proposed 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]
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(May 26, 2011)

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