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

Plaintiff v. Defendant
1:2011cv00201
Filed in New York Southern District Court
Type of Suit: Employment
Plaintiff v. Defendant
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: Labor: Other
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)
Morales et al v. Greater Omaha Packing
8:2008cv00088
Filed in Nebraska District Court
Type of Suit: None
Plaintiff: Jose Morales, Isaac Valencia, Javier Moreno Perez, Carlos Mejia, Ivon Chavorin and others...; Defendant: Greater Omaha Packing
Judge: Joseph F. Bataillon
Cause Of Action: Federal Question
(February 14, 2011)
Plaintiff v. Defendant
8:2010cv01419
Filed in California Central District Court
Type of Suit:
Plaintiff v. Defendant
Judge: Josephine Staton Tucker
(January 23, 2011)
In re: American Family Mutual Insurance Co. Overtime Pay Litigation
1:2006cv17430
Filed in Colorado District Court
Type of Suit: Labor: Fair Standards
Plaintiff: Robert Schultz, Robert Schultz, Robert Schultz, Robert Schultz, Robert Schultz and others... Defendant: American Family Mutual Insurance Company, American Family Mutual Insurance Company, American Family Mutual Insurance Company, American Family Mutual Insurance Company, American Family Mutual Insurance Company and others...
Judge: Wiley Y. Daniel
Cause Of Action: Equal Pay Act
(December 13, 2010)

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Dockets

Hancock et al v. J & T Services, Inc.
1:2011cv04073
Filed in Illinois Northern District Court
Type of Suit: Labor: E.R.I.S.A.

Cause Of Action: E.R.I.S.A.-Employee Benefits
(June 14, 2011)
Plaintiff v. Defendant
1:2011cv04070
Filed in Illinois Northern District Court
Type of Suit: Civil Rights: Jobs
Plaintiff v. Defendant
Cause Of Action: Job Discrimination (Employment)
(June 14, 2011)
United Food And Commercial Workers International Union-Industry Pension Fund et al v. ...
1:2011cv04055
Filed in Illinois Northern District Court
Type of Suit: Labor: E.R.I.S.A.

Judge: Honorable James B. Zagel
Cause Of Action: E.R.I.S.A.-Employee Benefits
(June 14, 2011)
Plaintiff v. Defendant
2:2011cv03861
Filed in Pennsylvania Eastern District Court
Type of Suit: Employment
Plaintiff v. Defendant
Judge: JUAN R. SANCHEZ
Cause Of Action: Civil Rights
(June 13, 2011)
Plaintiff v. Defendant
5:2011cv00191
Filed in Florida Northern District Court
Type of Suit: Employment
Plaintiff v. Defendant
Judge: RICHARD SMOAK
Cause Of Action: e Job Discrimination (Employment)
(June 13, 2011)

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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.
(January 16, 2012)
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.
(January 11, 2012)
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.
(December 18, 2011)
Bill Introduced: S.2027 Microfinance and Microenterprise Enhancement Act of 2011
A bill to improve microfinance and microenterprise, and for other purposes.
(December 15, 2011)
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.
(December 14, 2011)

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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]
View Document | Download PDF
(May 26, 2011)

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Articles

Attractive Supervisors: How Does the Gender of the Supervisor Influence the Performance of the ...
ERIM Report Series Reference No. ERS-2012-003-STR P. Koellinger and Joern Block Erasmus School of Economics and Technische UniversitÃ¤t MÃ¼nchen Date Posted: February 17, 2012 Working Paper Series Is Inside Debt Used to Provide Debt Incentives? Evidence from the 2008 Financial Crisis Joseph Taylor Halford and Mingming Qiu University of Utah - Department of Finance and University of Utah - Department of Finance Date Posted: February 15, 2012 Last Revised: February 16, 2012
(February 15, 2012)
Bankersâ Pay after the 2008 Crisis: Regulatory Reforms in the US and the EU
Zeitschrift fur Bankrecht und Bankwirtschaft (Journal of Banking Law and Banking), Forthcoming Guido A. Ferrarini and Maria Cristina Ungureanu University of Genoa - Law School and University of Genoa - Law School Date Posted: February 08, 2012 Accepted Paper Series Marriage Fraud California Law Review, Vol. 100, No. 1, 2012, Virginia Public Law and Legal Theory Research Paper No. 2012-12 Kerry Abrams University of Virginia School of Law Date Posted: February 08, 2012 Accepted Paper Series 25 downloads The Legal Construction of Poverty: Gender, 'Work' and the 'Social Contract' Stellenbosch Law Review, Vol. 22, No. 3, pp. 463, 2011, Northeastern University School of Law Research Paper No. 78-2012 Lucy A. Williams Northeastern University - School of Law Date Posted: February 08, 2012 Last Revised: February 16, 2012
(February 15, 2012)
Familial Status Discrimination: Will Employment Law Build Upon What Housing Law Started?
Washington & Lee Employee Relations Law Journal, Vol. 36, No. 4, Spring 2011 Kendall D. Isaac Appalachian School of Law Date Posted: January 20, 2012 Accepted Paper Series 2 downloads Increased Tax Liability Awards after Eshelman: A Call for Expanded Acceptance Beyond the Realm of Anti-Discrimination Statutes New York Law School Law Review, Vol. 57, No. 2, December 2011 Eirik J. Cheverud affiliation not provided to SSRN Date Posted: January 20, 2012 Accepted Paper Series 31 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 77 downloads Revenge Without a Cause: The Beginning of American Fur Trade DiMarkco Stephen Chandler California State University, Northridge Date Posted: January 19, 2012 Working Paper Series 7 downloads Wal-Mart Stores v. Dukes: Lessons for the Legal Quest for Equal Pay New England Law Review, Vol. 46, p. 229- 2012, U of Maryland Legal Studies Research Paper No. 2012-4 Deborah Thompson Eisenberg University of Maryland Francis King Carey School of Law Date Posted: January 19, 2012 Last Revised: February 16, 2012
(February 15, 2012)
Defining Independent Contractor Protection Under the Rehabilitation Act
Hamline Law Review, Vol. 34, p. 435, 2011 Lindsay N Mongenas and Richard A. Bales affiliation not provided to SSRN and Northern Kentucky University - Salmon P. Chase College of Law Date Posted: February 17, 2012 Accepted Paper Series 2 downloads Blurred Boundaries: Social Media Privacy and the Twenty-First-Century Employee American Business Law Journal, Vol. 49, No. 1, pp. 63-124, 2012 Patricia SÃ¡nchez Abril , Avner Levin and Alissa Del Riego University of Miami Business Law Dept. , Ryerson University, Ted Rogers School of Management and affiliation not provided to SSRN Date Posted: February 14, 2012 Accepted Paper Series 5 downloads Author Meets Reader, Scholar Meets Worker: An Introduction to the Section on Labor Relations and Employment Law 2011 AALS Panel Presentation Employee Rights and Employment Policy Journal, Vol. 15, No. 443, 2011, U Denver Legal Studies Research Paper No. 11-32 Rachel S. Arnow-Richman University of Denver Sturm College of Law Date Posted: February 13, 2012 Last Revised: February 15, 2012
(February 14, 2012)
Title VII: A Shift from Sex to Relationships
Harvard Journal of Law and Gender, Vol. 35, p. 209, 2012 Victoria Schwartz University of Chicago - Law School Date Posted: February 08, 2012 Accepted Paper Series 1 downloads Australiaâs Fair Work Act and the Transformation of Workplace Disability Discrimination Law Wisconsin Law Review, 2012 Paul David Harpur , Ben French and Richard A. Bales The University of Queensland - T.C. Beirne School of Law , affiliation not provided to SSRN and Northern Kentucky University - Salmon P. Chase College of Law Date Posted: February 07, 2012 Accepted Paper Series 11 downloads Australiaâs Solution to Disability Discrimination Enforcement Cornell HR Review, Forthcoming Paul David Harpur , Ben French and Richard A. Bales The University of Queensland - T.C. Beirne School of Law , affiliation not provided to SSRN and Northern Kentucky University - Salmon P. Chase College of Law Date Posted: February 07, 2012 Accepted Paper Series 10 downloads Considering Final Offer Arbitration to Resolve Public Sector Impasses in Times of Concession Bargaining Ohio State Journal on Dispute Resolution, 2012 Mike Carrell and Richard A. Bales Northern Kentucky University - College of Business and Northern Kentucky University - Salmon P. Chase College of Law Date Posted: February 07, 2012 Last Revised: February 15, 2012
(February 14, 2012)

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