Employment law governs the relationship between employers and employees. It encompasses hiring, working conditions, compensation, and termination.
At-Will Employment
Most U.S. employment is at-will, meaning either the employer or the employee can end the relationship at any time, for any reason (or no reason), with or without notice. However, there are important exceptions:
Termination cannot be retaliatory (e.g., firing someone for filing a workers' compensation claim)
An employment contract may limit at-will termination
Some states recognize an implied covenant of good faith and fair dealing
Anti-Discrimination Laws
Federal laws prohibit workplace discrimination based on:
Race, color, religion, sex, and national origin — Title VII of the Civil Rights Act of 1964
Age (40 and older) — Age Discrimination in Employment Act (ADEA)
Disability — Americans with Disabilities Act (ADA)
Genetic information — Genetic Information Nondiscrimination Act (GINA)
Pregnancy — Pregnancy Discrimination Act
Wage and Hour Protections
The Fair Labor Standards Act (FLSA) establishes:
A federal minimum wage
Overtime pay (1.5 times the regular rate for hours worked over 40 per week)
Restrictions on child labor
Rules for classifying workers as exempt or non-exempt
Workplace Safety
The Occupational Safety and Health Act (OSHA) requires employers to maintain a workplace free from recognized hazards. Employees can file complaints and cannot be retaliated against for reporting safety violations.
Employee Benefits
Key laws governing benefits include:
FMLA — up to 12 weeks of unpaid, job-protected leave for qualifying reasons
COBRA — allows employees to continue health insurance after leaving a job
ERISA — regulates employer-provided pension and health plans