Employment Law Overview

Employment law encompasses the vast body of rules governing the employer-employee relationship. It draws from federal statutes, state laws, common law, and agency regulations.

Sources of Employment Law

Federal statutes — Title VII, FLSA, ADA, FMLA, OSHA, NLRA, and others

State statutes — often provide greater protections than federal law (e.g., higher minimum wages, broader anti-discrimination categories)

Common law — judge-made rules on wrongful termination, implied contracts, and tort claims

Administrative regulations — rules from agencies like the EEOC, DOL, and NLRB

Employment contracts and handbooks — may create binding obligations

Employee vs. Independent Contractor

A critical threshold question is whether a worker is an employee or an independent contractor. Employees receive legal protections (minimum wage, overtime, anti-discrimination, unemployment insurance) that independent contractors generally do not.

Factors courts consider include:

Degree of control the hiring party exercises over the work

Whether the worker provides their own tools and equipment

The worker's opportunity for profit or loss

The permanency of the relationship

Whether the work is integral to the hiring party's business

Misclassification is a significant legal risk for employers.

The Employment Lifecycle

Employment law governs every stage:

1. Hiring — anti-discrimination in job postings, interviews, and background checks

2. Onboarding — I-9 verification, tax forms, policy acknowledgments

3. Working conditions — safety, wages, hours, accommodations, leave

4. Performance management — documentation, reviews, progressive discipline

5. Separation — resignation, termination, layoffs, severance, COBRA

Key Federal Agencies

Equal Employment Opportunity Commission (EEOC) — enforces anti-discrimination laws

Department of Labor (DOL) — enforces wage-and-hour laws, FMLA, and OSHA

National Labor Relations Board (NLRB) — enforces the right to organize and bargain collectively

Occupational Safety and Health Administration (OSHA) — enforces workplace safety standards

Employment Law Overview