Labor & Employment
Workers' rights, wages, workplace safety
Overview
Labor and employment law governs the relationship between employers, employees, and labor organizations. Federal law establishes minimum standards for wages, overtime, workplace safety, and anti-discrimination protections. The Fair Labor Standards Act sets the federal minimum wage and overtime rules, while OSHA establishes workplace safety standards.
Anti-discrimination protections under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the ADA prohibit employment discrimination based on race, color, religion, sex, national origin, age, and disability. The EEOC enforces these federal laws through investigation, conciliation, and litigation.
The National Labor Relations Act protects employees' rights to organize, form unions, and bargain collectively. The NLRB oversees union elections and investigates unfair labor practices. The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons.
Key Federal Laws
- •Fair Labor Standards Act (29 U.S.C. § 201 et seq.)
- •Title VII of the Civil Rights Act (42 U.S.C. § 2000e)
- •National Labor Relations Act (29 U.S.C. § 151 et seq.)
- •Family and Medical Leave Act (29 U.S.C. § 2601 et seq.)
- •Occupational Safety and Health Act (29 U.S.C. § 651 et seq.)
Key Cases
- •Bostock v. Clayton County (2020) — Title VII covers sexual orientation and gender identity
- •Epic Systems Corp. v. Lewis (2018) — Arbitration agreements in employment
- •Janus v. AFSCME (2018) — Public sector union fees
- •Grutter v. Bollinger (2003) — Affirmative action in employment
- •NLRB v. Jones & Laughlin Steel Corp. (1937) — NLRA constitutionality
State Variations
Many states have higher minimum wages than the federal $7.25/hour, with some exceeding $15/hour. States vary on right-to-work laws, paid family leave mandates, non-compete agreement enforceability, and at-will employment exceptions. Some states require pay transparency, ban salary history inquiries, or mandate paid sick leave. California, New York, and other states have enacted comprehensive workplace protections beyond federal requirements.
Frequently Asked Questions
Can my employer fire me without a reason?
In most states, employment is 'at-will,' meaning either party can end the relationship at any time for any lawful reason. However, employers cannot fire you for illegal reasons such as discrimination, retaliation for whistleblowing, or exercising legal rights like FMLA leave. Montana is the only state that requires good cause for termination after a probationary period.
Am I entitled to overtime pay?
Under the FLSA, non-exempt employees must be paid 1.5 times their regular rate for hours worked over 40 in a workweek. Exempt employees — generally salaried executive, administrative, and professional workers meeting specific duties tests and earning above a salary threshold — are not entitled to overtime. Some states have daily overtime requirements or lower salary thresholds.
Related Laws & Statutes
Civil Rights Act of 1964 – Title VII: Equal Employment Opportunity
Employers cannot discriminate against workers or job applicants based on their race, color, religion, sex, or national origin. This applies to hiring, firing, pay, job assignments, promotions, and all other terms of employment.
Americans with Disabilities Act of 1990
The ADA prohibits discrimination against people with disabilities in employment, public places, transportation, and telecommunications. Employers must provide reasonable accommodations, and public buildings must be accessible.
Family and Medical Leave Act of 1993
FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for family and medical reasons, including the birth of a child, caring for a seriously ill family member, or the employee's own serious health condition.
Fair Labor Standards Act – Minimum Wage
The federal minimum wage is $7.25 per hour. All employers engaged in interstate commerce must pay at least this amount. States can set higher minimum wages, and employers must pay whichever is higher.
Worker Classification – AB5 (ABC Test)
California's AB5 law makes it harder for companies to classify workers as independent contractors instead of employees. Companies must prove workers meet the 'ABC test' to be classified as contractors.
Compare Labor & Employment Across States
See how different states handle labor & employment side by side.
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