What is Employment Law?
Employment law governs the relationship between employers and employees, establishing rights, obligations, and protections in the workplace. It covers everything from hiring and wages to termination and discrimination. Both federal and state laws protect workers from unfair treatment and ensure safe, equitable working conditions.
Your Workplace Rights
Freedom from Discrimination
Protection based on race, color, religion, sex, national origin, age (40+), disability, genetic information, pregnancy, and in some states, sexual orientation and gender identity.
Fair Wages
Right to minimum wage, overtime pay for non-exempt employees, equal pay for equal work, and timely payment of earned wages.
Safe Workplace
OSHA standards ensure workplace safety. You can report unsafe conditions without retaliation and refuse unsafe work in imminent danger situations.
Family and Medical Leave
FMLA provides up to 12 weeks unpaid leave for serious health conditions, childbirth, adoption, or caring for family members (companies with 50+ employees).
Reasonable Accommodations
Employers must provide reasonable accommodations for disabilities and religious practices unless it causes undue hardship.
Privacy Rights
Limited privacy expectations at work, but protection from unreasonable searches, monitoring must be disclosed, and medical information must be kept confidential.
Common Employment Law Issues
Wrongful Termination
While most employment is "at-will," termination is illegal if based on:
- Discrimination (protected characteristics)
- Retaliation for protected activities
- Violation of public policy
- Breach of employment contract
- Constructive discharge (forced to quit)
Workplace Discrimination
⚠️ Signs of Discrimination:
- Different treatment based on protected characteristics
- Hostile work environment
- Denied promotions or opportunities
- Unequal pay for similar work
- Harassment or offensive comments
- Retaliation for complaints
Wage and Hour Violations
- Unpaid overtime: Non-exempt employees must receive 1.5x pay for hours over 40/week
- Misclassification: Incorrectly classified as exempt or independent contractor
- Off-the-clock work: Required work without compensation
- Meal/rest breaks: Denied required breaks (state-specific)
- Minimum wage violations: Paid below federal/state minimum
- Tip theft: Employers taking employee tips
Sexual Harassment
Two types recognized by law:
- Quid Pro Quo: Job benefits conditioned on sexual favors
- Hostile Work Environment: Severe or pervasive unwelcome conduct
Filing an Employment Claim
- Document Everything: Keep records of incidents, emails, witnesses
- Report Internally: Follow company procedures, file complaints with HR
- File Agency Complaint: EEOC (federal) or state agency within time limits
- Receive Right to Sue: Agency issues letter after investigation
- File Lawsuit: Pursue case in court with attorney
Time Limits
- EEOC complaint: 180-300 days from incident
- State agency: Varies, often 180-365 days
- Wage claims: 2-3 years typically
- Lawsuit after EEOC: 90 days from right-to-sue letter
Damages in Employment Cases
- Back Pay: Lost wages from termination to judgment
- Front Pay: Future lost wages if reinstatement not feasible
- Compensatory Damages: Emotional distress, medical expenses
- Punitive Damages: Punishment for egregious conduct (capped by employer size)
- Attorney Fees: Prevailing plaintiffs often recover legal costs
- Reinstatement: Return to former position
When to Contact an Employment Attorney
- Terminated and suspect illegal reasons
- Experiencing harassment or discrimination
- Denied wages, overtime, or benefits
- Asked to sign agreements (non-compete, severance)
- Retaliated against for complaints
- Workplace injury with potential third-party claims
- Whistleblower situations
Frequently Asked Questions
Can I be fired without cause?
In at-will employment states (49 states), yes, unless you have a contract or the termination is for illegal reasons (discrimination, retaliation, etc.).
What constitutes a hostile work environment?
Severe or pervasive unwelcome conduct based on protected characteristics that creates an intimidating, hostile, or offensive work environment affecting job performance.
How do I prove discrimination?
Direct evidence (statements, emails) or circumstantial evidence showing different treatment, qualified for position, and employer's reason is pretextual.
Are non-compete agreements enforceable?
Varies by state. Some ban them entirely, others enforce if reasonable in scope, duration, and geographic area. Several states moving toward restrictions.
What is the difference between exempt and non-exempt?
Exempt employees (executive, administrative, professional) don't receive overtime. Non-exempt employees must receive overtime pay for hours over 40/week.
Can I record conversations at work?
Depends on state law. One-party consent states allow recording your own conversations. Two-party consent states require all parties to agree.