Employment law governs the relationship between employers and employees. The field encompasses hiring, compensation, workplace conditions, discrimination, and termination. Both employees asserting rights and employers seeking compliance need to understand the legal framework that shapes the modern workplace.
At-Will Employment
At-will employment allows either party to end the relationship at any time for any lawful reason. Most employment in the United States is at-will.
Exceptions limit at-will termination. Public policy prohibits firing for refusing illegal acts, exercising legal rights, or reporting violations.
Implied contracts from handbooks, policies, or oral assurances may modify at-will status. Promises of job security can create contractual obligations.
Covenant of good faith exists in some states. Termination solely to avoid paying earned benefits may violate this implied covenant.
Written contracts for executives and professionals often specify term, grounds for termination, and severance.
Wage and Hour Laws
Fair Labor Standards Act establishes minimum wage, overtime requirements, and child labor restrictions. State laws may provide greater protections.
Overtime requires paying time-and-a-half for hours over 40 in a workweek. Exempt employees are excluded from overtime requirements.
Exempt status requires meeting salary and duties tests. Executive, administrative, professional, and outside sales exemptions each have specific requirements.
Misclassification of employees as independent contractors or exempt employees creates liability for unpaid wages, overtime, and penalties.
Recordkeeping requirements mandate documenting hours worked and wages paid. Failure to maintain records shifts burden to employee testimony.
Employment Discrimination
Title VII prohibits discrimination based on race, color, religion, sex, and national origin. Employers with 15 or more employees are covered.
ADA prohibits disability discrimination and requires reasonable accommodation. Interactive process identifies effective accommodations.
ADEA protects workers 40 and older from age discrimination. Employers with 20 or more employees are covered.
Harassment creating hostile work environment violates discrimination laws. Employers are liable for harassment they knew or should have known about.
Retaliation against employees who complain of discrimination or participate in investigations is prohibited.
FMLA and Leave
Family and Medical Leave Act provides 12 weeks unpaid leave for qualifying reasons. Covered employers have 50 or more employees.
Qualifying reasons include serious health condition, caring for family members, and bonding with new children.
Job protection requires reinstatement to the same or equivalent position. Employers cannot retaliate for taking FMLA leave.
State family leave laws may provide additional protections. Some states require paid family leave.
Coordination with disability and workers’ compensation leave creates complex compliance issues.
Workplace Safety
OSHA requires employers to provide safe workplaces free from recognized hazards. Standards address specific industries and hazards.
Reporting requirements mandate recording injuries and illnesses. Serious incidents must be reported promptly.
Retaliation protection covers employees who report safety concerns. Whistleblower provisions protect those who complain.
State OSHA programs in some states operate under federal approval. State standards may exceed federal requirements.
Termination and Severance
Wrongful termination claims arise when termination violates law, contract, or public policy. At-will employment does not immunize illegal termination.
WARN Act requires 60 days notice before mass layoffs and plant closings. Covered employers have 100 or more employees.
Severance agreements provide compensation in exchange for release of claims. Consideration beyond earned wages is required for enforceable releases.
OWBPA requirements for releasing age claims include 21 days to consider, 7 days to revoke, and written advisement to consult an attorney.
Non-compete agreements restrict post-employment competition. Enforceability varies dramatically by state.
Employee Benefits
ERISA governs employer-sponsored retirement and welfare plans. Fiduciary duties protect participant interests.
401(k) plans require prudent investment options and reasonable fees. Breach of fiduciary duty claims address plan mismanagement.
Health insurance under ACA requires coverage by larger employers. COBRA provides continuation coverage after employment ends.
Stock options and equity compensation require attention to vesting, exercise, and tax implications.
For Service Members
Employment law intersects with military service through USERRA and practical workplace issues.
USERRA protects service members’ civilian employment. Employers cannot discriminate based on military service or deny reemployment after service.
Reemployment rights require prompt reinstatement to the position the employee would have attained absent military service.
Seniority and benefits continue as if the employee had remained employed. Pension benefits are particularly important.
Health insurance continuation during military leave is required. Employees can elect continued coverage at their cost.
Anti-discrimination provisions prohibit adverse employment actions based on military service. Hiring decisions cannot consider military obligations.
Enforcement through VETS and private litigation addresses violations. Liquidated damages are available for willful violations.
Reserve and Guard obligations create scheduling challenges. Employers must accommodate military duties within USERRA limits.
A military attorney understands USERRA protections, how to enforce reemployment rights, and how to address discrimination based on military service in civilian employment.
Disclaimer
This article is provided for general informational and educational purposes only. Nothing in this article constitutes legal advice, and no attorney-client relationship is formed by reading this content.
Employment law involves federal, state, and local statutes with varying requirements based on employer size, industry, and location. The information presented here may not reflect current law or apply to any specific employment situation.
Do not rely on this article to make legal decisions. Employment disputes have short deadlines for filing charges and claims. Prompt consultation with qualified counsel is important.
If you have employment law issues, consult with a qualified employment attorney who can evaluate your situation.
The authors, publishers, and distributors of this content expressly disclaim any liability for actions taken or not taken based on this information. Reading this article does not create an attorney-client relationship with any person or entity.
For service members, USERRA provides specific protections in civilian employment. Seek counsel familiar with military employment rights.