What Is Employment Law for Employees?

Employment laws govern the employer-employee relationship from beginning to end. Federal laws set the baseline for employee rights and govern a wide range of issues, including wage and hour regulations, child labor, workplace health and safety, discrimination, and termination practices. Most state laws for employees add more protections. Many states provide additional protections for workers.

Employees should know what to expect from their employer and when to discuss problems with human resources. If there is no internal solution, employees can consider taking legal action. The following is an overview of employment laws and what you can do if your employer violates your rights. Talk to a local employment law attorney to understand your legal rights and options.

Wage and Hour Laws

The Fair Labor Standards Act (FLSA) is the federal law that sets minimum wage and overtime pay requirements. The FLSA defines “work” and instructs employers to count work hours. States are free to set their own standards, but they cannot offer less than the FLSA requires.

Failing to count hours of work is one of the most common violations of employee rights. If your employer allows you to work beyond your scheduled hours for their benefit, that time counts toward your hours worked. If you work “off the clock” before or after your regular workday, you should be getting paid.

Additional federal laws govern wages. For example, the Equal Pay Act requires employers to pay men and women equally for equal work. The U.S. Department of Labor (DOL) administers many of the federal statutes governing employment and workplace activities. The DOL Wage and Hour Division (WHD) can investigate employers and issue penalties for violating federal employment laws.

Workplace Safety

The Occupational Safety and Health Act, which is enforced by the Occupational Safety and Health Administration (OSHA), gives you the right to a workplace free of health and safety hazards. OSHA or an OSHA-approved state plan covers private-sector workers in every state. Under OSHA , you have the right to:

• Training in a language you understand
• Required safety gear and equipment
• Procedures to report an injury or illness
• Request an OSHA inspection

Your employer cannot retaliate against you for speaking up about your concerns. Your employer also cannot retaliate if you participate in an OSHA investigation.

Health Care and Retirement Benefits

Federal law allows workers to take unpaid time off for covered illnesses or to care for a family member. The Family and Medical Leave Act (FMLA) requires covered employers to provide up to 12 weeks of job-protected leave. Leave covers the adoption or birth of a child or for serious illnesses of the employee or close family member.

Federal law doesn’t require employers to offer retirement benefits. However, there are minimum standards for most employer retirement and health insurance plans. The Employee Retirement Income Security Act of 1974 (ERISA) sets standards for employer health and retirement plans. ERISA laws also give employees a cause of action for employer violations.

Employment Discrimination

Several federal laws protect employees from discrimination in the workplace:

• Title VII of the Civil Rights Act of 1964. Prohibits employment discrimination based on race, color, religion, sex (including gender identity and sexual orientation) and national origin.
• The Americans with Disabilities Act (ADA). Prohibits discrimination on the basis of a person’s disability. Employers must generally provide reasonable accommodations for workers with a disability.
• The Genetic Information Nondiscrimination Act. Prohibits using genetic information to make employment decisions.
• The Age Discrimination in Employment Act (ADEA). Prohibits employers from discriminating against employees 40 or older because of their age. States, counties, and cities have passed their own anti-discrimination legislation and ordinances.

Employers may not fire, demote, or refuse to hire someone based on their membership in a protected class. Additionally, employers cannot take adverse employment action against someone who complains about discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws. Your state likely has an agency that enforces anti-discrimination laws. If you choose to file a discrimination claim against your employer, you will most likely file with both the EEOC and your state’s agency.

Sexual Harassment in the Workplace

Sexual harassment is discrimination based on sex. These claims generally falls into two categories:

1. Quid pro quo. Involves a supervisor offering better terms or threats in exchange for sexual favors.
2. Hostile work environment claims. Severe or ongoing harassment interferes with a worker’s ability to do their job.

Wrongful Termination

Most states are at-will employment states, which means your employer can fire you at any time for any reason or no reason. There are some exceptions to this general rule. An employer cannot fire you for an illegal reason, like sexual harassment or discrimination. If you have an employment contract, the contract can control when an employer can terminate your position.

Unlawful Termination

Your employer cannot fire you for an illegal reason. Your employer cannot fire you for a discriminatory or retaliatory reason. If you got fired after talking to human resources about harassment, you might have a claim for whistleblower retaliation. The same might be true if you were fired for taking medical leave, sitting on a jury, or taking time off to vote.

Employment Contracts

Sometimes, your employment contract can override an at-will employment relationship. If the employment contract sets out a procedure for discipline and termination, courts will generally expect employers to follow through with those procedures. Check with your employment agreement for grounds for termination.

Should I Talk to an Employment Lawyer?

An employment lawyer can review your employment contract, employee handbook, and timesheets to help you determine your legal options. A lawyer can help you resolve the issue with your employer directly. If you decide to pursue legal action, your lawyer can help you determine what agency should handle your case.

A lawyer will anticipate potential problems with your case and advise you on how to approach them. Your lawyer will also keep track of deadlines and file all the paperwork with the necessary courts and agencies, giving you one less thing to worry about.

Finding the Right Attorney for Your Needs

Find the right type of attorney — someone who can help you through your entire employment law case. Visit the Super Lawyers directory and use the search box to find a lawyer based on your legal issue or location. To help you get started, you may want to consider looking for a lawyer who represents employees in employment law cases.