The United States Department of Labor oversees and enforces more than 180 federal laws governing workplace activities for about 10 million employers and 125 million workers. The following is a list of employment laws that regulate hiring, wages, hours and salary, discrimination, harassment, employee benefits, paid time off, job applicant and employee testing, privacy, and other important workplace and employee rights issues.
Fair Labor Standards Act
The Fair Labor Standards Act determines the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay. It also regulates child labor, limiting the number of hours that minors can work.
Some U.S. states have a higher minimum wage and different overtime and child labor legislation. In those locations, state law would apply.
The Employee Retirement Income Security Act
The Employee Retirement Income Security Act (ERISA) oversees employers' pension plans and the required fiduciary, disclosure, and reporting requirements. ERISA doesn’t apply to all private employers and doesn’t require companies to offer plans to workers, but it does set standards for plans, should employers choose to offer them.
The Family Medical and Family Leave Act
The Family Medical and Family Leave Act requires employers with more than 50 employees to provide workers with up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child, for the serious illness of the employee or a spouse, child, or parent, or for emergencies related to a family member’s active military service, including childcare requirements. If the active service member becomes seriously ill or is injured in the course of their duties, coverage may be extended for up to 26 weeks of unpaid leave during a 12-month period.
The Occupational Safety and Health Act
The Occupational Safety and Health Act (OSHA) regulates health and safety conditions in private-sector industries to ensure that work environments do not pose any serious hazards. Covered employers are required to display a poster in the workplace, outlining workers’ rights to request an OSHA inspection, how to receive training on hazardous work environments, and how to report issues.
The United States has hundreds of federal employment and labor laws that affect employers and employees. These laws cover everything from defining what employment is to laws regulating who can work and what situations you should be paid for.
Civil Rights Acts
Americans With Disablities Act
This law makes it illegal for employers to discriminate against job applicants based on disability.
Consolidated Omnibus Budget Reconciliation Act
COBRA gives workers the right to continue their health insurance coverage after separating from their job.
- Compensatory Time: These are laws regulating paid time off in lieu of overtime pay for extra hours worked.
- Minimum Wage: The current federal minimum wage is $7.25 per hour, but many states and metro areas set their own, higher minimum wage. Some states have also set lower wages, but in these cases, the higher federal minimum prevails.
- Overtime Pay: Hourly workers or those who earn less than the weekly earnings threshold to be exempt, are entitled to time-and-a-half pay if they work more than 40 hours in a workweek.
- Pay for Snow Days: Do you get paid if your company closes because of inclement weather? It depends on many factors, including state and federal law.
- Unpaid Wages: Are you entitled to back pay? Find out when you are due back pay and how to collect it if you have an issue with an employer, here.
- Vacation Pay: Federal law does not require employers to offer paid vacation time, but your company may do so anyway. It pays to understand company policy.
- Wage Garnishment: Certain types of debt, e.g., tax bills and child support payments, may be collected via wage garnishment. The Consumer Credit Protection Act sets limits and protections for workers.
- Employment at Will: The majority of private-sector workers in the U.S. are employed at will, which means that they can be fired for any reason or no reason at all, except for discriminatory reasons. Learn about when an employee is employed at will, and about exceptions to the law.
- Fired from a Job: If you think you’re about to be fired, it’s a good idea to familiarize yourself with your legal rights, before you receive notice.
- Terminated for Cause: Termination for cause generally relates to serious misconduct, such as violating company policy, failing a drug test, or breaking the law.
- Wrongful Termination: If you believe that discrimination was involved in your separation from the company, it’s possible that your employment was wrongfully terminated, in which case you may be entitled to recourse.
- Unemployment Laws: Are you eligible for unemployment benefits? These are provided to workers who have lost their jobs through no fault of their own. Review guidelines for eligibility, and when you may not be eligible to collect benefits.
- Termination from Employment: Everything you need to know about your rights and responsibilities, if you lose your job for any reason. Also review a recap of the different types of separation from employment.
- Employee or Independent Contractor: There are laws that determine whether someone is an employee or an independent contractor. Review the differences and how your earnings and taxes are impacted by your classification.
- Noncompete Agreements: These contracts restrict employees’ rights to work for a competitor.
- Americans with Disabilities Act (ADA):
- Equal Employment Opportunity Commission: The Equal Employment Opportunity Commission (EEOC) enforces federal laws relating to discrimination.
- Harassment: Learn what constitutes harassment in the workplace and what you can do about it.
- Religious Discrimination: Employers cannot discriminate against employees or candidates based on their religious beliefs.
- Employment Discrimination Laws: Workers are protected from discrimination based on age, gender, race, ethnicity, skin color, national origin, mental or physical disability, genetic information, and pregnancy or parenthood.
- COBRA: The Consolidated Omnibus Budget Reconciliation Act gives workers the right to continue their health insurance coverage after separating from their job.
- The Affordable Care Act – Nursing Mothers: Under the provisions of the ACA, employers must provide nursing mothers with a private room to nurse/express milk, as well as time to do so.
- Family and Medical Leave Act: FMLA provides 12 work weeks of unpaid leave per 12-month period for covered employees. In addition to federal leave, some states have enacted family and medical leave legislation. Check with your state department of labor for availability in your location.
- Occupational Safety and Health Act (OSHA): These laws regulate workplace safety.
- Short-Term Disability Insurance: Provides partial pay while the covered person is unable to work. Some employers offer this insurance, and some states sponsor programs.
- Social Security Disability: If you’re disabled by a qualifying medical condition and have worked at jobs covered by social security, you might be entitled to disability support.
- Employee Retirement Income Security Act (ERISA): This law sets standards for health and retirement plans.
- Fair Credit Reporting Act (FCRA): If you’ve ever had a prospective employer ask to run a background check, you’ll want to know about your legal protections under this law.
- Fair Labor Standards Act (FLSA): Also known as the 'Wage and Hour Bill', FLSA was enacted by Congress in 1938. It regulates minimum wage, overtime, and child labor laws.
- Employment Credit Checks: Learn how credit checks can be used during the employment process, according to federal law.
- Exempt Employees: If you’re not entitled to overtime pay, you’re an exempt employee. Here’s how your employment status is designated.
- Workers’ Compensation: State-provided insurance for workers who are injured on the job.
- Immigration and Nationality Act (INA): INA legislation specifies rules about work permits and wages for foreign nationals who want to work in the United States.
- Breaks from Work Laws: These laws regulate meal and rest breaks.
- Employee Privacy Law: Learn how to protect your privacy on the job and during a job search.
- Foreign Labor Law: Foreign nationals who want to work in the U.S. must obtain a work visa. The type of visa varies depending on the type of employment.
- Information Employers Can Disclose: Many employers have policies about not giving away information about former employees, e.g., whether they were fired for cause – but that doesn’t mean that they’re legally prohibited from doing so.
- Background Check Law: Regulates employment background checks and the manner in which they can be used during the recruitment process.
- Employment Authorization Document (EAD): This documentation provides proof of legal eligibility to work in the U.S.
- Child Labor Laws: These legal protections restrict and regulate working hours for minors, as well as the types of employment children in which may work.
- Youth Labor Laws: The laws regulate the working hours and conditions of workers under the age of 18.
- Drug Test Laws: Depending on your industry, drug testing may be regulated by state and/or federal law.
- The Wagner Act of 1935 and The Taft-Hartley Act of 1947: Protects the right of workers to organize and to form unions (and regulates how those unions can operate).
- Uniformed Services Employment and Reemployment Rights Act:USERRA outlines procedures and rights related to military leave.
- National Labor Relations Board (NLRB): The NLRB prevents unfair labor practices, in part by protecting workers’ right to organize.
Need more information about specific labor laws? The eLaws Advisors are interactive tools provided by the U.S. Department of Labor that provide detailed information about a number of federal employment laws.
The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state’s laws or the most recent changes to the law.