5 Employment Laws Every Worker and Employer Should Know

U.S. workers are protected by five major categories of employment laws that shape workplace operations. These laws can cover everything from hiring and firing to wages, benefits, and workplace safety. This article will explain each major category in clear terms and connect it to Miller Shah LLP’s experience advocating for employees in matters involving Employment and Employee Rights, Whistleblower and Retaliation, and ERISA and Employee Benefits. 

There are various different issues that can arise in the workplace. However, the five major employment law categories that will be addressed are: wage and hour, anti-discrimination, workplace health and safety, family and medical leave, and labor relations. 

Category 1: Wage and Hour Laws 

Wage and hour laws serve as guidelines for the workplace to ensure that employees are fairly compensated for the labor they provide. There are laws at the federal level that dictate the minimum compensation and maximum hours worked by employees. The Fair Labor Standards Act (FLSA) is the most prominent law that protects workers from exploitation. 

Fair Labor Standards Act (FLSA) 

Administered by the Department of Labor (DOL), the FLSA sets the minimum hourly wage, overtime pay, recordkeeping, and youth employment standards that affect private and public sector employees.  

Key Provisions 

Minimum Wage 

The federal minimum wage is set at $7.25; however, it may differ depending on state minimum wage laws. An employee is entitled to whichever minimum wage is higher. 

Overtime 

Unless exempt, employees must receive overtime pay for all hours worked over 40 hours in a work week. The rate for overtime should not be less than time and a half of their regular rate of pay. There is no limit on the number of hours employees 16+ may work in a workweek. 

Tip Regulations 

An employer is permitted to take a “tip credit” toward their minimum wage and overtime obligations for tipped employees. If an employer claims tip credit, they have to make sure that their employees receive enough tips from customers during the workweek to equal the minimum wage and overtime compensation. 

Hours Worked 

The DOL defines this as all the time an employee must be on duty, or on the employer’s premises, or at any other prescribed place of work. It also includes any additional time an employee is allowed to work. The DOL provides a comprehensive breakdown of what is considered work time and what is not.  

Recordkeeping 

Covered employers are required to keep certain records for each non-exempt worker. There is no specific form of records, but they must have information about the employees and data on their hours worked and wages earned. 

Here is a list of some of the basic records an employer must maintain: 

• Employee’s full name, and SSN 
• Address 
• Birth date 
• Sex & occupation 
• Time and day of week when employee’s work week begins 
• Total hours worked each week 
• Regular hourly pay rate 
• Basis on which employee’s wages are paid 

Child Labor 

• Under 14: Permissible employment is work that is exempt from FLSA, such as delivering newspaper or acting. 
• 14: The minimum age for most non-agricultural work is 14, with strict limits on hours and the times of jobs if a child is under 16. 
• 16: 16- and 17-year-olds can work unlimited hours in non-hazardous occupations. 
• 18: 18 and older are no longer subject to federal child labor restrictions. 
• The DOL provides a list of occupations that all minors under the age of 18 are banned from. 

Category 2: Anti-Discrimination Laws 

Anti-discrimination laws are designed to protect employees and prevent employers from making decisions that fall under protected characteristics. This includes race, color, religion, sex, national origin, age, and disability. The following laws intend to combat discrimination and ensure that employees and job applicants are fairly treated in the workplace. 

Title VII of the Civil Rights Act of 1964 

This Act protects employees and job applicants from employment discrimination on the basis of their race, color, religion, sex, and national origin. This also protects employment decisions such as recruitment, selections, terminations, and other decisions which concern the terms and conditions of employment.  

Equal Pay Act of 1963 

This Act protects men and women from sex-based wage discrimination in the same establishment who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions.  

Age Discrimination in Employment Act of 1967 (ADEA) 

This Act protects individuals aged 40 or over from age-based employment discrimination. 

Rehabilitation Act of 1973 

This Act protects employees and job applicants from all employment discrimination based on their disability who are qualified.  

The Civil Rights Act of 1991 

This Act amends Title VII by strengthening and improving federal civil rights laws and allows recovery of compensatory damages in federal sector cases involving intentional employment discrimination. 

Category 3: Workplace Health & Safety Laws 

All workplaces should be free from hazards to safety and health. Some examples of hazardous and unsafe working conditions would include lack of eye and face protection on the job, failure to provide respiratory protection, lack of machine guarding, or poor ventilation. The Occupational Safety and Health Administration has made it their goal to ensure safe and healthy working conditions for all working men and women. 

Occupational Safety and Health Act (OSHA) 

This law intends to enforce the standards under this act by assisting and encouraging the states in their efforts to assure that there are safe and healthy working conditions. The government will assist by providing for research, information, education, and training in the field of occupational safety and health.  

Key Points 

• Encourages both employers and employees to help reduce workplace hazards. 
• Clarifies that employers and employees have separate responsibilities and rights in achieving safe working conditions. 
• Grants the Secretary of Labor to set safety rules and establish a review commission to help enforce them. 
• Supports building on and improving existing workplace safety efforts. 
• Provides funding and backing for studies on safety and health, and other psychological factors.   
• Aims to find hidden or long-term illnesses and diseases that are caused by workplace environments. 
• Establishes health guidelines so that a worker’s long-term health is protected. 
• Invest in training to increase both the number and competence of people working in the field of occupational safety and health. 
• Make safety inspections more effective by prohibiting advance notice and applying sanctions for violations. 
• Provide appropriate reporting procedures to help achieve the objectives of the Act. 
• Encourage joint labor-management efforts to reduce hazards and injuries. 

Category 4: Family and Medical Leave Laws 

These laws are essential to ensure that all employees are able to balance their work and family responsibilities while maintaining job protection. 

Family and Medical Leave Act (FMLA) 

Eligible employees of covered employees are entitled to unpaid, job-protected leave for familial and medical reasons. During this leave, the same terms and conditions are applied to their group health insurance coverage as if they had not taken leave.  

 Eligible employees are entitled to: 

• 12 workweeks of leave in a 12-month period for: 
• Birth of a child or caring for a newborn within 1 year of birth. 
• For the adoption or foster care placement of a child within one year. 
• To care for a spouse, child, or parent with a serious health condition. 
• Serious health condition that makes an employee unable to perform duties of their job. 
• Any other qualifying exigencies related to family members active duty.  

Category 5:  Labor Relations Laws 

These laws govern relationships amongst employers and employers, particularly when it comes to unions and collective bargaining. 

National Labor Relations Act (NLRA) 

This Act was established in order to protect workplace democracy by allowing employees in the private sector the fundamental right to seek better working conditions and representation without the fear of retaliation. 

Under the NLRA, employees have the right to:  

• Join together to improve wages and working conditions, with or without a union. 
• Unionize, organize, and take collective action without employer interference. 
• Communicate with other employees about their wages in the workplace. 
• Request representation during an investigatory interview that could lead to discipline. 
• Strike 
• Be protected from employer retaliation for exercising their workplace rights. 

How an Employment Law Firm Can Help 

At Miller Shah, our attorneys are highly experienced in all areas of labor and employment law, including discrimination, harassment, wrongful termination, ERISA and employee benefits disputes, labor-management relations, worker misclassification, occupational safety and health, wage and hour violations, affirmative action and equal employment opportunity, whistleblowing, retaliation, workforce reductions, and much more.