Employment Law News & Legal Analysis
The latest employment law news, case analysis, and legal developments from The Trial Attorneys.
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What Is Employment Law?
Employment law governs the relationship between employers and employees, covering hiring, wages, workplace safety, discrimination, and termination. Federal law sets minimum protections for workers nationwide. Most states provide additional protections beyond the federal floor.
Your key workplace rights include:
- Protection from discrimination based on race, sex, age, disability, religion, and national origin
- The right to a safe workplace under OSHA standards
- Protection from retaliation for reporting violations or filing complaints
- The right to overtime pay for eligible workers
- Protection from wage theft, including unpaid overtime and illegal deductions
- The right to take protected leave under the FMLA
Most American workers are employed at-will, meaning employers can generally terminate employment for any reason. However, they cannot fire employees for discriminatory reasons, in retaliation for protected activity, or in violation of an employment contract.
Employment disputes have strict deadlines. Federal discrimination claims often require filing with the EEOC within 180 to 300 days of the discriminatory act. Acting promptly is essential.
Frequently Asked Questions
What is wrongful termination?
Wrongful termination occurs when an employer fires an employee for an illegal reason, including discrimination based on race, sex, age, disability, religion, or national origin; retaliation for whistleblowing or filing a complaint; or violation of an employment contract. Being fired unfairly or without good cause is not automatically wrongful termination under the law.
What should I do if I am being sexually harassed at work?
Document everything, including dates, times, witnesses, and exactly what was said or done. Report the harassment through your employer's internal complaint procedures if you feel safe doing so. If the harassment continues or you face retaliation for reporting it, consult an employment attorney.
Am I entitled to overtime pay?
Most hourly employees are entitled to overtime pay at one and a half times their regular rate for hours worked over 40 in a workweek under the Fair Labor Standards Act. Some employees are exempt from overtime requirements based on their job duties and salary level. Misclassifying employees as exempt when they are not is a common form of wage theft.
Can my employer retaliate against me for filing a complaint?
No. Retaliation against an employee for engaging in legally protected activity is illegal. Retaliation can take many forms beyond termination, including demotion, pay cuts, schedule changes, and hostile treatment. Document any adverse actions taken after you engage in protected activity.
Do I need to file with the EEOC before suing my employer?
For federal discrimination claims under Title VII, the ADA, and the ADEA, you must file a charge with the Equal Employment Opportunity Commission before filing a lawsuit. You must do this within 180 or 300 days of the discriminatory act, depending on your state.
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Having a Problem at Work?
Employment disputes require prompt action. Deadlines are strict and evidence can disappear. The Trial Attorneys connects you with employment attorneys who protect workers’ rights.