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What is employment law?

Practice area: Employment Law · Reviewed 2026-09-22

Employment law governs the relationship between workers and employers: hiring, pay, hours, leave, discrimination, safety, privacy and termination. In the United States it is a patchwork — federal statutes set the floor, state and local laws add more, and the employment-at-will default shapes everything else.

Generally lawful to fire forNo reason at allPoor performance or bad fitRestructuring or cost cuttingConduct outside work, in most statesUnlawful reasonsRace, sex, religion, age 40+, disabilityTaking FMLA or protected leaveReporting illegality or safety hazardsFiling a workers compensation claimUnion or collective activityBreach of an express contract
At-will employment is the default in 49 states — the exceptions are where cases live.

The federal floor

  • FLSA — minimum wage, overtime at time and a half beyond 40 hours, child labour rules.
  • Title VII, ADA, ADEA — discrimination based on race, colour, religion, sex, national origin, disability and age.
  • FMLA — up to 12 weeks of unpaid job-protected leave at employers with 50 or more employees.
  • OSHA — workplace safety and the right to report hazards without retaliation.
  • NLRA — the right to act together over working conditions, which covers non-union workplaces too.

Employment at will, and its limits

In every state except Montana, employment is presumed at will: either side can end it at any time for any reason, or none. The exceptions are what most cases are about — dismissal for a protected characteristic, for taking protected leave, for reporting illegality or safety problems, for filing a workers' compensation claim, or in breach of an express contract or a policy that created one.

Deadlines

Discrimination claims start with an administrative charge — 180 days to the EEOC, or 300 where a state agency exists. Wage claims usually allow two or three years. Whistleblower statutes can be far shorter, some as little as 30 days. These deadlines end more claims than any defence does.

Practical first steps

Keep copies of your contract, handbook, pay records and performance reviews — obtained before a dispute, not after. Put complaints in writing, and keep them factual and dated. Read any severance agreement before signing: most contain a release of claims, and federal law gives workers over 40 at least 21 days to consider one and 7 days to revoke.

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This page explains general rules in the United States and is not legal advice. Deadlines and definitions differ by state, and only a licensed attorney can tell you how the law applies to your own situation.