Employment law is a broad area encompassing all areas of the employer/employee relationship. Employment law consists of thousands of federal and state statutes, administrative regulations, and judicial decisions. Many employment laws (such as minimum wage regulations) were enacted as protective labor legislation. Other employment laws take the form of public benefits, such as unemployment compensation.
Employment discrimination laws seek to prevent discrimination by employers based on a number of characteristics including race, sex, sexual orientation, religion, national origin, physical disability, and age. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment.
Unemployment insurance provides workers, whose jobs have been terminated through no fault of their own, monetary payments for a given period of time or until they find a new job.
Upon retirement many workers continue to receive monetary compensation from their employer in the form of a pension. There are two main types of pensions.
- defined benefit plan,
- The benefit that an employee receives is normally based on the length of a workers employment and the wages that were received. An employee typically need not make contributions to this plan.
- defined contribution plan
- The employer makes regular deposits into an account established for each employee. The employee is not guaranteed to receive a given amount during retirement but only the amount in the account.
menu of sources
U.S. Constitution and Federal Statutes
- 29 U.S. Code - Labor.Representative chapters pertinent to employment:
- 42 U.S. Code - The Public Health and Welfare.Representative chapters pertinent to employment:
- Chapter 126. - Equal Opportunity for Individuals with Disabilities
- CRS Annotated Constitution
Federal Agency Regulations
- Code of Federal Regulations: 29 C.F.R. - Labor For other federal agency regulations concerning employment law, see specific topical pages.
Federal Judicial Decisions
- U.S. Supreme Court:
- U.S. Circuit Courts of Appeals: Recent Decisions dealing with Employment
- CRS Annotated Constitution:
- Article I: Federal Versus State Labor Laws
- First Amendment: Government as Employer: Free Expression Generally
- First Amendment: Employment Restrictions and Loyalty Oaths
- State laws concerning compensation, hours, and other conditions of work
- Other state statutes concerning:
State Judicial Decisions
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
Conventions and Treaties
- Dealing with Human Rights (including those bearing on employment)
Key Internet Sources
- U.S. Department of Labor Home Page
- Employee Rights (Nolo)
- Internet Law Library (list of links)
- AHI's Employment Law Resource Center
- Summary of Federal Employment Law from the Matthies law firm
- Employment Law Information Network
- Human Resources Law (Nolo)
- National Employment Law Institute
- Cornell University's School of Industrial and Labor Relations
Useful Offnet (or Subscription - $) Sources
- Good Starting Point in Print: Mark A. Rothstein et al., Rothstein, Craver, Schroeder, Shoben, and Vander Velde's Hornbook on Employment Law, West Group (2004)