What Is Employment Law?

Employment law provides protections for workers while outlining the legal obligations businesses must follow under state and federal law.

Employment lawyers specialize in representing either employers or employees. It is a conflict of interest for employment attorneys to represent both. Those representing employees may assist unions, help with discrimination suits, or negotiate employee contracts.

This page explains employment law and how attorneys who practice in this area help their clients. You’ll learn about common employment law issues, how an attorney can support you as either an employee or business owner, and more.

Employment Law Issues

State and federal laws protect employees’ rights in the workplace. You need legal advice if you have employment issues involving your employer or worksite conditions.

• Employment discrimination: Federal law bans discrimination in the workplace based on race, religion, gender, or national origin.
• Sexual harassment: Sexual harassment occurs when an employer demands sexual favors in exchange for a job or promotion, or allows a hostile work environment to continue.
• Wage and hour: The Fair Labor Standards Act (FLSA) sets the minimum wage, overtime pay, and child labor laws.
• Wrongful termination: Employers may not fire you in retaliation for a legal complaint or protected characteristics (such as race, gender, pregnancy, etc.).
• Workers’ compensation: All states except Texas require employers to carry workers’ comp insurance. In some cases, workers’ comp may not apply to your injury.

Employees often must file complaints with the Equal Employment Opportunity Commission (EEOC) before they can sue. Having an attorney review your case before making any legal claim is a good idea.

Considerations When Hiring an Employment Lawyer

Federal laws may not cover small businesses. Most employment laws apply to companies with more than 15 employees. Some, such as the Family and Medical Leave Act (FMLA), apply to companies with more than 50 workers.

But states have implemented laws to cover smaller businesses. For instance, California employment laws include higher minimum wages, paid sick leave, and presumptive whistleblower protections. For this reason, having a lawyer who knows your local labor laws is essential for legal action.

An employment law case may involve several legal issues. Some of these are time-limited. You must get legal help when you believe you have an employment matter.

How Employment Lawyers Help Businesses

Employment lawyers who represent employers provide guidance on state and federal laws. They also help negotiate contracts and defend against employment discrimination lawsuits.

Whistleblower cases happen when an employee reports violations within a company or government agency. These violations could be related to employment issues or business practices. Lawyers who represent employers provide legal advice on how to best defend against these allegations. They will help make sure the proper steps are taken and defend the organization in any legal action.

How Employment Lawyers Help Employees

When employees have employment law issues, they also need the right lawyer to figure out the next steps. Often the employee must first file a claim with the EEOC or a state agency before filing a lawsuit. This would include cases of sexual harassment, discrimination, and issues about pay and benefits.

Employment contracts and violations of the employee handbook also come up. Employees should look for a good lawyer who has experience handling cases from the employee’s perspective.

To learn more about the employment laws in your state, see:

• Required Labor Posters: State Guide
• Final Paycheck Laws by State
• State Pay Day Requirements
• List of Department of Labor (DOL) field offices

How To Find an Employment Law Attorney

No matter which side of an employment law case, a lawyer can review the case and give you important legal advice. You’ll want a local attorney who knows both state and federal employment laws that apply to your case.

FindLaw’s directory of employment law attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Your search results will also show ratings and contact information. Then, reach out for expert advocacy, support, and legal representation.

Employment Law Terms To Know

The following terms are often used when discussing employment law. For a comprehensive list of terms, see FindLaw’s Employment Law Dictionary.

• Age Discrimination in Employment Act (ADEA). A federal law protecting workers over 40. Employers may not make employment decisions based on a worker’s age. The ADEA only applies to businesses with more than 20 employees.
• Americans with Disabilities Act (ADA): Law that prohibits discrimination against any employee or applicant with a disability.
• At-will employment: An employment relationship where there is no employment contract. Either party may end the employment relationship at any time for any reason. Some states have partial protections for at-will employees.
• Back pay: Damages awarded in an employment lawsuit. Back pay is the money the employee would have earned if not fired or denied a promotion illegally.
• Constructive Discharge: A situation where an employee quits, but the employer is liable because the employee was forced to resign due to intolerable working conditions
• Equal Employment Opportunity Commission (EEOC): A federal agency that handles violations of employment law, typically dealing with discrimination based on sex, race, age, or religion
• Family and Medical Leave Act (FMLA): Law that prohibits employers from discriminating against employees who choose to take time off work for personal or family medical issues
• Front pay: Damages awarded in an employment lawsuit. This represents the money an employee would have earned if given the higher-paying position they were unlawfully denied.
• Hostile working environment: A workplace where harassment or other offensive conduct is “severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive”
• Wage: A payment for labor or services on an hourly, daily, or piecework basis

Related Practice Areas

• Business and Commercial Law
• Civil Rights Law
• Discrimination Law
• Labor Law
• Workers’ Compensation Law