Labor Laws and Issues

Learn about some important employment laws and issues.

Discrimination and Harassment at Your Job

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. These laws protect employees and job applicants against:

  • Discrimination, harassment, and unfair treatment by managers, co-workers, or others in the workplace because of race, color, religion, sex (including gender identity, transgender status, and sexual orientation), pregnancy, national origin, age (40 or older), disability, or genetic information

  • Denial of a reasonable workplace accommodation for disability or religious beliefs

  • Retaliation because they complained about job discrimination, or helped with a job discrimination investigation or lawsuit

Not All Employers Are Subject to EEOC Laws

An employer must have a certain number of employees to be covered by EEOC-enforced laws. This number varies depending on the type of employer (such as business or government agency) and the kind of discrimination alleged (such as race or age).

  • Businesses and state and local governments must have at least 15 employees for EEOC involvement in most types of discrimination complaints.

  • For age discrimination complaints:

    • Businesses must have at least 20 employees.

    • State and local governments have no minimum number of employees.

  • Federal agencies are covered by EEOC laws for all types of discrimination no matter how many employees they have.

Filing a Charge with the EEOC

If you are being harassed or discriminated against, you can file a charge with the EEOC. You have 180 days from the date of the event to file a complaint. In some situations, this deadline may be extended.

Federal employees and job applicants have a different complaint process.

Filing a Complaint with State or Local Government or with a Tribal Employment Rights Office

Most states and many local governments have their own anti-discrimination laws and their own agencies that enforce them. These laws may offer protections beyond EEOC-enforced laws.

Some state laws:

  • Apply to businesses with only five or six employees

  • Protect people from discrimination because they’re married or unmarried or have children

  • Have different deadlines for filing a charge or different standards for deciding whether you’re covered by them

To find state and local agencies and tribal employment rights offices:

  1. Find the EEOC field office that has jurisdiction over your area.

  2. Select “State and Local Agencies” from the office information list in the box on the left.

Many states have more protections for nursing mothers than what federal law requires. When they do, these laws are enforced by state labor offices.

Filing a Lawsuit

Victims of discrimination or harassment can file a lawsuit. If you feel you’ve been discriminated against under federal law, you must first file a charge with the EEOC, except for cases involving unequal pay between men and women.

You may decide to sue if the EEOC can’t help you with your complaint. In either case, look for an attorney who specializes in employment law. You can check with:

Laws that the EEOC Enforces

Federal employment discrimination laws include:

Harassment

Harassment is unwelcome conduct based on race, color, religion, sex, national origin, age, pregnancy, disability, or genetic information.

It can include:

  • Offensive jokes

  • Physical assaults or threats

  • Ridicule or insults

  • Display of offensive objects or pictures

Sexual harassment may include:

  • Unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature

  • Offensive remarks about a person's sex—for example, offensive remarks about women in general

Harassment becomes illegal when:

  • It creates a hostile or abusive work environment

  • Refusing to put up with it results in the victim being fired or demoted

Protection from Retaliation

Equal Employment Opportunity laws prohibit retaliation against employees and job applicants who take action against discrimination or harassment at the workplace. For example, it’s unlawful to punish people for:

  • Filing or being a witness in an EEO charge or investigation

  • Communicating with a supervisor or manager about job discrimination or harassment

  • Refusing to follow orders that would result in discrimination

  • Resisting sexual advances, or intervening to protect others

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Employment Background Checks

Local, state, or federal government agencies and private employers may perform background checks when they hire an employee.

The FBI has contact information for the state agencies that conduct background checks

Request a Copy of a Federal Background Check or an Identification Record

The FBI website has information on how to request a federal background check or an identification record request.

Following the information on how to request a federal background check, you'll find information on how to challenge inaccurate or incomplete information that appears on your record.

Arrest Records

If you are looking for information on arrest records, contact the appropriate law enforcement agency.

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Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal labor law that allows an eligible employee to take an extended leave of absence from work due to:

  • Illness
  • Caring for a qualifying sick family member
  • The birth or adoption of a child
  • Military caregiving or other emergencies related to a family member's active duty service

 

This unpaid leave is guaranteed by law and is available to workers at companies with 50 or more employees. FMLA fact sheets can help you understand your rights and coverage.

Questions or Reporting a Violation of the FMLA

If you have unanswered questions about the FMLA or you believe someone has violated your rights under FMLA, contact the Department of Labor’s Wage and Hour Division for assistance.

Employer Information

Employers with FMLA eligible employees have specific rights and responsibilities under the law. Learn how different types of employers may be covered by the FMLA.

If you are an employer with concerns about false FMLA leave, contact the Wage and Hour Division with any questions about FMLA compliance and seek the advice of your company's legal and human resources departments.

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Labor Unions

A labor union or trade union is an organization of workers which bargains with employers on behalf of union members and negotiates labor contracts. Elected union leaders negotiate specific items of employment including:

  • Pay and benefits
  • Complaint procedures
  • Hiring and firing guidelines
  • Help with unfair labor practices

Agreements union leaders negotiate are binding on the union members, the employer, and in some cases, on other non-union workers. Labor unions can be found in the private sector, federal agencies or at a state or local government place of employment.

Private Sector (Non-Government) Employees

The National Labor Relations Board (NLRB) is an independent federal agency which has oversight to protect the rights of most private-sector (non-government) employees to organize and to determine whether to have unions as their bargaining representative.

  • If you and your co-workers want to start a union or join or end your representation in an existing one, file a petition form. Your petition must show the support of at least 30 percent of your fellow employees.
  • If you have a complaint about a union, contact your nearest NLRB regional office.
  • The NLRB does not handle complaints or inquiries about certain forms of employment discrimination such as race, sex, issues regarding workplace safety, entitlement to overtime pay, or family and medical leave. Federal and state laws and agencies regulate those forms of employment discrimination. Visit the related agencies section of the NLRB website to see which agency can help with your specific complaint.  

Federal and State Government Employees

  • If you are a federal employee and have a question or complaint about federal unions, contact the Federal Labor Relations Authority (FLRA), an independent federal agency responsible for the labor-management relations program. It establishes policies and resolves disputes for most federal employees and their managers.
  • If you and your fellow employees want to be represented by a union, contact an FLRA regional office to see if one already exists at your agency. If one does not exist and you are interested in representation, file a petition form with your closest FLRA regional office.
  • If you are a state or local government employee and have a question about unions, contact the information officer of the NLRB regional office closest to your job. 

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Minimum Wage, Overtime, and Misclassification

The U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws, including:

Minimum Wage

Overtime Pay

An employer may require or permit a worker to work overtime. The Fair Labor Standards Act requires that workers who clock more than 40 hours per week receive overtime pay with few exceptions.

Misclassification

Misclassification is when an employer declares that a worker is an independent contractor instead of an employee, even if that worker should be classified as an employee under the law. This can affect a worker’s pay, protections, and benefits as well as cause tax problems for both businesses and workers.

Labor laws vary by state. Contact the state government for information about specific laws where you work. 

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Unsafe Workplace Complaints and Conditions

Several different federal government agencies handle questions or complaints about workplace issues, depending on the nature of the issue:

Workers’ Rights

As an employed worker, you’re entitled to certain rights in the workplace - especially ones that keep you safe. These include the right to:

  • Be trained in a language that you understand
  • Be provided with the necessary safety equipment
  • Report injury or illness
  • Voice your concern over unsafe working conditions without fear of retaliation

In order to improve safety in the workplace, the Occupational Safety & Health Administration (OSHA) updated its existing rules regarding how employers must report injury or illness in the workplace.

As of January 1, 2017, certain employers are required to electronically submit injury or illness data. Doing this allows OSHA to improve enforcement of workplace safety requirements and provide valuable information online for workers, job seekers, customers, and the general public. The new rule also prohibits employers from discouraging their workers from reporting an injury or illness.

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Workers' Compensation

Workers' compensation laws protect employees who get hurt on the job or sick from it. The laws establish workers’ comp, a form of insurance that employers pay for. These laws vary from state to state and for federal employees. In general, workers’ comp provides:

  • Coverage for workers’ medical expenses

  • Compensation for lost wages while a worker is out recovering  

  • Benefits for dependents of workers who died from job-related hazards

Private Sector and State or Local Government Employees

If you get hurt working for a private company or state or local government, seek help through your state. Your state workers' compensation program can help you file a claim. If your claim is denied, you can appeal.

Longshoremen, Harbor Workers, Coal Miners, and Federal Employees

Federal laws protect longshoremen, harbor workers,  coal miners, and federal employees. Contact the workers' compensation program that applies to you for help filing a claim.

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Wrongful Discharge/Termination of Employment

If you feel that you have been wrongfully fired from a job or let go from an employment situation, you may wish to learn more about your state's wrongful discharge laws.

  • Wrongful termination or wrongful discharge laws vary from state to state.
  • Some states are "employment-at-will" states, which means that if there is no employment contract (or collective bargaining agreement), an employer can let an employee go for any reason, or no reason, with or without notice, as long as the discharge does not violate a law.

 

If you feel you have been wrongfully discharged or terminated from employment, you may: 

Employers

If you are an employer seeking information about legal termination of employees, you may wish to contact both the Equal Employment Opportunity Commission (EEOC) and your State Labor Office to ensure you do not violate any federal or state labor laws. You may wish to consult with a licensed attorney.

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Youth Labor Laws

Types of Work, Hours, and Pay

If you are under 18 and want to get a job it is important to know what rights and restrictions you have as a worker. Youth labor laws are designed to protect you from unsafe and inappropriate work experiences and to make sure that your job doesn’t interfere with your schooling.  These laws establish:

  • What types of work you’re allowed to do
  • When you’re allowed to work
  • How many hours per week you’re allowed to work
  • How much you should be paid

 

The Department of Labor’s Youth Rules website helps you:

  • Know the Rules: Select your age and learn what work you’re allowed to do and when you’re allowed to work.  
  • Find Support: Learn about other agencies that can help you and learn how to file a complaint.

It also helps employers, parents and educators stay informed.

Youth Rules also has a Law Library, which includes both federal and state laws. The rules for young employees are different depending on your age and the state you live in. When federal and state rules are different, the rules that provide the most protection apply.

Safety and Health

Employers must follow all Occupational Safety & Health Administration (OSHA) standards to keep you from being injured at work. In addition to following the federal and state rules on youth labor, employers must:

  • Provide a hazard-free workplace
  • Provide training on potential workplace hazards
  • Provide you with resources to answer your questions on safety or health in the workplace
  • Tell you what to do if you get hurt on the job  

 

OSHA provides resources for young workers, including information on how to protect yourself in restaurant, agricultural, construction, and landscaping jobs.

You can find statistics and other details on job-related hazards and injuries at the National Institute for Occupational Safety and Health Young Worker site.

Equal Employment Opportunities

Youth@Work, a division of the Equal Employment Opportunity Commission (EEOC),  will help you:

  • Learn your rights as a young worker
  • Identify workplace discrimination
  • Learn what laws are enforced by the EEOC
  • File a complaint if you suspect workplace discrimination
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Last Updated: November 07, 2018