Key Federal Employment Laws

Why This Matters

Federal employment laws form the backbone of workplace protections in the United States, and you're being tested on how these statutes interact, overlap, and create a comprehensive framework for employee rights. Understanding these laws isn't just about memorizing dates and thresholds—it's about recognizing which legal principle applies to which situation, whether that's discrimination claims, wage disputes, or collective action rights.

These laws reflect broader legal concepts you'll encounter throughout employment law: protected class theory, employer liability standards, administrative enforcement mechanisms, and the balance between employer flexibility and employee protection. When you study these statutes, focus on their coverage thresholds, enforcement agencies, and the specific rights they create. Don't just memorize the law names—know what problem each law solves and when it applies.

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Anti-Discrimination Protections

These laws establish protected classes—categories of workers shielded from adverse employment actions based on specific characteristics. The core principle is that employment decisions must be based on qualifications and performance, not immutable traits or protected activities.

Title VII of the Civil Rights Act of 1964

• Prohibits discrimination based on race, color, religion, sex, and national origin—the foundational anti-discrimination statute that defines modern employment law
• Applies to employers with 15+ employees—this threshold appears frequently on exams, so memorize it alongside the protected classes
• Created the EEOC (Equal Employment Opportunity Commission)—the primary federal agency for investigating and enforcing workplace discrimination claims

Americans with Disabilities Act (ADA)

• Requires reasonable accommodations for qualified individuals with disabilities—employers must modify job duties or workplaces unless doing so creates undue hardship
• Covers physical and mental impairments that substantially limit major life activities—the definition of "disability" has been broadly interpreted since the 2008 amendments
• Same 15-employee threshold as Title VII—making these two statutes often apply together in discrimination cases

Age Discrimination in Employment Act (ADEA)

• Protects workers aged 40 and older from age-based discrimination—note that younger workers receive no federal age protection
• Higher threshold of 20+ employees—this differs from Title VII and ADA, a common exam trap
• Prohibits mandatory retirement for most positions—with narrow exceptions for executives and public safety officers

Equal Pay Act

• Mandates equal pay for equal work regardless of sex—jobs must require substantially equal skill, effort, and responsibility under similar conditions
• No minimum employee threshold—unlike most federal employment laws, this applies to virtually all employers
• Permits pay differences based on seniority, merit systems, or factors other than sex—these are affirmative defenses employers can raise

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Wage and Hour Standards

These laws establish minimum compensation requirements and regulate working conditions. The underlying principle is that workers deserve baseline protections against exploitation, regardless of their bargaining power.

Fair Labor Standards Act (FLSA)

• Sets federal minimum wage and overtime requirements—overtime kicks in at 40 hours per workweek at 1.5 times regular pay
• Exemptions for "white collar" employees—executive, administrative, and professional workers meeting salary and duties tests don't receive overtime
• Regulates child labor—restricts hours and types of work for minors, with stricter rules for hazardous occupations

Employee Retirement Income Security Act (ERISA)

• Establishes minimum standards for private pension and health plans—doesn't require employers to offer benefits, but regulates them if offered
• Imposes fiduciary duties on plan administrators—they must act solely in participants' interests when managing plan assets
• Requires disclosure and reporting—participants must receive summary plan descriptions and annual financial reports

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Workplace Safety and Health

This category addresses the employer's duty to provide safe working conditions. The principle is that workers shouldn't have to choose between their livelihood and their physical wellbeing.

Occupational Safety and Health Act (OSHA)

• Requires workplaces "free from recognized hazards"—this general duty clause applies even where no specific standard exists
• Enforced through inspections and citations—OSHA can conduct workplace inspections and impose penalties for violations
• Protects whistleblowers from retaliation—employees can report unsafe conditions without fear of termination or discipline

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Leave and Job Protection

These laws create job-protected absences for specific circumstances. The principle balances employer operational needs against employee life events that require time away from work.

Family and Medical Leave Act (FMLA)

• Provides 12 weeks of unpaid, job-protected leave—for birth/adoption, serious health conditions, or caring for ill family members
• Applies to employers with 50+ employees within 75 miles—the highest threshold among major employment laws
• Maintains health benefits during leave—employers must continue coverage as if the employee were still working

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Collective Rights and Labor Relations

These laws protect workers' rights to act collectively. The principle is that individual workers lack bargaining power against employers, so collective action levels the playing field.

National Labor Relations Act (NLRA)

• Guarantees rights to organize and bargain collectively—protects union formation, strikes, and other concerted activity
• Prohibits unfair labor practices by both employers and unions—including interference with organizing and refusal to bargain in good faith
• Enforced by the NLRB (National Labor Relations Board)—an independent agency that conducts elections and adjudicates complaints

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Immigration and Work Authorization

These laws regulate who may legally work in the United States. The principle balances immigration enforcement with protection against national origin discrimination.

Immigration Reform and Control Act (IRCA)

• Requires I-9 verification for all new hires—employers must confirm identity and work authorization within three days of hire
• Prohibits discrimination based on citizenship status—employers cannot favor citizens over authorized non-citizens (or vice versa)
• Creates employer sanctions for knowingly hiring unauthorized workers—with civil and criminal penalties for violations

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Quick Reference Table

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Self-Check Questions

1. Which two anti-discrimination statutes share the same 15-employee coverage threshold, and which major statute requires 20 employees?

2. An employee requests time off for a serious health condition. Compare how FMLA and ADA might each apply to this situation—what does each law provide?

3. If an FRQ asks you to identify which law applies to a wage dispute involving overtime pay, which statute governs, and what is the key exemption category you should discuss?

4. What distinguishes the Equal Pay Act from Title VII's prohibition on sex-based compensation discrimination in terms of coverage and proof requirements?

5. Compare the enforcement mechanisms of Title VII (EEOC) and the NLRA (NLRB)—what types of claims does each agency handle, and how do their roles differ?