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Labor Laws and Issues
Learn about some important employment laws and issues.
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
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.
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:
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:
Title VII of the Civil Rights Act of 1964 (Title VII), preventing discrimination based on race, color, religion, national origin, or sex (including sexual orientation and gender identity)
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.
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.
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.
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.
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:
The federal minimum wage is the minimum hourly pay for many workers. Tipped employees may have a different wage.
The minimum wage is currently $7.25 per hour for covered nonexempt employees, effective July 24, 2009. Learn more about the minimum wage in the Fair Labor Standards Act (FLSA).
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 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.
For complaints about safety issues on the road, such as being forced to drive in unsafe conditions, fill out the online complaint form or call 1-888-DOT-SAFT (1-888-368-7238).
If you have a complaint about safety issues occurring inside a trucking building or facility, there are a variety of ways for workers to file a complaint with the Occupational Safety & Health Administration (OSHA).
Most Other Industries: File a complaint with the Occupational Safety & Health Administration (OSHA). Please note: OSHA may refer you to a state agency.
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
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.
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.
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:
Contact your State Labor Office for more information on wrongful termination laws in your state.
Seek legal counsel if your employer terminated you for any reason not covered under state or federal law.
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.
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.
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.
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.
