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Employment Law

Legal information last reviewed: July 3, 2026

Employment law covers the rights and obligations between workers and employers — wages, discrimination, safety, and termination — and in the US it's a patchwork of federal law setting a floor, with state law often adding more protection on top.

At-will employment

Most US employees work 'at will,' meaning either side can end the relationship at any time for any legal reason, or no reason at all. The major exception is that termination can't be for an illegal reason like discrimination or retaliation, or in violation of an employment contract.

Wage and hour law

The Fair Labor Standards Act sets a federal minimum wage and overtime rules — time-and-a-half over 40 hours a week for non-exempt employees. Many states set higher minimum wages and add protections like required meal and rest breaks.

Discrimination and harassment

Federal law bars discrimination based on race, color, religion, sex, national origin, age (40 and older), and disability. Many states add categories like sexual orientation, gender identity, and marital status.

Leave and accommodations

The FMLA guarantees eligible employees at larger employers unpaid, job-protected leave for qualifying medical and family reasons. The ADA requires reasonable accommodation for disabilities unless it would cause undue hardship for the employer.

Wrongful termination

Firing that violates an employment contract, breaks anti-discrimination or anti-retaliation law, or violates public policy — like firing someone for refusing to break the law or for whistleblowing — can be challenged even under at-will employment.

When to hire a lawyer

Talk to a lawyer before signing a severance agreement, before filing a discrimination or retaliation claim, or as soon as you suspect a termination or demotion was for an illegal reason. Many employment lawyers offer free consultations and take strong cases on contingency.

Frequently asked questions

Can I be fired for no reason?
In most states, yes — at-will employment generally means an employer doesn't need a reason, as long as the actual reason isn't illegal.
What's the difference between employment law and labor law?
Employment law generally covers individual worker rights; labor law usually refers specifically to union organizing and collective bargaining under the National Labor Relations Act.
Do I need a lawyer to file a discrimination complaint?
You can file with the EEOC or your state agency yourself for free, but a lawyer helps evaluate the claim's strength and work through the process, especially given the filing deadline.
How long do I have to file an employment claim?
Deadlines vary widely by claim type — discrimination charges with the EEOC often must be filed within 180 to 300 days of the incident, much shorter than many people expect.
Is my employer required to give severance?
Generally no, unless required by a contract, company policy, or a mass layoff law like the WARN Act, which requires advance notice rather than severance itself. Otherwise severance is a matter of negotiation.
Can I record my boss or coworkers at work?
Depends on your state's recording consent laws — some allow recording with only one party's consent, others require everyone's consent.

Employment Law laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

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This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.