Federal Employment Law: Your Rights in the Workplace

Key Federal Laws Protecting Workers

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., establishes minimum wage, overtime pay, recordkeeping, and child labor standards. The current federal minimum wage is $7.25 per hour, and non-exempt employees must receive overtime pay at one and one-half times their regular rate for hours worked over 40 in a workweek.

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. Employers with 50 or more employees within a 75-mile radius are covered.

Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, and national origin. The Pregnancy Discrimination Act amended Title VII to clarify that discrimination based on pregnancy, childbirth, or related medical conditions constitutes sex discrimination.

The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., protects individuals who are 40 years of age or older from employment discrimination. Unlike Title VII, the ADEA requires that age be the 'but-for' cause of the adverse employment action, a higher standard established by the Supreme Court in Gross v. FBL Financial Services (2009).

Steps to Protect Your Workplace Rights

Documentation is the foundation of any employment claim. Employees should maintain contemporaneous records of discriminatory or harassing conduct, including dates, times, witnesses, and the substance of any conversations. Emails, text messages, and performance evaluations should be preserved.

Filing a charge with the EEOC is a prerequisite to bringing most federal employment discrimination claims in court. The charge must be filed within 180 days of the discriminatory act (300 days in states with a state or local agency that enforces employment discrimination laws). The EEOC will investigate and either file suit or issue a right-to-sue letter.

Retaliation claims are among the most common and successful employment claims. Federal law prohibits employers from retaliating against employees who report discrimination, file complaints, or participate in investigations. Retaliation can include termination, demotion, transfer, or any other materially adverse action.

Class and collective actions can be powerful tools for addressing systemic employment violations. FLSA claims can be brought as collective actions under 29 U.S.C. § 216(b), while Title VII and other discrimination claims can proceed as class actions under Federal Rule of Civil Procedure 23.

Errors That Can Weaken Your Employment Claim