Learn about workplace rights, employment relationships, wrongful termination, wage laws, discrimination, and independent contractor classification.
49 states adhere to at-will employment, with Montana being the primary exception. Many states have enacted broader worker protections than federal standards, including higher minimum wages and stricter worker classification tests.
Employment law encompasses the complex network of federal, state, and local statutes, judicial precedents, and administrative regulations that govern the employer-employee relationship. While the default presumption in 49 states is 'at-will' employment (Montana being the sole exception requiring good cause after probation), federal civil rights statutes, wage and hour mandates, and safety protections establish non-negotiable baselines that employers cannot override by contract.
Prohibits employment discrimination based on race, color, religion, sex, or national origin.
Establishes federal minimum wage, overtime pay standards, and child labor restrictions.
Federal regulatory body enforcing anti-discrimination statutes in workplaces with 15+ employees.
Guarantees the right of employees to organize and engage in collective bargaining.
Termination is unlawful if it violates statutory protections (discrimination, retaliation), public policy, or an express contract.
Employees must meet specific salary basis and job duties tests (executive, administrative, or professional duties).
Enforceability varies heavily by state—California completely voids them, whereas states like Florida enforce them if reasonable.
At-will employment allows an employer to dismiss an employee for any reason—or no reason at all—provided the reason is not discriminatory or contrary to law.
Wrongful termination occurs when an employer discharges a worker in violation of anti-discrimination statutes, public policy, or employment contracts.
Federal civil rights statutes prohibit employment discrimination based on race, sex, age, disability, and religion across hiring, promotion, and termination.
Worker classification determines eligibility for overtime, minimum wage, workers' comp, and payroll taxes under DOL, IRS, and state legal standards.
In most states with local anti-discrimination agencies, you have 300 days from the date of the alleged discrimination. In states without local agencies, the deadline is 180 days.
Under the FLSA salary basis test, exempt employees must receive their full predetermined salary for any workweek in which they perform work, with very limited exceptions.
Courts examine economic reality and behavioral control. States like California use the strict 'ABC test', requiring employers to prove the worker is free from control.