Written by Nicole Truso from Faegre Drinker Biddle & Reath LLP on March 20, 2024
Introduction
There are numerous federal, state and local employment laws, which are enforced by a variety of administrative agencies and courts. At the federal level, these agencies include:
- the Department of Labor, which oversees federal wage and hour laws, worker health and safety standards, family and medical leave, and federal contracts;
- the Equal Employment Opportunity Commission (EEOC), which enforces laws prohibiting discrimination against job applicants or employees;
- the Occupational Safety and Health Administration, which regulates workplace safety and health conditions; and
- the National Labor Relations Board, which oversees key laws applicable to employers and labour unions.
The numerous federal employment laws include the Fair Labor Standards Act (FLSA), the Immigration and Nationality Act, the Occupational Safety and Health Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Employee Retirement Income Security Act and the National Labor Relations Act (NLRA). In addition to seeking enforcement of these and other federal laws by government agencies, employees may also file civil lawsuits in federal court. However, in some instances, employees must first file a complaint with the applicable agency prior to commencing litigation. For example, an employee alleging age discrimination in violation of the federal Age Discrimination in Employment Act must file a charge with the EEOC prior to filing a lawsuit in federal court.
Many states and municipalities have enacted local employment laws. Some jurisdictions have substantially expanded employees’ rights and protections under federal law. These state and local statutes and regulations address a wide array of job-related matters, including hiring practices, pay equity, minimum wage, paid sick and family leave, harassment, discrimination, off-duty social and recreational activities, drug testing, access to personnel files, unemployment benefits and workers’ compensation (in respect of job-related injury). Some of these laws are enforced by state or municipal agencies while others allow employees to seek redress in the state courts.
Federal employment laws generally pre-empt state and local employment laws. However, state and local employment laws on matters not encompassed by federal law are not subject to pre-emption.
