Employment Law Outline Summary
Employment law governs the relationship between employers and workers, safeguarding workers' rights and outlining employer obligations.
Common law, statutes, administrative regulations, and collective bargaining agreements are sources of employment law.
Employment at-will is the general rule, allowing either party to terminate employment for any reason.
Wrongful discharge claims arise when termination violates public policy, implied contracts, the covenant of good faith, and fair dealing, or statutory rights.
Employment contracts can be express (written or oral) or implied (arising from conduct and policies).
Key contractual terms include duties and responsibilities, compensation and benefits, termination provisions, and restrictive covenants.
Federal anti-discrimination laws protect against discrimination based on race, color, religion, sex, national origin, age, disability, genetic information, and more.
Wage and hour laws regulate minimum wage, overtime pay, and exempt vs. non-exempt employees.
Workplace safety and health laws, such as OSHA and workers' compensation laws, ensure a safe work environment and provide compensation for work-related injuries.
Employee benefits and leave laws include FMLA, ERISA, and ACA, addressing family and medical leave, retirement plans, and health insurance coverage.
Labor relations laws, such as the NLRA, govern unionization, collective bargaining, and unfair labor practices.
Privacy in the workplace involves employee rights regarding surveillance, social media, email, drug testing, background checks, and genetic and medical information privacy.
Termination of employment may give rise to wrongful termination claims, layoffs, and unemployment insurance.
Emerging trends include remote work, gig economy, workplace discrimination and diversity initiatives, and AI in employment.
