Introduction to Employment Law

Law School

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.

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