The federal laws that apply to most US employers — explained plainly, with official government links. Employment law in the United States is a combination of federal minimums and state laws that frequently set higher standards. Always check your state in addition to the federal rules below. This page covers informational reference only — not legal advice.
Federal employment law sets minimum standards. Every state can — and most do — go further. The laws below apply nationwide, but your state obligations may be significantly higher. Always check your state's Department of Labor website in addition to federal requirements.
The FLSA sets the federal minimum wage ($7.25/hr — unchanged since 2009, though most states are higher), requires overtime pay at 1.5x the regular rate for hours over 40 per workweek for non-exempt employees, and governs child labor standards. Enforced by the DOL Wage and Hour Division with back pay, liquidated damages, and civil penalties.
Title VII prohibits discrimination in all aspects of employment — hiring, firing, pay, promotion, job assignments, and training — based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton County, 2020), and national origin. The EEOC enforces Title VII and related laws including the ADEA (age, 40+, applies at 20 employees), ADA (disability, 15 employees), EPA (equal pay, all employers), and GINA (genetic information, 15 employees).
Every US employer must verify the identity and work authorization of every new employee using Form I-9 — regardless of citizenship status, company size, or industry. The form must be completed within 3 business days of the employee's first day of work. Civil fines for I-9 violations range from $281 to $2,789 per form for first offences (2024 adjusted figures); knowingly hiring unauthorized workers can result in criminal penalties. ICE conducts I-9 audits with no advance notice required.
The FMLA entitles eligible employees (12+ months tenure, 1,250+ hours worked in prior year) to up to 12 weeks of unpaid, job-protected leave per year for: the birth or adoption of a child; a serious health condition of the employee; caring for a spouse, child, or parent with a serious health condition; or qualifying military exigencies. Employers must maintain health benefits during leave and restore the employee to the same or equivalent position on return.
The ADA prohibits discrimination against qualified individuals with disabilities in all employment practices — hiring, firing, pay, promotion, and job assignments. Employers must provide reasonable accommodations that allow a qualified person with a disability to perform the essential functions of a job, unless doing so would cause undue hardship. The ADA also restricts when and how employers may make disability-related inquiries or require medical examinations.
At-will employment means either party can end the employment relationship at any time, for any reason — or no reason — with no required notice period. However, there are significant statutory and common-law exceptions: you cannot terminate for a discriminatory reason (EEOC laws); in retaliation for protected activity (OSHA complaints, workers' comp claims, union activity, FMLA leave, whistleblowing); or in breach of an express or implied contract (including promises in offer letters, employee handbooks, or verbal statements).
For many employment law questions — minimum wage, final pay, leave, non-competes — your state law is more relevant than federal law. The DOL maintains a directory of all state labor departments.