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US employment law is a complex patchwork of federal statutes, state laws, and local ordinances that vary enormously by jurisdiction. This guide gives HR professionals a structured reference for the obligations that matter most.
Covers: the key federal employment statutes and what they require, at-will employment and its exceptions, minimum wage and overtime (FLSA), anti-discrimination obligations (Title VII, ADA, ADEA, GINA), FMLA and state leave laws, NLRA and union and non-union rights, OSHA health and safety, HIPAA for health-adjacent businesses, and the state-level variations that most commonly create compliance exposure.
FAQS
Q How does at-will employment work and what are its limits?
At-will employment (the default in most US states except Montana) means either party can end the relationship at any time, for any lawful reason, or no reason. The limits are significant: termination cannot be based on a protected characteristic (discrimination), in retaliation for exercising a legal right, or in violation of an express or implied contract. Some states have additional public policy exceptions. At-will means non-discriminatory, non-retaliatory, non-contractual terminations do not require justification — not that anything goes.
Q Which federal laws apply to small businesses?
Thresholds vary. Title VII, ADA, and ADEA apply to employers with 15+ employees. FLSA (minimum wage and overtime) applies to virtually all employers. FMLA applies to employers with 50+. OSHA applies broadly. NLRA covers private sector employers regardless of size. Many state laws have lower thresholds — California in particular has extensive protections from the first employee.
Q What is the exempt vs non-exempt employee distinction?
Non-exempt employees must be paid overtime (1.5x regular rate) for hours worked over 40 per week under the FLSA. Exempt employees — those meeting the salary level test (currently $684/week federally) and one of the duties tests (executive, administrative, professional, outside sales, computer) — are not entitled to overtime. Misclassifying a non-exempt employee as exempt is one of the most common and costly FLSA violations.
Q Does the guide cover state law variations?
Yes — covering the most significant state-level divergences, particularly California (extensive protections from employee one, different at-will exceptions, CCPA, CFRA), New York, and Washington. For multi-state employers, the guide helps identify where federal baselines are exceeded by state law.
US employment law is a complex patchwork of federal statutes, state laws, and local ordinances that vary enormously by jurisdiction. This guide gives HR professionals a structured reference for the obligations that matter most.
Covers: the key federal employment statutes and what they require, at-will employment and its exceptions, minimum wage and overtime (FLSA), anti-discrimination obligations (Title VII, ADA, ADEA, GINA), FMLA and state leave laws, NLRA and union and non-union rights, OSHA health and safety, HIPAA for health-adjacent businesses, and the state-level variations that most commonly create compliance exposure.
FAQS
Q How does at-will employment work and what are its limits?
At-will employment (the default in most US states except Montana) means either party can end the relationship at any time, for any lawful reason, or no reason. The limits are significant: termination cannot be based on a protected characteristic (discrimination), in retaliation for exercising a legal right, or in violation of an express or implied contract. Some states have additional public policy exceptions. At-will means non-discriminatory, non-retaliatory, non-contractual terminations do not require justification — not that anything goes.
Q Which federal laws apply to small businesses?
Thresholds vary. Title VII, ADA, and ADEA apply to employers with 15+ employees. FLSA (minimum wage and overtime) applies to virtually all employers. FMLA applies to employers with 50+. OSHA applies broadly. NLRA covers private sector employers regardless of size. Many state laws have lower thresholds — California in particular has extensive protections from the first employee.
Q What is the exempt vs non-exempt employee distinction?
Non-exempt employees must be paid overtime (1.5x regular rate) for hours worked over 40 per week under the FLSA. Exempt employees — those meeting the salary level test (currently $684/week federally) and one of the duties tests (executive, administrative, professional, outside sales, computer) — are not entitled to overtime. Misclassifying a non-exempt employee as exempt is one of the most common and costly FLSA violations.
Q Does the guide cover state law variations?
Yes — covering the most significant state-level divergences, particularly California (extensive protections from employee one, different at-will exceptions, CCPA, CFRA), New York, and Washington. For multi-state employers, the guide helps identify where federal baselines are exceeded by state law.
