ABSTRACT
Federal labor law is complex. In addition to federal labor law, most states have their own labor laws. This chapter sets forth the basics. The Fair Labor Standards Act of 1938 (FLSA) is the primary federal law governing wages and hours, and covers most employees in the United States with some important exceptions. U.S. Citizenship and Immigration Services (USCIS) is responsible for administering the program for determining whether a person has the right to work in the United States. To be eligible to work, every person must either be a U.S. citizen or have an immigration status that permits employment. Many states apply the doctrine of employment-at-will to employer-employee relationships. The Equal Employment Opportunity Commission (EEOC) has determined that it has authority to provide protection for lesbian, gay, bisexual, and transgender (LGBT) individuals based upon its authority to prevent gender discrimination. The Family and Medical Leave Act (FMLA) covers employers of fifty or more employees.
