Employment Legal Help and Resources

Although many employment law agencies, such as the EEOC, have procedures designed for people without lawyers, sometimes an attorney is absolutely necessary for quickly resolving a dispute.

Hiring a lawyer can be a confusing process, especially if you have never done it before. We’ve gathered information on hiring an employment attorney, as well as helpful links to employment law resources on employee rights, state labor agencies, employment law terminology, and more. This can help you prepare for your initial consultation.

Use the links below to learn about your workplace privacy rights, wage and hour laws, workplace safety, family leave policies, and getting legal advice.

• Protecting the Rights of Workers
• Get Legal Help With an Employment Issue
• How Can an Employment Lawyer Protect Your Rights?
• Get Legal Help With an Employment Issue
• Using an Employment Attorney
• Dictionary: Employment Law Terms
• Employment Law Resources
• You Have Rights as an Employee: True or False?
• Addressing Workplace Rights With Your Employer
• Labor Laws: State Guide
• State Labor Agencies
• Can I Sue My Employer?
• Can I Sue My Employer for Damaging My Reputation?
• Can I Sue My Employer for Verbal Abuse?
• Can I Sue for an Unfair Performance Evaluation?
• Can I Sue for Harassment if I Quit?
• Can I Sue a Company if I Quit?
• Attorney Intake Form: Facing Discrimination and Harassment At Work
• How To Prove Discrimination in the Workplace: Documentation
• Documents to Show Your Attorney: Wrongful Job Termination

Federal vs. State Employment Laws

While the federal statutes set a minimum standard, each state has the right to enact various employment laws to protect employees from discrimination, unfair labor practices, and unsafe work conditions. State laws must meet or exceed the federal standard.

For example, the federal minimum wage has been $7.25 per hour since 2009. Many states have set a higher minimum wage. California has a minimum wage of $16.50 per hour in 2025, and Nebraska has set its minimum wage at $12 per hour in 2024.

If state law does not meet the federal standard, then the federal statute will apply. Several states, such as Georgia and Wyoming, have wages below the federal standard. However, these states must pay the federal minimum wage for any job protected under the Fair Labor Standards Act (FLSA).

Important Employment Laws

You should be aware of several important federal employment or labor laws as an employee. These laws guarantee your basic rights in the workplace. The U.S. Department of Labor enforces most labor laws. The Equal Employment Opportunity Commission hears discrimination complaints.

Often, your employer’s human resources department takes your complaint. If you have suffered a violation of the law, you should also file a complaint with the appropriate government office. Your local state labor office can help as well.

You should be familiar with the rights afforded to you by the following statutes:

Title VII of the Civil Rights Act of 1964

Title VII prohibits employment discrimination in hiring, refusing to hire, or firing employees. Employers cannot discriminate on the basis of:

• Race
• Religion
• Gender
• National origin
• Sexual orientation
• Gender identity

Title VII also prohibits sexual harassment. The Equal Employment Opportunity Commission (EEOC) enforces these antidiscrimination laws and regulations.

The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) establishes a national minimum wage and overtime pay for non-exempt employees. The FLSA also defines an employee and what qualifies as work and restricts child labor, setting a minimum age for minors to work. It requires equal pay regardless of gender after an amendment to FLSA called the Equal Pay Act (EPA). Employers cannot retaliate against whistleblowers who file a claim against them.

Americans with Disabilities Act (ADA)

The ADA applies to employers with 15 or more employees. They must make reasonable accommodations for people with disabilities or certain health conditions. Employers cannot discriminate against employees or job applicants with disabilities.

The Equal Employment Opportunity Commission (EEOC) handles complaints and violations of the ADA.

The Occupational Safety and Health Act (OSHA)

OSHA’s goal is to protect workers from hazardous and unsafe working environments. You have the right to a safe workplace and protection from conditions that can cause injury, illness, or death. OSHA has whistleblower protections. Your employer cannot retaliate against you for reporting unsafe conditions to the Occupational Safety and Health Administration.

The Family and Medical Leave Act (FMLA)

The FMLA provides 12 weeks of unpaid leave of absence per year to eligible employees to deal with:

• Serious medical conditions
• To care for a family member with a serious health condition
• To adjust to the birth of a baby, adoption, or foster care placement.

Once your leave ends, your job or a similar position with the same pay and employee benefits must be available. You can use paid vacation and sick leave in combination with FMLA.

The Pregnancy Discrimination Act

The Pregnancy Discrimination Act amended Title VII to include protections for pregnant persons. It prohibits discrimination because of pregnancy, childbirth, or related health conditions. Your employer cannot fire, demote, or prevent promotion based on your pregnancy.

Electronic Communications Privacy Act (ECPA)

An ECPA amendment prohibits employers from monitoring phone calls and electronic communications, except under certain conditions. Your employer must outline any surveillance practices in your employee handbook.

Age Discrimination in Employment Act (ADEA)

The ADEA prohibits discrimination based on age, particularly if you are 40 or older.

Consolidated Omnibus Budget Reconciliation Act (COBRA)

Under COBRA, employees have guaranteed access to continued healthcare for a period of time after leaving their jobs. This helps ensure that you have health coverage even while between jobs.

Union Employees

The National Labor Relations Act establishes the right to form a union. If you are part of a union, your rights and employment relationship fall under an employment contract called a collective bargaining agreement. Your employer and union leadership negotiate this agreement. It details your working conditions, benefits, pay, and other employment details.

You should contact your labor union representatives if you experience a workplace offense. You may also file a complaint with the National Labor Relations Board.

Common Employment Law Issues

Legal issues can arise in a wide range of employment situations. One of the most common circumstances occurs when your employer uses an illegal reason for firing you.

Termination based on race, religion, gender, national origin, ethnicity, disability, or age is illegal. Employers who do so may be subject to civil liability for wrongful termination. The ban on discrimination applies to firings and other aspects of employment. This includes hiring and promotion decisions.

Federal and state laws also protect employees from unfair labor practices. Employers must follow wage and hour laws, like the Fair Labor Standards Act. The FLSA dictates how long an employee can work and the pay rate.

Employees’ rights extend to family life as well. For example, the Family and Medical Leave Act ensures employees time off to welcome a new baby or deal with a serious illness.

Other employment law issues involve workplace conditions. OSHA requires employers to provide a safe workplace by adhering to national safety standards. Failing to do so can lead to fines and civil liability.

Employees have certain privacy rights while at work. For example, employers can’t track personal telephone conversations or search an employee’s car. Whether you are entering the job market for the first time or were recently terminated, you must understand your rights as a worker.

Employment Law Attorneys

If you or a family member has an employment law dispute, consulting with an attorney is in your best interest. Employment law has many aspects and many statutes governing workers’ rights and safety.

Employment lawyers often specialize in one or a few aspects of practice. If you are the victim of workplace discrimination, find an employment attorney specializing in your type of claim. To appeal a workers’ compensation decision, find an attorney versed in workers’ compensation law.

If you are a union member or work under a collective bargaining agreement, speak to a labor attorney if you have questions or have had your rights violated.

Employment Law Attorneys at a Glance

Disputes over employment terms — hiring, firing, promotions, discrimination — are quite common. There are two main types of employment law attorneys: those who represent employers and those who represent employees (often the plaintiffs). Some attorneys work with both employers and employees, but most specialize in one or the other.

Larger employers typically have in-house employment lawyers who draft contractual language, review human resources policies, and work to limit an employer’s legal exposure. They ensure compliance with local, state, and federal employment laws. Small businesses often have an employment lawyer on retainer, or seek one when needed.

When an employee needs legal representation, attorneys often work without pay until their client collects, whether it’s a settlement or court-ordered damages. Many employees are compelled to sign a pre-employment arbitration agreement requiring them to settle any disputes through the arbitration process.

When You May Need an Employment Law Attorney

An employment dispute can occur at any stage of the employment process, from hiring to termination and everything in between.

While it’s illegal to discriminate during the hiring process, it’s extremely difficult to prove. Even if you have a strong hunch that you were excluded from consideration after your first interview solely because of your race, attorneys may not take your case without substantial proof.

There are a number of scenarios where it makes sense to consult with an attorney in order to protect your rights. If you were discriminated against as an employee, an attorney can compare your treatment to the treatment of similarly situated employees for signs of bias.

If you were denied overtime pay, a review of company records and some additional investigation may turn up evidence in your favor. Even without hard evidence, employers may choose to settle in order to avoid the cost and negative publicity of a trial.

Many employment law claims have strict filing deadlines. For example, EEOC complaints must typically be filed within 180 and 300 days. An attorney can help you ensure that everything is filed correctly and on time.

Choosing the Right Lawyer

Besides choosing an employee-side employment lawyer, you may want to find someone with special training or experience in the very legal services you need. For instance, some attorneys specialize in employment discrimination or sexual harassment, while others are more focused on wage and hour claims.

FindLaw makes it easy to find legal assistance through attorney in your area with the right experience for your case. Our free directory of employment attorneys lets you narrow down the field of options by state, city, reviews, and more. You’ll also find easy links to their law firm websites, where you can learn more about the cases they handle and their advocacy track record.

Employment issues are stressful and often complex. They can involve multiple areas of law. Enlist the help of an experienced attorney to ensure your rights are protected and you get the legal aid you need.