Monday, July 11, 2005

Employment Law in the United States

Employment law in the U.S. is largely goverened by the common law rule of "at will employment", that is, that an employment relationship can be terminated by either party at any time for any reason, including a good reason, a bad reason or no reason at all.

Exceptions to this rule can be found in various federal employment law statutes, including Title VII of the Civil Rights Act of 1964 (and amendments), Title I of the Americans with Disabilities Act of 1990, the Family and Medical Leave Act 0f 1993, and numerous state laws with additional protections. The Fair Labor Standards Act regulates minimum wages and overtime pay for certain employees who work more than 40 hours in a work week.

There is no special employment tribunal in the U.S. Employment law cases are heard in state or federal courts, depending upon the issue, the size of the employer (the Civil Rights Act of 1964, for example, applies only to employers with 15 or more employees), and the litigation strategy of the plaintiff.

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