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Introduction

Employment relationships in the United States are governed by a variety of federal, state and local statutes, agency regulations and case law. At the federal level, the following agencies are primarily responsible for overseeing and enforcing the various federal laws governing employment relationships:

  1. the Department of Labor (DOL): oversees federal wage and hour laws, worker health and safety, family and medical leave, and federal contracts;2
  2. the Equal Employment Opportunity Commission (EEOC): enforces laws such as Title VII of the Civil Rights Act (Title VII) and the Age Discrimination in Employment Act (ADEA), prohibiting discrimination against applicants and employees;3
  3. the Occupational Safety and Health Administration (OSHA): regulates workplace safety conditions pursuant to the Occupational Safety and Health Act; and4
  4. the National Labor Relations Board (NLRB): oversees laws applicable to employers and labour unions, including the National Labor Relations Act.5

Employees seeking redress for a violation of their rights under the multitude of federal statutes protecting employees and job applicants may file a claim either with the appropriate agency or an appropriate court. In some instances, however, a complainant must first exhaust their administrative remedies prior to initiating litigation in court. Title VII, for example, requires an aggrieved party to first file a complaint or 'Charge' with the EEOC prior to filing a complaint in court.

On a local level, all the states and many municipalities have enacted their own employment laws to further protect the rights of employees and job applicants. These local statutes and regulations address a variety of issues including application and hiring practices, pay equity, minimum wage, paid sick and family leave, among others. These state and local laws are enforced by state and local agencies and can also be enforced through civil court proceedings. As with federal enforcement, state court complainants should be mindful of potential administrative requirements prior to filing with the court.