Employee Rights in the United States - 2026
⚠️Informational only — not legal or tax advice.
Last Updated: December 2025
Applicable Period: 2026 and current employment regulations
RemoteLaws.com compiles information from official United States government sources regarding employee rights and employment laws. The information on this page is sourced exclusively from federal, state, and local government websites ending in .gov.
Table of Contents
- 2026 Employment Law Changes
- Quick Reference
- Employee Rights Questions
- Anti-Discrimination Laws
- Wage & Hour Rights
- Family & Medical Leave Rights
- Workplace Safety & Health
- Union & Collective Bargaining Rights
- Other Federal Employment Rights
- Minimum Wage by State
- At-Will Employment and Exceptions by State
- Paid Sick Leave Laws by State
- State Family & Medical Leave Laws
- Right-to-Work States
- Employment Discrimination Laws - State Coverage
- State Overtime Laws - Daily Overtime Requirements
- Meal and Rest Break Requirements by State
- State Resources
- Artificial Intelligence in the Workplace - State Regulations
- Gig Worker and Independent Contractor Protections
- Remote Work Employee Rights
- Cryptocurrency & Digital Asset Compensation
- Climate Change & Workplace Safety
- Artificial Intelligence - Employee Monitoring & Surveillance
- Pregnant Workers Fairness Act
- Social Media and Off-Duty Conduct Protections
- Filing Employment Discrimination Complaints EEOC
- Filing Wage & Hour Complaints with the Department of Labor
- Filing Workplace Safety Complaints with OSHA
- Statute of Limitations - Comprehensive Reference
- Worker Advocacy Organizations
- State Labor Department Directory
- Know Your Rights Posters
- Faq
2026 Employment Law Changes - Breaking Developments
Federal Changes Effective January-February 2026
According to the U.S. Equal Employment Opportunity Commission FY 2026 Congressional Budget Justification, the EEOC has outlined enforcement priorities for 2026:
EEOC 2026 Enforcement Focus:
- Rooting out unlawful race discrimination, including DEI-motivated discrimination
- Protecting American workers from unlawful national origin discrimination involving preferences for foreign workers
- Defending women’s sex-based rights at work
- Supporting religious liberty and protecting rights to religious accommodations
- Addressing antisemitism and harassment in the workplace
According to guidance published by the EEOC in November 2025, anti-American bias constitutes a form of national origin discrimination under Title VII of the Civil Rights Act of 1964.
State-Level Changes – January 1, 2026
Minimum Wage Increases:
According to data from state government labor departments, 19 states will increase their minimum wage rates effective January 1, 2026:
State Minimum Wage Updates (Effective January 1, 2026)
| State | New Minimum Wage (Jan 1, 2026) | Previous Rate | Change |
|---|---|---|---|
| Alaska | $11.91 | $11.73 | +$0.18 |
| Arizona | $15.00 | $14.70 | +$0.30 |
| California | $16.90 | $16.50 | +$0.40 |
| Colorado | $15.00 | $14.81 | +$0.19 |
| Connecticut | $16.94 | $16.35 | +$0.59 |
| Hawaii | $16.00 | $14.00 | +$2.00 |
| Maine | $15.00 | $14.65 | +$0.35 |
| Minnesota | $11.23 / $9.15 | $11.13 / $9.08 | +$0.10 / $0.07 |
| Missouri | $15.00 | $13.75 | +$1.25 |
| Montana | $10.75 | $10.55 | +$0.20 |
| Nebraska | $15.00 | $13.50 | +$1.50 |
| New Jersey | $15.49 | $15.30 | +$0.19 |
| New York | $17.00 / $16.00 | $16.50 / $15.50 | +$0.50 |
| Ohio | $10.70 | $10.45 | +$0.25 |
| Rhode Island | $15.50 | $15.00 | +$0.50 |
| South Dakota | $12.00 | $11.50 | +$0.50 |
| Vermont | $14.50 | $14.01 | +$0.49 |
| Virginia | $12.41 | $12.00 | +$0.41 |
| Washington | $17.13 | $16.66 | +$0.47 |
Source: State labor department websites, compiled December 2025
Six States Cross $15/Hour Threshold for First Time:
- Arizona: $15.00
- Colorado: $15.00
- Hawaii: $16.00
- Maine: $15.00
- Missouri: $15.00
- Nebraska: $15.00
Illinois – AI Workplace Regulations (Effective January 1, 2026)
According to amendments to the Illinois Human Rights Act (HB 3773), effective January 1, 2026:
Prohibited Practices:
- Use of artificial intelligence that discriminates based on protected classes
- Use of zip codes as proxies for protected classes
- Failure to notify employees when AI is used in employment decisions
Covered Employment Decisions:
- Recruitment and hiring
- Promotion and renewal of employment
- Selection for training or apprenticeship
- Discharge and discipline
- Tenure and employment terms
Notice Requirements: Employers must notify employees when AI is used for employment-related decisions. The Illinois Department of Human Rights will establish specific notice requirements.
Definition of AI: “A machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.”
Enforcement: The Illinois Department of Human Rights and Illinois Human Rights Commission enforce this law. Remedies include back pay, reinstatement, emotional distress damages, and attorneys’ fees.
California – Workplace Know Your Rights Act (Effective February 1, 2026)
According to Senate Bill 294 (SB 294), signed into law October 12, 2025:
Annual Notice Requirement: California employers must provide a stand-alone written notice to all current employees by February 1, 2026, and annually thereafter. New hires must receive the notice upon hire.
Required Notice Content:
- Rights to workers’ compensation benefits, disability pay, and medical care for work-related injuries
- Right to receive notice of inspection by immigration agencies
- Protection against unfair immigration-related practices
- Right to organize a union or engage in concerted activity
- Constitutional rights when interacting with law enforcement at the workplace
Template Notice: The California Labor Commissioner must post a template notice by January 1, 2026, available in multiple languages including Chinese, English, Hindi, Korean, Punjabi, Spanish, Tagalog, Urdu, and Vietnamese.
Emergency Contact Designation: Employers must provide employees the opportunity to designate an emergency contact by March 30, 2026. Employers must notify this contact if the employee is arrested or detained at the worksite or during work hours.
Penalties: $500-$10,000 per employee for noncompliance. The Labor Commissioner must develop instructional videos by July 1, 2026.
California – Stay-or-Pay Contract Ban (Effective January 1, 2026)
According to California Assembly Bill 692 (AB 692), effective January 1, 2026, California implements one of the strictest bans on employment-related debt agreements.
Prohibited Agreements: Employers cannot require employees to reimburse for sign-on bonuses, educational expenses, or training costs if the employee leaves within a specified period.
Purpose: Prevent employers from using repayment agreements that deter workers from changing jobs.
Gig Worker Protections – Multiple States 2026
According to state labor department sources, multiple states are implementing enhanced protections for gig workers in 2026:
Transparency Requirements:
- Uber, Lyft, DoorDash must provide transparent pay structures
- Clear disclosure of earnings calculations
- Access to earnings history
Limited Insurance Coverage: Several states require platforms to provide workers’ compensation or occupational accident coverage.
Immigrant Worker Protections: Enhanced protections for immigrant gig workers regarding unfair labor practices.
Quick Reference: Federal Employee Rights at a Glance
Protected Classes Under Federal Law
According to the U.S. Equal Employment Opportunity Commission, federal law prohibits employment discrimination based on:
Protected Classes Under Federal Employment Law
| Protected Class | Federal Law | Enforcing Agency |
|---|---|---|
| Race | Title VII of the Civil Rights Act of 1964 | EEOC |
| Color | Title VII of the Civil Rights Act of 1964 | EEOC |
| Religion | Title VII of the Civil Rights Act of 1964 | EEOC |
| Sex (including pregnancy, sexual orientation, transgender status) | Title VII of the Civil Rights Act of 1964 | EEOC |
| National Origin | Title VII of the Civil Rights Act of 1964 | EEOC |
| Age (40 or older) | Age Discrimination in Employment Act (ADEA) | EEOC |
| Disability | Americans with Disabilities Act (ADA) | EEOC |
| Genetic Information | Genetic Information Nondiscrimination Act (GINA) | EEOC |
| Equal Pay | Equal Pay Act of 1963 | EEOC |
Federal Minimum Wage and Overtime
According to the U.S. Department of Labor Wage and Hour Division:
Minimum Wage (Federal):
- $7.25 per hour for non-tipped employees (unchanged since July 24, 2009)
- $2.13 per hour for tipped employees (with maximum tip credit of $5.12)
Note: Many states and localities have minimum wages above the federal rate. When multiple minimum wages apply, employers must pay the higher rate.
Overtime Pay: According to the Fair Labor Standards Act (FLSA), covered non-exempt employees must receive overtime pay of at least one and one-half times the regular rate of pay for hours worked over 40 in a workweek.
When to Contact Which Federal Agency
| Employee Right / Issue | Contact Agency | Website | Phone |
|---|---|---|---|
| Discrimination based on race, color, religion, sex, national origin, age, disability, genetic information | U.S. Equal Employment Opportunity Commission (EEOC) | eeoc.gov | 1-800-669-4000 |
| Minimum wage, overtime, child labor | Wage and Hour Division (WHD), U.S. Department of Labor | dol.gov/agencies/whd | 1-866-487-9243 |
| Workplace safety hazards | Occupational Safety and Health Administration (OSHA) | osha.gov | 1-800-321-OSHA (6742) |
| Union organizing, unfair labor practices | National Labor Relations Board (NLRB) | nlrb.gov | 1-844-762-NLRB (6572) |
| Workers’ compensation (federal employees) | Office of Workers’ Compensation Programs (OWCP) | dol.gov/agencies/owcp | 1-866-692-7487 |
| Family and medical leave | Wage and Hour Division (WHD) | dol.gov/agencies/whd/fmla | 1-866-487-9243 |
| Federal employee discrimination | EEOC Office of Federal Operations | eeoc.gov/federal-sector | 1-800-669-4000 |
| Migrant and seasonal agricultural workers | Wage and Hour Division (WHD) | dol.gov/agencies/whd/agriculture | 1-866-487-9243 |
Filing Deadlines – Critical Time Limits
EEOC Discrimination Charges:
According to EEOC filing requirements:
| Scenario | Filing Deadline |
|---|---|
| States without Fair Employment Practices Agency (FEPA) | 180 days from the date of discrimination |
| States with FEPA (most states) | 300 days from the date of discrimination |
Department of Labor Wage Claims:
According to the Fair Labor Standards Act:
| Violation Type | Statute of Limitations |
|---|---|
| Non-willful violations | 2 years |
| Willful violations | 3 years |
OSHA Whistleblower Complaints:
According to OSHA whistleblower protections:
| Law | Filing Deadline |
|---|---|
| OSHA Act Section 11(c) | 30 days |
| Surface Transportation Assistance Act | 180 days |
| Sarbanes-Oxley Act | 180 days |
| Consumer Product Safety Improvement Act | 180 days |
Note: These deadlines are strictly enforced. Missing a filing deadline may result in the loss of the right to pursue the claim.
Most Common Employee Rights Questions
1. What are my basic rights as an employee in the United States?
According to the U.S. Department of Labor, employees have rights to:
- A safe workplace free from recognized hazards (OSHA)
- Minimum wage and overtime pay for hours worked over 40/week (FLSA)
- Freedom from discrimination based on protected classes (Title VII, ADA, ADEA)
- Organize and engage in union activities (NLRA)
- Family and medical leave in qualifying circumstances (FMLA)
2. Can my employer fire me without a reason?
According to state employment laws, most employment in the United States operates under “at-will” doctrine. At-will employment means an employer can terminate employment at any time for any lawful reason or no reason at all, and employees can quit at any time.
Exceptions to At-Will Employment:
- Termination based on protected characteristics (race, religion, sex, etc.)
- Retaliation for protected activities (filing discrimination complaint, whistleblowing)
- Violation of public policy
- Breach of employment contract
- Violation of implied covenant of good faith
State laws vary. Some states have additional protections beyond federal law.
3. What should I do if I experience discrimination at work?
According to the EEOC:
Steps:
- Document the discriminatory conduct (dates, witnesses, specific incidents)
- Report to employer’s HR department or follow company complaint procedures
- File a charge with the EEOC within 180-300 days of the discriminatory act
- The EEOC will investigate and attempt to resolve through mediation or conciliation
- If resolution fails, the EEOC may file a lawsuit or issue a “Right to Sue” letter
Filing a Charge:
- Visit eeoc.gov
- Call 1-800-669-4000
- Visit the nearest EEOC field office
4. Am I entitled to overtime pay?
According to the Fair Labor Standards Act:
Non-exempt employees must receive overtime pay of at least 1.5 times their regular rate for hours worked over 40 in a workweek.
Exempt employees (executive, administrative, professional, outside sales, certain computer employees) are not entitled to overtime if they meet specific salary and duties tests.
Current Federal Exemption Thresholds: The salary threshold for most white-collar exemptions is $684 per week ($35,568 annually).
Note: Some states have higher salary thresholds. Employers must comply with the most protective law.
5. What is the current federal minimum wage?
According to the U.S. Department of Labor:
Federal minimum wage: $7.25 per hour (effective since July 24, 2009)
Tipped employees: $2.13 per hour (employers may take a tip credit if tips bring total to $7.25/hour)
Important: 30 states and Washington D.C. have minimum wages above the federal rate. When state and federal minimum wage differ, employers must pay the higher rate.
6. Can I be fired for taking medical leave?
According to the Family and Medical Leave Act (FMLA):
FMLA Protection: Eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for:
- Birth and care of newborn
- Adoption or foster care placement
- Care for spouse, child, or parent with serious health condition
- Employee’s own serious health condition
- Qualifying exigency related to military service
Eligibility Requirements:
- Work for covered employer (50+ employees within 75 miles)
- Worked for employer for at least 12 months
- Worked at least 1,250 hours in past 12 months
Protection: Employers cannot retaliate against employees for taking FMLA leave. Employees must be restored to the same or equivalent position.
Note: Some states have paid family leave programs with different eligibility requirements.
7. What constitutes workplace harassment?
According to the EEOC:
Harassment becomes unlawful when:
- Enduring offensive conduct becomes a condition of continued employment
- Conduct is severe or pervasive enough to create a hostile or abusive work environment
Protected Bases: Harassment based on race, color, religion, sex (including pregnancy, sexual orientation, transgender status), national origin, age (40+), disability, or genetic information.
Examples:
- Offensive jokes, slurs, epithets, name-calling
- Physical assaults or threats
- Intimidation or ridicule
- Offensive objects or pictures
- Interference with work performance
Reporting: Employees should report harassment to employer and may file EEOC charge within 180-300 days.
8. Do I have the right to see my personnel file?
According to state laws (no federal requirement):
Approximately 20 states have laws granting employees the right to inspect their personnel files. Requirements vary by state regarding:
- When inspection can occur
- What records must be provided
- Whether copies can be obtained
- Procedures for requesting access
States with personnel file access laws include: Alaska, California, Connecticut, Delaware, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, Oregon, Pennsylvania, Rhode Island, Washington, Wisconsin.
Recommendation: Check state labor department website for specific requirements.
9. Can my employer monitor my work emails and computer use?
According to federal law:
Electronic Communications Privacy Act (ECPA): Employers generally may monitor employee communications on employer-provided equipment if they have a legitimate business purpose.
Common Monitoring:
- Email on company systems
- Internet usage on company computers
- Phone calls on company phones (with notice)
- Video surveillance in workplace (non-private areas)
Limitations:
- Some states require notice before monitoring
- Monitoring in private areas (restrooms, changing rooms) generally prohibited
- Personal devices may have greater privacy protections
State Laws: Connecticut and Delaware require employers to notify employees of electronic monitoring.
10. What should I do if I’m injured at work?
According to state workers’ compensation laws:
Immediate Steps:
- Report injury to supervisor/employer immediately
- Seek necessary medical treatment
- File workers’ compensation claim with state workers’ compensation board
- Follow employer’s procedures for filing claim
Workers’ Compensation Benefits: State laws provide:
- Medical treatment for work-related injury or illness
- Temporary disability payments (typically 2/3 of average weekly wage)
- Permanent disability compensation
- Vocational rehabilitation if unable to return to previous work
- Death benefits to survivors
Protection from Retaliation: Employers cannot fire or retaliate against employees for filing workers’ compensation claims.
State Variation: Each state administers its own workers’ compensation system. Contact state workers’ compensation board for specific requirements.
11. Can I be required to work overtime?
According to the Fair Labor Standards Act:
Federal Law: The FLSA does not limit the number of hours employees can work per day or week. Employers can require employees to work overtime.
Overtime Pay: Non-exempt employees must receive 1.5 times regular rate for hours over 40 per week.
State Laws: Some states have daily overtime requirements:
- California: Overtime for hours over 8 in a day or 40 in a week
- Alaska: Overtime for hours over 8 in a day or 40 in a week
- Nevada: Overtime for hours over 8 in a day (if paid less than 1.5x minimum wage) or 40 in a week
Exceptions: Certain industries and occupations have specific overtime exemptions.
12. What are my rights regarding meal and rest breaks?
According to federal and state laws:
Federal Law (FLSA): The FLSA does not require meal or rest breaks.
State Laws: Approximately 20 states require meal breaks and/or rest breaks:
Meal Breaks (commonly 30 minutes): California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Vermont, Washington, West Virginia.
Rest Breaks (commonly 10 minutes per 4 hours): California, Colorado, Illinois, Kentucky, Minnesota, Nevada, Oregon, Vermont, Washington.
Requirements Vary:
- Length of shift required
- Duration of break
- Whether break is paid or unpaid
- Industry-specific rules
13. Can my employer reduce my pay or hours?
According to the Fair Labor Standards Act:
Generally Yes: Employers can reduce pay or hours for non-exempt employees with proper notice (varies by state).
Limitations:
- Cannot reduce pay below minimum wage
- Cannot reduce exempt employee salary to avoid overtime
- Cannot reduce pay retroactively for hours already worked
- Cannot reduce pay in retaliation for protected activity
- Some states require advance notice of pay reduction
Employment Contracts: If employment contract specifies salary or hours, reduction may violate contract.
State Notice Requirements: Some states require advance notice of pay rate changes (commonly 7-30 days).
14. What is wrongful termination?
According to state employment laws:
Wrongful Termination occurs when termination violates:
- Federal or state anti-discrimination laws (based on protected class)
- Public policy (e.g., refusing to commit illegal act, exercising legal right)
- Employment contract (express or implied)
- Covenant of good faith and fair dealing
- Whistleblower protections
- Retaliation for protected activity
Protected Activities:
- Filing discrimination complaint
- Reporting safety violations
- Participating in investigation
- Taking FMLA leave
- Serving on jury duty
- Filing workers’ compensation claim
Remedies: May include reinstatement, back pay, front pay, compensatory damages, punitive damages, attorney fees.
15. Do I have to join a union?
According to the National Labor Relations Act:
Right to Choose: Employees have the right to join a union, form a union, or refrain from union activities.
Union Security Agreements: In states without “right-to-work” laws, union security agreements may require:
- Joining the union as a condition of employment
- Paying union dues or fees
Right-to-Work States: 27 states prohibit mandatory union membership or fees as a condition of employment: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming.
Federal Sector: Federal employees have right to organize but cannot be required to join unions.
16. Can I be fired for discussing my salary with coworkers?
According to the National Labor Relations Act:
Protected Activity: Employees have the right to discuss wages, hours, and working conditions with coworkers. This is protected “concerted activity” under Section 7 of the NLRA.
Employer Prohibition: Employers cannot:
- Prohibit salary discussions
- Discipline employees for discussing pay
- Maintain policies that discourage wage discussions
Exceptions:
- Supervisors and managers discussing subordinate salaries may not be protected
- Employees who access confidential pay information improperly
Additional Protection: Executive Order 13665 prohibits federal contractors from retaliating against employees for discussing compensation.
17. What are my rights if I’m pregnant?
According to federal laws:
Pregnancy Discrimination Act (Title VII): Employers cannot discriminate based on pregnancy, childbirth, or related medical conditions in:
- Hiring
- Firing
- Promotion
- Job assignment
- Training
- Benefits
Americans with Disabilities Act (ADA): Pregnancy-related impairments may qualify as disabilities requiring reasonable accommodations.
Pregnant Workers Fairness Act (PWFA): Effective June 27, 2023, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
Family and Medical Leave Act (FMLA): Eligible employees can take up to 12 weeks unpaid leave for birth and care of newborn.
State Laws: Many states have additional pregnancy accommodation and leave laws.
18. Can I be required to take a drug test?
According to federal and state laws:
Private Employers: Federal law generally does not prohibit drug testing. Employers may require:
- Pre-employment testing
- Random testing
- Reasonable suspicion testing
- Post-accident testing
Limitations:
- Testing must not discriminate based on protected class
- Testing methods must be accurate and reliable
- Privacy must be respected during collection
- Accommodation for disability (prescribed medications)
State Laws: Some states regulate drug testing:
- Notice requirements
- Testing procedures
- Positive test confirmation requirements
- Use of results
Safety-Sensitive Positions: Department of Transportation regulations require testing for commercial drivers, pilots, railroad workers, and other safety-sensitive positions.
19. What are my rights regarding workplace safety?
According to the Occupational Safety and Health Act:
Employer Duties:
- Provide workplace free from recognized hazards
- Comply with OSHA standards
- Provide safety training in language workers understand
- Keep records of injuries and illnesses
- Provide required personal protective equipment at no cost
Employee Rights:
- Request OSHA inspection of unsafe conditions
- Receive information and training about hazards
- Review records of work-related injuries and illnesses
- Receive copies of medical records
- File confidential complaint about safety hazards
- Participate in OSHA inspections
Whistleblower Protection: Employers cannot retaliate against workers for reporting safety concerns or exercising OSHA rights.
Reporting: Call OSHA at 1-800-321-OSHA (6742) to report unsafe conditions.
20. How do I file a wage claim?
According to the U.S. Department of Labor Wage and Hour Division:
Federal Wage Claims:
- Contact Wage and Hour Division: 1-866-487-9243
- File complaint online or at local WHD office
- Provide information:
- Employer name and address
- Type of work performed
- Dates of employment
- Pay rate and pay periods
- Specific wage violation
WHD Investigation:
- WHD investigates complaint
- Reviews payroll records
- Interviews workers and employer
- Determines if violations occurred
- Seeks back wages owed
State Wage Claims: Most states have separate wage claim processes through state labor departments. State laws may provide:
- Shorter filing deadlines
- Additional remedies
- Different coverage
Statute of Limitations: Federal: 2 years (3 years for willful violations) State: Varies (commonly 2-6 years)
Retaliation Protection: Employers cannot retaliate against employees for filing wage claims.
Anti-Discrimination Laws - Federal Protections
A. Title VII of the Civil Rights Act of 1964
According to Title VII of the Civil Rights Act of 1964, this federal law prohibits employment discrimination based on race, color, religion, sex, and national origin.
Coverage:
According to the U.S. Equal Employment Opportunity Commission, Title VII applies to:
- Private employers with 15 or more employees
- State and local governments
- Educational institutions
- Labor unions
- Employment agencies
Prohibited Discriminatory Actions:
The law prohibits discrimination in all employment practices:
- Recruitment and hiring
- Job assignments and promotions
- Training opportunities
- Wages and benefits
- Discipline and discharge
- Layoffs
- Terms and conditions of employment
Protected Categories – Race and Color:
According to EEOC enforcement guidance, discrimination based on race includes:
- Treating employees differently because of their race
- Color discrimination (skin pigmentation within same race)
- Harassment based on race or color
- Policies with disparate impact on specific racial groups
Protected Categories – Religion:
According to EEOC religious discrimination guidance, employers must:
- Avoid treating employees less favorably because of religious beliefs
- Provide reasonable accommodation for religious practices unless undue hardship
- Not allow religious harassment to create hostile work environment
Common Religious Accommodations:
- Schedule modifications for religious observance
- Dress/grooming policy exceptions (religious attire, facial hair, head coverings)
- Voluntary shift substitutions
- Job reassignments
Protected Categories – Sex:
According to EEOC enforcement, sex discrimination includes:
- Discrimination based on pregnancy, childbirth, or related medical conditions
- Sexual orientation discrimination
- Transgender status discrimination
- Gender identity discrimination
- Sexual harassment
Pregnancy Discrimination:
According to the Pregnancy Discrimination Act (amendment to Title VII):
- Pregnant employees must be treated the same as other temporarily disabled employees
- Employers cannot refuse to hire based on pregnancy
- Pregnancy-related medical conditions require same treatment as other medical conditions
Pregnant Workers Fairness Act (PWFA):
According to regulations effective June 27, 2023:
- Covered employers (15+ employees) must provide reasonable accommodations for pregnancy, childbirth, or related medical conditions
- Accommodations required unless undue hardship
- Protection from retaliation
Protected Categories – National Origin:
According to EEOC national origin discrimination guidance:
- Discrimination based on birthplace, ancestry, culture, linguistic characteristics
- Accent discrimination unless affects job performance
- English-only rules only if business necessity
- Protection from harassment based on national origin
2026 Update – Anti-American Discrimination:
According to EEOC guidance issued November 2025, discrimination against American workers based on national origin is unlawful under Title VII. Examples include:
- Job postings stating “H-1B preferred” or “H-1B only”
- Terminating American workers on “bench” at higher rates than visa workers
- Using customer preference to justify national origin discrimination
Retaliation Protection:
According to Title VII, employers cannot retaliate against employees who:
- File discrimination charges
- Participate in investigations
- Oppose discriminatory practices
Enforcement:
Employees must file charges with the EEOC:
- Within 180 days of discrimination (states without FEPA)
- Within 300 days of discrimination (states with FEPA)
Remedies Available:
- Back pay and lost benefits
- Front pay
- Reinstatement or promotion
- Compensatory damages (emotional distress, pain and suffering)
- Punitive damages (in cases of malice or reckless indifference)
- Attorney’s fees and costs
B. Age Discrimination in Employment Act (ADEA)
According to the Age Discrimination in Employment Act, this federal law protects employees and job applicants age 40 and older from age-based discrimination.
Coverage:
- Private employers with 20 or more employees
- State and local governments
- Employment agencies
- Labor unions
Prohibited Actions:
Employers cannot:
- Refuse to hire based on age
- Fire, demote, or harass because of age
- Use age preferences in job advertisements
- Deny benefits based on age (with limited exceptions)
- Force retirement based on age (with limited exceptions)
Permissible Age Distinctions:
According to the ADEA:
- Bona fide occupational qualifications (BFOQ) where age is essential to job performance
- Bona fide seniority systems
- Reasonable factors other than age (RFOA)
Waivers and Releases:
According to the Older Workers Benefit Protection Act (amendment to ADEA):
- Waivers of ADEA rights must be knowing and voluntary
- Employee must receive 21 days to consider waiver (45 days for group terminations)
- Employee has 7 days to revoke waiver after signing
- Waiver must advise consulting attorney
Filing Requirements:
- 180 days in states without age discrimination agency
- 300 days in states with age discrimination agency
C. Americans with Disabilities Act (ADA)
According to the Americans with Disabilities Act of 1990, this federal law prohibits discrimination against qualified individuals with disabilities.
Coverage:
According to EEOC ADA guidance:
- Private employers with 15 or more employees
- State and local governments (all sizes)
- Employment agencies
- Labor unions
Definition of Disability:
According to the ADA Amendments Act of 2008:
An individual with a disability has:
- Physical or mental impairment that substantially limits one or more major life activities, OR
- Record of such impairment, OR
- Is regarded as having such impairment
Major Life Activities Include:
- Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working
- Operation of major bodily functions (immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, reproductive functions)
Qualified Individual:
According to the ADA, a qualified individual:
- Satisfies job requirements for education, experience, skills, licenses
- Can perform essential functions of job with or without reasonable accommodation
Essential Functions:
According to EEOC guidance:
- Fundamental job duties (not marginal functions)
- Employer’s judgment given consideration
- Written job descriptions prepared before advertising/interviewing are evidence
- Time performing function, consequences of not requiring function, work experience of past/current employees
Reasonable Accommodations:
According to the EEOC Enforcement Guidance on Reasonable Accommodation, reasonable accommodations may include:
- Making existing facilities accessible
- Job restructuring
- Part-time or modified work schedules
- Reassignment to vacant position
- Acquiring or modifying equipment or devices
- Modifying examinations, training materials, or policies
- Providing qualified readers or interpreters
Interactive Process:
According to EEOC guidance:
- Employee requests accommodation (no magic words required)
- Employer engages in interactive process to determine effective accommodation
- Employer may request medical documentation
- Employer chooses from effective accommodations
Undue Hardship:
According to the ADA:
Employers need not provide accommodation if it causes undue hardship:
- Significant difficulty or expense considering:
- Nature and cost of accommodation
- Employer’s overall financial resources
- Number of persons employed
- Effect on expenses and resources
- Impact on facility operations
Medical Examinations and Inquiries:
According to the ADA:
Pre-Offer:
- Cannot ask about disability or medical conditions
- Can ask about ability to perform job functions
- Can describe/demonstrate job functions
Post-Offer (before work begins):
- May require medical examination if required for all entering employees in same job category
- May condition offer on examination results
During Employment:
- Medical examinations must be job-related and consistent with business necessity
- May require examination if questions about ability to perform essential functions or safety concern
Confidentiality:
According to the ADA:
- Medical information must be kept confidential
- Stored separately from personnel files
- Access limited to:
- Supervisors (regarding necessary restrictions and accommodations)
- First aid/safety personnel (if disability might require emergency treatment)
- Government officials investigating compliance
Drug and Alcohol Use:
According to the ADA:
- Current illegal drug users not protected
- Drug testing not considered medical examination
- Individuals recovering from drug addiction protected
- Alcoholics protected (but can be held to same performance standards)
Filing Requirements:
- 180 days in states without disability discrimination agency
- 300 days in states with disability discrimination agency
D. Equal Pay Act of 1963
According to the Equal Pay Act of 1963, this federal law prohibits sex-based wage discrimination.
Coverage:
- All employers covered by Fair Labor Standards Act
- Virtually all employers
Requirements:
According to the Equal Pay Act:
Employers must provide equal pay for equal work to male and female employees:
- Same establishment
- Equal work (substantially equal skill, effort, responsibility)
- Similar working conditions
What Constitutes “Equal Work”:
- Skill: Experience, training, education, ability
- Effort: Physical or mental exertion
- Responsibility: Degree of accountability
- Working conditions: Physical surroundings, hazards
Permissible Wage Differences:
Pay differences are lawful if based on:
- Seniority system
- Merit system
- System measuring earnings by quantity or quality of production
- Differential based on any factor other than sex
Important Notes:
According to EEOC enforcement:
- Employers cannot reduce wages of either sex to equalize pay
- Job titles do not determine equal work
- Fringe benefits covered (medical, hospital, accident, life insurance, retirement benefits)
Filing Requirements:
- 2 years from violation (3 years if willful violation)
- Can file lawsuit without filing EEOC charge
E. Genetic Information Nondiscrimination Act (GINA)
According to the Genetic Information Nondiscrimination Act of 2008, this federal law prohibits discrimination based on genetic information.
Coverage:
- Private employers with 15 or more employees
- State and local governments
- Employment agencies
- Labor unions
Definition of Genetic Information:
According to GINA:
- Individual’s genetic tests
- Genetic tests of family members
- Family medical history
- Requests for or receipt of genetic services by individual or family members
- Genetic information of fetus or embryo (pregnancy/assisted reproductive technology)
Prohibited Actions:
Employers cannot:
- Use genetic information in employment decisions
- Request, require, or purchase genetic information
- Disclose genetic information
Exceptions – When Acquisition Permitted:
According to GINA, inadvertent acquisition permitted through:
- Inadvertently requested medical information
- Health/genetic services offered by employer
- Family and Medical Leave Act certification
- Publicly available information (not from medical or genetic services)
- Genetic monitoring (occupational health surveillance)
- DNA testing for law enforcement or human remains identification
Confidentiality Requirements:
According to GINA:
- Genetic information must be kept confidential
- Maintained in separate medical files
- Treated as confidential medical record
Filing Requirements:
- 180 days in states without anti-discrimination agency
- 300 days in states with anti-discrimination agency
Wage and Hour Rights
A. Fair Labor Standards Act (FLSA) – Overview
According to the Fair Labor Standards Act, this federal law establishes minimum wage, overtime pay, recordkeeping, and youth employment standards.
Coverage:
According to the U.S. Department of Labor Wage and Hour Division:
FLSA covers:
- Enterprise coverage: Businesses with $500,000+ in annual dollar volume
- Individual coverage: Employees engaged in interstate commerce
Note: Most employees covered under individual coverage even if enterprise not covered.
B. Minimum Wage
According to the FLSA:
Federal Minimum Wage: $7.25 per hour (effective July 24, 2009)
Tipped Employees:
- Minimum cash wage: $2.13 per hour
- Maximum tip credit: $5.12 per hour
- Total (cash wage + tips) must equal at least $7.25/hour
- If tips don’t bring employee to $7.25/hour, employer must make up difference
State and Local Minimum Wages:
According to DOL guidance:
- When federal, state, and local minimum wages differ, employer must pay the highest rate
- 30 states and Washington D.C. have minimum wages above federal rate
Special Minimum Wages:
According to the FLSA:
Youth Minimum Wage:
- $4.25 per hour for employees under 20 years old
- First 90 consecutive calendar days of employment
- Then regular minimum wage applies
Student Learners, Full-Time Students, Student Workers:
- May be paid not less than 85% of minimum wage with certificate from DOL
Workers with Disabilities:
- May be paid less than minimum wage with certificate from DOL (Section 14(c))
- Certificate authorizes payment of commensurate wages
C. Overtime Pay
According to the FLSA:
Overtime Requirements:
Non-exempt employees must receive:
- 1.5 times regular rate of pay
- For hours worked over 40 in workweek
Regular Rate of Pay:
According to DOL regulations:
- Includes: hourly wage, salary, commissions, most bonuses
- Excludes: certain bonuses, gifts, expense reimbursements, premium pay
Workweek Defined:
- Fixed, recurring period of 168 hours (7 consecutive 24-hour periods)
- Can begin any day/hour established by employer
- Overtime calculated on workweek basis (not pay period)
Exempt vs. Non-Exempt Employees:
According to FLSA regulations:
Executive Exemption:
- Salary: $684/week ($35,568/year)
- Primary duty: Managing enterprise or department/subdivision
- Supervises two or more full-time equivalent employees
- Authority to hire/fire or recommendations given particular weight
Administrative Exemption:
- Salary: $684/week ($35,568/year)
- Primary duty: Office/non-manual work directly related to management or general business operations
- Exercises discretion and independent judgment regarding matters of significance
Professional Exemption:
- Salary: $684/week ($35,568/year)
- Primary duty: Work requiring advanced knowledge in field of science or learning
- Advanced knowledge acquired by prolonged specialized intellectual instruction
Computer Employee Exemption:
- Salary: $684/week ($35,568/year) OR hourly rate of $27.63/hour
- Employed as computer systems analyst, computer programmer, software engineer, or similarly skilled worker
- Primary duties: systems analysis, programming, software design
Outside Sales Exemption:
- Primary duty: Making sales or obtaining orders/contracts
- Customarily and regularly engaged away from employer’s place of business
- No salary requirement
Highly Compensated Employees:
- Total annual compensation: $107,432+
- Performs office/non-manual work
- Customarily and regularly performs at least one duty of exempt executive, administrative, or professional employee
Important Notes:
According to DOL guidance:
- Exemptions are narrowly construed
- Burden on employer to prove exemption applies
- Job titles alone do not determine exemption status
- Must meet ALL tests for exemption
State Overtime Laws:
Several states have additional overtime requirements:
- Daily overtime: California, Alaska, Nevada (overtime over 8 hours/day)
- Higher salary thresholds: California, New York, Washington
- When federal and state law differ, employer must comply with law most protective to employee
D. Child Labor Provisions
According to the FLSA:
Minimum Age Requirements:
Age 18:
- Any occupation, unlimited hours
- No restrictions
Age 16-17:
- Any non-hazardous occupation
- Unlimited hours
Age 14-15:
- Limited to specific occupations (retail, food service, office work)
- Restricted hours:
- School in session: 3 hours/day, 18 hours/week, until 7pm
- School not in session: 8 hours/day, 40 hours/week, until 9pm
Under Age 14:
- Generally prohibited from employment
- Exceptions: newspaper delivery, babysitting, acting, family business (agriculture)
Hazardous Occupations Orders (HO):
According to DOL regulations, employees under 18 cannot work in 17 hazardous occupations including:
- Manufacturing/storing explosives
- Motor vehicle driving/outside helper
- Coal mining
- Logging/sawmilling
- Power-driven woodworking machines
- Exposure to radioactive substances
- Power-driven hoisting apparatus
- Power-driven metal-forming, punching, shearing machines
- Mining (other than coal)
- Power-driven bakery machines
- Power-driven paper products machines
- Manufacturing brick/tile
- Power-driven circular saws, band saws, guillotine shears
- Wrecking, demolition, shipbreaking
- Roofing operations
- Excavation operations
- Slaughtering, meatpacking, processing, rendering
Agricultural Employment:
According to FLSA:
- Age 16+: Any time in any agricultural occupation
- Age 14-15: Outside school hours in non-hazardous agricultural work
- Age 12-13: With parental consent, outside school hours, non-hazardous work
- Under 12: Only on farms where parent works or with parental consent on small farms
E. Recordkeeping Requirements
According to the FLSA:
Required Records:
Employers must maintain records:
- Employee’s full name and social security number
- Address and ZIP code
- Birth date if younger than 19
- Sex and occupation
- Time and day workweek begins
- Hours worked each day and total hours each workweek
- Basis on which wages paid
- Regular hourly pay rate
- Total daily or weekly straight-time earnings
- Total overtime earnings for workweek
- Additions to or deductions from wages
- Total wages paid each pay period
- Date of payment and pay period covered
Retention:
- Payroll records: 3 years
- Time cards, schedules: 2 years
- Collective bargaining agreements: 3 years
F. Employee vs. Independent Contractor Classification
According to DOL guidance:
The determination of whether a worker is an employee or independent contractor is based on the economic reality test:
Factors Considered:
- Opportunity for profit or loss
- Investments by worker and employer
- Degree of permanence of work relationship
- Nature and degree of control
- Extent to which work performed is integral to employer’s business
- Skill and initiative
Consequences of Misclassification:
According to DOL:
- Misclassified employees lose FLSA protections
- Employers liable for back wages, overtime, damages
- Potential civil and criminal penalties
Family and Medical Leave Rights
A. Family and Medical Leave Act (FMLA)
According to the Family and Medical Leave Act, this federal law provides eligible employees with job-protected unpaid leave for family and medical reasons.
Coverage:
According to DOL regulations:
Covered Employers:
- Private employers with 50+ employees
- Public agencies (all federal, state, local government employers)
- Public and private elementary/secondary schools
Eligible Employees:
Must meet all criteria:
- Work for covered employer
- Worked for employer at least 12 months
- Worked at least 1,250 hours during 12 months before leave
- Work at location with 50+ employees within 75 miles
Leave Entitlement:
According to the FMLA:
12 Weeks of Leave in 12-Month Period For:
- Birth and care of newborn child
- Placement with employee of child for adoption or foster care
- Care for spouse, son, daughter, or parent with serious health condition
- Employee’s own serious health condition that makes unable to perform essential job functions
- Qualifying exigency related to spouse, son, daughter, or parent being on covered active duty (or notified of impending call) in Armed Forces
26 Weeks of Leave in 12-Month Period For:
- Care for covered servicemember with serious injury or illness if employee is servicemember’s spouse, son, daughter, parent, or next of kin
Serious Health Condition:
According to FMLA regulations:
Illness, injury, impairment, or physical/mental condition involving:
- Inpatient care in hospital, hospice, or residential medical care facility
- Continuing treatment by health care provider including:
- Period of incapacity of more than 3 consecutive days + treatment
- Pregnancy or prenatal care
- Chronic serious health condition
- Permanent or long-term incapacity
- Multiple treatments
Employee Rights During Leave:
According to the FMLA:
Job Protection:
- Right to return to same position or equivalent position
- Equivalent position has equivalent pay, benefits, working conditions, duties
Health Insurance:
- Employer must maintain health coverage during leave on same terms as if employee working
- Employee must continue paying employee share of premiums
Protection from Retaliation:
- Employer cannot interfere with, restrain, or deny exercise of FMLA rights
- Cannot discharge or discriminate for using FMLA leave
Notice Requirements:
According to FMLA regulations:
Employee Notice to Employer:
- Foreseeable leave: 30 days advance notice when possible
- Unforeseeable leave: As soon as practicable
- Does not need to mention “FMLA” by name
Employer Notice to Employee:
- General notice: Post notice explaining FMLA rights
- Eligibility notice: Within 5 business days of leave request
- Rights and responsibilities notice: With eligibility notice
- Designation notice: Within 5 business days of sufficient information
Certification:
According to FMLA:
Employer may require:
- Medical certification for serious health condition
- Second opinion (at employer’s expense)
- Third opinion (if first two conflict, at employer’s expense)
- Periodic recertification
- Fitness-for-duty certification before return to work
Intermittent or Reduced Schedule Leave:
According to FMLA:
- Leave can be taken intermittently or on reduced schedule when medically necessary
- Employer may require transfer to alternative position with equivalent pay and benefits
State Family and Medical Leave Laws:
According to state labor departments:
Many states have family and medical leave laws providing:
- Paid family leave (CA, NY, NJ, RI, WA, MA, CT, OR, CO, DE, MD)
- Lower employee thresholds
- Expanded definitions of family members
- Additional leave reasons
When federal and state laws overlap, employees entitled to most generous benefits.
Workplace Safety and Health
A. Occupational Safety and Health Act (OSH Act)
According to the Occupational Safety and Health Act of 1970, this federal law requires employers to provide safe and healthful workplaces.
Coverage:
According to OSHA:
- Most private sector employers and employees
- Some public sector employers (federal agencies, state/local governments in states with OSHA-approved state plans)
- Self-employed persons excluded
- Family farms employing only immediate family excluded
Employer Duties:
According to the OSH Act:
General Duty Clause: Employers must provide employment and place of employment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.”
Specific Duties:
- Comply with OSHA safety and health standards
- Provide training in language employees understand
- Keep records of work-related injuries and illnesses
- Provide medical examinations when required by OSHA standards
- Post OSHA citations and annual summary of injuries/illnesses
- Not retaliate against employees for exercising safety and health rights
Employee Rights:
According to OSHA:
Employees have the right to:
- Working conditions that do not pose risk of serious harm
- Receive information and training about hazards, methods to prevent harm, OSHA standards
- Review records of work-related injuries and illnesses
- Receive copies of medical records and test results
- File confidential complaint requesting OSHA inspection
- Participate in OSHA inspection
- Complain or request hazard correction from employer
- File complaint with OSHA if retaliated against
OSHA Standards:
According to OSHA regulations:
Standards cover:
- General industry (1910)
- Construction (1926)
- Maritime (1915, 1917, 1918)
- Agriculture (1928)
Common Standards Include:
- Hazard Communication (chemical hazards)
- Personal Protective Equipment
- Machinery and Machine Guarding
- Fall Protection
- Walking-Working Surfaces
- Electrical Standards
- Control of Hazardous Energy (Lockout/Tagout)
- Bloodborne Pathogens
- Respiratory Protection
- Confined Spaces
Recordkeeping:
According to OSHA regulations:
Required Records:
- OSHA Form 300 (Log of Work-Related Injuries and Illnesses)
- OSHA Form 300A (Summary)
- OSHA Form 301 (Injury and Illness Incident Report)
Employers Required to Keep Records:
- Private employers with 11+ employees (with some exceptions)
Retention:
- Records maintained for 5 years
- Annual summary posted February 1-April 30
Reporting Requirements:
According to OSHA:
Must Report to OSHA:
- All work-related fatalities within 8 hours
- All work-related inpatient hospitalizations, amputations, or eye losses within 24 hours
Inspections:
According to OSHA policy:
Inspection Priorities:
- Imminent danger
- Fatality/catastrophe
- Worker complaints
- Referrals
- Targeted inspections (high-hazard industries)
- Follow-up inspections
Employee Rights During Inspection:
- Right to participate in inspection
- Right to talk to compliance officer privately
- Right to representative to accompany compliance officer
Citations and Penalties:
According to OSHA:
Types of Violations:
- Other-than-serious: Penalty up to $16,131
- Serious: Penalty up to $16,131
- Willful: Penalty $11,524 to $161,323
- Repeat: Penalty up to $161,323
- Failure to abate: Penalty up to $16,131 per day
(Penalty amounts adjusted annually for inflation)
B. Whistleblower Protection
According to OSHA whistleblower protections, OSHA enforces whistleblower provisions of more than 20 federal statutes.
OSH Act Section 11(c):
According to Section 11(c):
Protects employees who:
- Complain to employer, OSHA, or other government agency about unsafe/unhealthful working conditions
- File safety or health grievance
- Participate in OSHA inspection, conference, hearing, or other OSHA-related activity
- Exercise any right under OSH Act
Filing Requirements:
- File complaint with OSHA within 30 days of retaliation
Other Whistleblower Statutes Enforced by OSHA:
According to OSHA:
- Surface Transportation Assistance Act
- Asbestos Hazard Emergency Response Act
- International Safe Container Act
- Safe Drinking Water Act
- Federal Water Pollution Control Act
- Toxic Substances Control Act
- Solid Waste Disposal Act
- Clean Air Act
- Comprehensive Environmental Response, Compensation and Liability Act
- Energy Reorganization Act
- Sarbanes-Oxley Act
- Pipeline Safety Improvement Act
- FDA Food Safety Modernization Act
- Consumer Product Safety Improvement Act
- Affordable Care Act
- Consumer Financial Protection Act
- Seaman’s Protection Act
- National Transit Systems Security Act
- Federal Railroad Safety Act
- Moving Ahead for Progress in the 21st Century Act
- Fixing America’s Surface Transportation Act
Filing Deadlines Vary:
- 30 days to 180 days depending on statute
Union and Collective Bargaining Rights
A. National Labor Relations Act (NLRA)
According to the National Labor Relations Act, this federal law guarantees private sector employees’ rights to organize and bargain collectively.
Coverage:
According to the National Labor Relations Board:
- Most private sector employers and employees
- Excludes: agricultural workers, independent contractors, supervisors, managers, family members of employer, railroad/airline industry workers (covered by Railway Labor Act), public sector employees
Section 7 Rights:
According to Section 7 of the NLRA:
Employees have the right to:
- Form, join, or assist labor organizations
- Bargain collectively through representatives of own choosing
- Engage in concerted activities for mutual aid or protection
- Refrain from any or all such activities
Protected Concerted Activity:
According to NLRB decisions:
Protected activities include:
- Discussing wages, hours, working conditions with coworkers
- Circulating petition for workplace improvements
- Refusing to attend meeting designed to discourage union support
- Wearing union insignia/buttons at work
- Going on strike
- Picketing
Activity Must Be:
- Concerted (two or more employees acting together) OR
- Individual action on behalf of other employees OR
- Individual action to initiate or prepare for group action
Unfair Labor Practices by Employers:
According to Section 8(a) of NLRA:
Employers cannot:
- Interfere with, restrain, or coerce employees exercising Section 7 rights
- Dominate or interfere with formation/administration of labor organization
- Discriminate based on union membership or protected activity
- Discharge or discriminate against employees who file charges or testify under NLRA
- Refuse to bargain collectively with employee representatives
Common Employer Violations:
- Threatening employees with consequences if they support union
- Interrogating employees about union activities
- Promising benefits to discourage union support
- Surveillance of union activities
- Discipline or discharge for union activity
Unfair Labor Practices by Unions:
According to Section 8(b) of NLRA:
Unions cannot:
- Restrain or coerce employees exercising Section 7 rights
- Cause employer to discriminate against employees
- Refuse to bargain collectively with employer
- Engage in prohibited secondary boycotts or strikes
- Charge excessive union dues or initiation fees
Collective Bargaining:
According to the NLRA:
Duty to Bargain:
- Employers and unions must bargain in good faith
- Regarding wages, hours, and other terms and conditions of employment
- Must meet at reasonable times and confer in good faith
- Reduces agreements to writing if requested
Good Faith Bargaining Includes:
- Genuine intent to reach agreement
- Making reasonable proposals
- Responding to other party’s proposals
- Providing relevant information
Surface Bargaining (Bad Faith):
- Going through motions without intent to reach agreement
- Unjustifiably delaying
- Refusing to provide requested information
Union Security Agreements:
According to the NLRA:
Permitted Agreements:
- Agency shop: Employees must pay union dues or equivalent
- Union shop: Employees must join union after hire
Right-to-Work States:
- 27 states prohibit mandatory union membership or dues as condition of employment
- Even in right-to-work states, unions must represent all employees in bargaining unit
Strikes:
According to NLRA:
Protected Strikes:
- Economic strikes (support bargaining demands)
- Unfair labor practice strikes (protest employer ULP)
Rights of Strikers:
- Economic strikers: Can be permanently replaced (but not discharged)
- ULP strikers: Cannot be permanently replaced; entitled to reinstatement
Unprotected Strikes:
- Sit-down strikes (occupy employer property)
- Partial/intermittent strikes
- Strikes in violation of no-strike clause
- Violent strikes
- Strikes over mandatory subjects after impasse
Filing Charges:
According to NLRB procedures:
- Charges must be filed within 6 months of alleged violation
- File with NLRB regional office
- NLRB investigates and may issue complaint
- Administrative Law Judge conducts hearing
- Decision appealable to full NLRB, then federal courts
Remedies:
- Cease and desist orders
- Affirmative orders (post notice, reinstate employees, provide back pay)
- Bargaining orders
Other Federal Employment Rights
A. Employee Polygraph Protection Act
According to the Employee Polygraph Protection Act, employers generally cannot require employees or applicants to take lie detector tests.
Coverage:
- Most private employers
- Exceptions: federal, state, local government; certain security service firms; pharmaceutical manufacturers/distributors
Prohibitions:
- Cannot require, request, suggest, or cause employee/applicant to take polygraph test
- Cannot use, accept, refer to, or inquire about results of polygraph test
- Cannot discharge, discipline, discriminate, deny employment based on refusal to take test or based on results
Limited Exemptions:
- Ongoing investigations of economic loss/injury (with restrictions)
- Security service firms (armored car, alarm, guard)
- Pharmaceutical manufacturers/distributors (controlled substances)
B. Uniformed Services Employment and Reemployment Rights Act (USERRA)
According to USERRA, servicemembers have rights to reemployment after military service.
Coverage:
- All employers (public and private, any size)
- All employees performing service in uniformed services
Uniformed Services:
- Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard
- Army National Guard, Air National Guard
- Commissioned Corps of Public Health Service
- Reserve components of each service
Service Covered:
- Active duty, active duty training, inactive duty training
- Full-time National Guard duty
- Absence for fitness examination
Reemployment Rights:
According to USERRA:
Eligibility Requirements:
- Provided advance notice to employer (written or verbal, unless prevented by military necessity)
- Cumulative service does not exceed 5 years (with exceptions)
- Did not receive dishonorable or bad conduct discharge
- Reported back to work or applied for reemployment timely
Timely Return/Application:
- Service less than 31 days: Report beginning of first regularly scheduled work period after reasonable travel time + 8 hours
- Service 31-180 days: Apply for reemployment within 14 days
- Service 181+ days: Apply for reemployment within 90 days
- Service-connected injury/illness: Reporting/application deadline extended up to 2 years
Reemployment Position:
According to USERRA:
Escalator Principle:
- Returnee entitled to position would have held if continuously employed
- With seniority, status, pay that would have been attained
Specific Position Depends on Length of Service:
- Less than 91 days: Escalator position or position left (if qualified)
- 91+ days: Escalator position, position left, or nearest approximation
Health Insurance:
According to USERRA:
- Continuation coverage available during service (up to 24 months)
- Coverage reinstated upon reemployment with no waiting period
- No exclusions for preexisting conditions (except service-connected conditions)
Protection from Discharge:
According to USERRA:
- Service less than 181 days: Cannot discharge except for cause for 180 days after reemployment
- Service 181+ days: Cannot discharge except for cause for 1 year after reemployment
C. Immigration and Employment Verification
According to the Immigration and Nationality Act:
Employment Verification:
All employers must:
- Verify identity and employment authorization of all employees
- Complete Form I-9 for each employee within 3 days of hire
- Retain Form I-9 for 3 years after hire or 1 year after termination (whichever is later)
Discrimination Prohibitions:
According to DOL and DOJ:
Employers cannot:
- Discriminate based on citizenship status (citizens, permanent residents, refugees, asylees)
- Discriminate based on national origin (employers with 4+ employees)
- Intimidate, threaten, coerce, retaliate against individuals asserting rights
- Request more or different documents than necessary for I-9 verification
- Refuse valid documents or reject based on future expiration dates
H-2A Visa Program (Agricultural Workers):
According to DOL regulations:
- Employers must obtain labor certification
- Cannot adversely affect wages/working conditions of similarly employed U.S. workers
- Must provide housing, transportation, meals (or allowance)
- Must pay required wage rate (highest of: adverse effect wage rate, prevailing wage, federal/state minimum wage, agreed upon collective bargaining rate)
H-1B Visa Program (Specialty Occupations):
According to DOL regulations:
- Must pay required wage (higher of: actual wage paid to similarly employed workers or prevailing wage)
- Must provide working conditions not adversely affecting similarly employed workers
- Cannot displace U.S. workers 90 days before or after H-1B petition
Minimum Wage by State - 2026
According to state labor department websites, the following table reflects minimum wage rates effective as of January 1, 2026 (unless otherwise noted):
| State | Minimum Wage (2026) | Effective Date | Tipped Employee Minimum | Notes |
|---|---|---|---|---|
| Alabama | $7.25 (Federal) | - | $2.13 | No state minimum wage law |
| Alaska | $11.91 | Jan 1, 2026 | $11.91 | No tip credit |
| Arizona | $15.00 | Jan 1, 2026 | $12.00 | Crossed $15 threshold |
| Arkansas | $11.00 | - | $2.63 | No 2026 increase |
| California | $16.90 | Jan 1, 2026 | $16.90 | No tip credit; Fast food: $20.00 |
| Colorado | $15.00 | Jan 1, 2026 | $12.02 | Crossed $15 threshold |
| Connecticut | $16.94 | Jan 1, 2026 | Varies | Service employees complex rules |
| Delaware | $13.25 | - | $2.23 | No 2026 increase |
| Florida | $14.00 | Sep 30, 2026 | $8.98 | Path to $15 by Sep 2026 |
| Georgia | $5.15 (state); $7.25 (FLSA applies) | - | $2.13 | Federal minimum applies to most |
| Hawaii | $16.00 | Jan 1, 2026 | $14.75 | Crossed $15 threshold; $1.25 tip credit |
| Idaho | $7.25 (Federal) | - | $3.35 | State matches federal |
| Illinois | $15.00 | - | $9.00 | No 2026 increase |
| Indiana | $7.25 (Federal) | - | $2.13 | No state minimum wage law |
| Iowa | $7.25 (Federal) | - | $4.35 | State matches federal |
| Kansas | $7.25 (Federal) | - | $2.13 | State matches federal |
| Kentucky | $7.25 (Federal) | - | $2.13 | State matches federal |
| Louisiana | $7.25 (Federal) | - | $2.13 | No state minimum wage law |
| Maine | $15.00 | Jan 1, 2026 | $7.50 | Crossed $15 threshold |
| Maryland | $15.00 | - | $3.63 | No 2026 increase |
| Massachusetts | $15.00 | - | $6.75 | No 2026 increase |
| Michigan | $10.56 | - | $4.01 | No 2026 increase |
| Minnesota | $11.23 (large employers); $9.15 (small) | Jan 1, 2026 | $11.23/$9.15 | No tip credit |
| Mississippi | $7.25 (Federal) | - | $2.13 | No state minimum wage law |
| Missouri | $15.00 | Jan 1, 2026 | $7.50 | Crossed $15 threshold |
| Montana | $10.75 | Jan 1, 2026 | $10.75 | No tip credit |
| Nebraska | $15.00 | Jan 1, 2026 | $2.13 | Crossed $15 threshold |
| Nevada | $12.00 | - | $12.00 | No tip credit; increase July 2026 |
| New Hampshire | $7.25 (Federal) | - | $3.27 | State matches federal |
| New Jersey | $15.49 | Jan 1, 2026 | $5.62 | Seasonal/small employer: $14.53 |
| New Mexico | $12.00 | - | $3.00 | No 2026 increase |
| New York | $17.00 (NYC, LI, West); $16.00 (rest) | Jan 1, 2026 | Varies | Complex regional structure |
| North Carolina | $7.25 (Federal) | - | $2.13 | State matches federal |
| North Dakota | $7.25 (Federal) | - | $4.86 | State matches federal |
| Ohio | $10.70 | Jan 1, 2026 | $5.35 | Inflation-adjusted |
| Oklahoma | $7.25 (Federal) | - | $2.13 | State: $2.00 (10+ employees) |
| Oregon | $15.45 (Portland metro) | July 1, 2026 | $15.45 | No tip credit; regional rates |
| Pennsylvania | $7.25 (Federal) | - | $2.83 | State matches federal |
| Rhode Island | $15.50 | Jan 1, 2026 | $3.89 | Inflation-adjusted |
| South Carolina | $7.25 (Federal) | - | $2.13 | No state minimum wage law |
| South Dakota | $12.00 | Jan 1, 2026 | $6.00 | Inflation-adjusted |
| Tennessee | $7.25 (Federal) | - | $2.13 | No state minimum wage law |
| Texas | $7.25 (Federal) | - | $2.13 | State matches federal |
| Utah | $7.25 (Federal) | - | $2.13 | State matches federal |
| Vermont | $14.50 | Jan 1, 2026 | $7.25 | Inflation-adjusted |
| Virginia | $12.41 | Jan 1, 2026 | $2.13 | Inflation-adjusted |
| Washington | $17.13 | Jan 1, 2026 | $17.13 | No tip credit; highest state rate |
| West Virginia | $8.75 | - | $2.62 | No 2026 increase |
| Wisconsin | $7.25 (Federal) | - | $2.33 | State matches federal |
| Wyoming | $5.15 (state); $7.25 (FLSA applies) | - | $2.13 | Federal minimum applies to most |
| District of Columbia | $17.95 | July 1, 2025 | $8.98 | Highest in nation; next increase July 2026 |
Sources: State labor department websites, compiled December 2025
States Above $15/Hour (18 total + DC): Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Missouri, Nebraska, New Jersey, New York, Oregon (Portland metro), Rhode Island, Washington, District of Columbia (also Florida by September 2026)
States at Federal Minimum ($7.25): Alabama, Georgia (effectively), Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Wisconsin, Wyoming (effectively)
At-Will Employment and Exceptions by State
According to state employment laws, 49 states follow at-will employment (Montana is the exception). However, states recognize different exceptions to at-will employment.
At-Will Employment Exceptions – Comprehensive Table
| State | Public Policy Exception | Implied Contract Exception | Covenant of Good Faith Exception |
|---|---|---|---|
| Alabama | NO | YES | YES |
| Alaska | YES | YES | YES |
| Arizona | YES | NO | YES |
| Arkansas | YES | YES | NO |
| California | YES | YES | YES |
| Colorado | YES | YES | NO |
| Connecticut | YES | YES | NO |
| Delaware | YES | NO | YES |
| Florida | NO | NO | NO |
| Georgia | NO | NO | NO |
| Hawaii | YES | YES | NO |
| Idaho | YES | YES | YES |
| Illinois | YES | YES | NO |
| Indiana | YES | NO | NO |
| Iowa | YES | YES | NO |
| Kansas | YES | YES | NO |
| Kentucky | YES | YES | NO |
| Louisiana | NO | NO | YES |
| Maine | NO | YES | NO |
| Maryland | YES | YES | NO |
| Massachusetts | YES | NO | YES |
| Michigan | YES | YES | YES |
| Minnesota | YES | YES | NO |
| Mississippi | YES | YES | NO |
| Missouri | YES | NO | NO |
| Montana | N/A - Not At-Will After Probation | N/A | N/A |
| Nebraska | NO | YES | YES |
| Nevada | YES | YES | YES |
| New Hampshire | YES | YES | NO |
| New Jersey | YES | YES | NO |
| New Mexico | YES | YES | NO |
| New York | NO | YES | NO |
| North Carolina | YES | NO | NO |
| North Dakota | YES | YES | NO |
| Ohio | YES | YES | NO |
| Oklahoma | YES | YES | NO |
| Oregon | YES | YES | NO |
| Pennsylvania | YES | NO | NO |
| Rhode Island | NO | NO | NO |
| South Carolina | YES | YES | YES |
| South Dakota | YES | YES | NO |
| Tennessee | YES | YES | NO |
| Texas | YES | NO | NO |
| Utah | YES | YES | YES |
| Vermont | YES | YES | NO |
| Virginia | YES | NO | NO |
| Washington | YES | YES | NO |
| West Virginia | YES | YES | NO |
| Wisconsin | YES | YES | NO |
| Wyoming | YES | YES | YES |
Sources: State court decisions and employment law statutes
Exception Definitions:
Public Policy Exception: Employer cannot terminate employee for reasons that violate public policy, including:
- Refusing to commit illegal act
- Performing public duty (jury duty, voting, military service)
- Exercising statutory right (filing workers’ compensation claim)
- Whistleblowing
States WITHOUT Public Policy Exception: Florida, Georgia, Louisiana, Maine, Nebraska, New York, Rhode Island, Alabama (8 states)
Implied Contract Exception: Employment handbooks, policies, or employer statements may create implied contract limiting at-will employment.
States WITHOUT Implied Contract Exception: Arizona, Delaware, Florida, Georgia, Indiana, Louisiana, Massachusetts, Missouri, Montana, North Carolina, Pennsylvania, Rhode Island, Texas, Virginia (14 states)
Covenant of Good Faith and Fair Dealing: Requires employers to have good cause for termination and act in good faith.
States WITH Covenant of Good Faith: Alabama, Alaska, Arizona, California, Delaware, Idaho, Louisiana, Massachusetts, Michigan, Nebraska, Nevada, South Carolina, Utah, Wyoming (13-14 states)
Montana – Special Status:
According to Montana Wrongful Discharge from Employment Act:
- At-will employment only during probationary period (employer-defined or 6 months statutory)
- After probation, termination only for good cause
- Good cause: reasonable job-related grounds based on failure to perform duties or disruption of operations
- Only state with this requirement
Paid Sick Leave Laws by State
According to state labor department sources, the following states and jurisdictions have mandatory paid sick leave laws:
| State/Jurisdiction | Effective Date | Accrual Rate | Maximum Accrual | Covered Employers | Employee Coverage |
|---|---|---|---|---|---|
| Arizona | July 1, 2017 | 1 hour per 30 hours worked | 40 hours (15+ employees); 24 hours (<15 employees) | All employers | All employees |
| California | July 1, 2015 | 1 hour per 30 hours worked | 48 hours or 6 days | All employers | All employees |
| Colorado | Jan 1, 2021 | 1 hour per 30 hours worked | 48 hours | 16+ employees | All employees |
| Connecticut | Jan 1, 2012 | 1 hour per 40 hours worked | 40 hours | 50+ employees | Service workers |
| Illinois (Chicago) | July 1, 2017 | 1 hour per 40 hours worked (5+ employees); varies for smaller | Varies | 4+ employees | All employees |
| Maine | Jan 1, 2021 | 1 hour per 40 hours worked | 40 hours | 10+ employees | All employees |
| Maryland | Feb 11, 2018 | 1 hour per 30 hours worked | 40 hours (15+ employees); 64 hours if more provided | 15+ employees | All employees |
| Massachusetts | July 1, 2015 | 1 hour per 30 hours worked | 40 hours | 11+ employees | All employees |
| Michigan | Feb 21, 2019 | 1 hour per 35 hours worked | 40 hours (10+ employees); 72 hours if more provided | 50+ employees | All employees |
| Minnesota (Minneapolis) | July 1, 2017 | 1 hour per 30 hours worked | 48 hours | 6+ employees | All employees |
| Nevada | Jan 1, 2020 | 0.01923 hours per hour worked | 40 hours | 50+ employees | All employees |
| New Jersey | Oct 29, 2018 | 1 hour per 30 hours worked | 40 hours | All employers | All employees |
| New Mexico | July 1, 2022 | 1 hour per 30 hours worked | 64 hours | All employers | All employees |
| New York | Sep 30, 2020 | 1 hour per 30 hours worked | Varies by employer size | All employers | All employees |
| Oregon | Jan 1, 2016 | 1 hour per 30 hours worked (10+ employees); 1 hour per 33.3 hours (<10) | 40 hours | 10+ employees (some coverage for smaller) | All employees |
| Rhode Island | Jan 1, 2018 | 1 hour per 35 hours worked | 40 hours | 18+ employees | All employees |
| Vermont | Jan 1, 2017 | 1 hour per 52 hours worked | 40 hours | 5+ employees (effective 2023); was 10+ | All employees |
| Washington | Jan 1, 2018 | 1 hour per 40 hours worked | 40 hours | All employers | All employees |
| District of Columbia | Feb 22, 2014 | 1 hour per 37 hours worked (100+ employees); 1 per 43 hours (<100) | Varies | All employers | All employees |
Sources: State labor department websites and paid sick leave statutes
Additional Jurisdictions with Paid Sick Leave: Many cities and counties have local paid sick leave ordinances, including: Austin TX, Berkeley CA, Chicago IL, Cook County IL, Emeryville CA, Los Angeles CA, Minneapolis MN, New York City NY, Oakland CA, Philadelphia PA, Pittsburgh PA, Portland OR, Saint Paul MN, San Diego CA, San Francisco CA, Santa Monica CA, Seattle WA, Tacoma WA.
States WITHOUT Statewide Paid Sick Leave: 34 states do not have mandatory paid sick leave requirements (though some cities within these states may have local ordinances).
State Family and Medical Leave Laws
According to state sources, the following states have family and medical leave programs beyond federal FMLA:
State Paid Family Leave Programs – 2026
| State | Program Name | Benefits | Funding | Effective Date | Weekly Benefit | Duration |
|---|---|---|---|---|---|---|
| California | Paid Family Leave (PFL) | Birth, adoption, care for family | Employee payroll tax | 2004 | 60–70% of wages (up to $1,620/week in 2026) | 8 weeks |
| Colorado | FAMLI | Birth, adoption, care for family, own health | Employee & employer payroll tax | 2024 | Up to 90% of wages (capped) | 12 weeks (16 weeks combined) |
| Connecticut | CT Paid Leave | Birth, adoption, care for family, own health | Employee payroll tax | 2022 | 95% of wages up to 40× min wage | 12 weeks |
| Delaware | Healthy Delaware Families Act | Birth, adoption, care for family, own health | Employee & employer payroll tax | 2026 | 80% of wages (capped at $900/week) | 12 weeks |
| District of Columbia | Universal Paid Leave | Birth, adoption, care for family, own health, prenatal | Employer payroll tax | 2020 | 90% of wages (capped) | 12 weeks (varies by reason) |
| Maine | N/A (FMLA expansion only) | Job-protected leave | N/A | 2020 | Unpaid | 10 weeks (pregnancy only, repealed 2026) |
| Maryland | Time to Care Act | Birth, adoption, care for family, own health | Employee & employer payroll tax | 2025 | Up to $1,000/week | 12 weeks |
| Massachusetts | PFML | Birth, adoption, care for family, own health | Employee & employer payroll tax | 2021 | Up to $1,144.90/week (2026) | 12 weeks (20 weeks combined) |
| New Jersey | Family Leave Insurance & Temporary Disability | Birth, adoption, care for family, own health | Employee payroll tax | 2009 | 85% of wages (up to $1,055/week in 2026) | 12 weeks |
| New York | Paid Family Leave | Birth, adoption, care for family | Employee payroll tax | 2018 | 67% of state avg wage ($1,151.16/week in 2026) | 12 weeks |
| Oregon | Paid Leave Oregon | Birth, adoption, care for family, own health | Employee & employer payroll tax | 2023 | Up to $1,532.94/week (2026) | 12 weeks (14 weeks pregnancy) |
| Rhode Island | Temporary Caregiver Insurance (TCI) | Care for family | Employee payroll tax (part of TDI) | 2014 | 5.4 weeks avg wage (max $1,137/week in 2026) | 5 weeks |
| Washington | Paid Family and Medical Leave | Birth, adoption, care for family, own health | Employee & employer payroll tax | 2020 | 90% of wages (cap $1,608.87/week in 2026) | 12 weeks (16 weeks pregnancy) |
Sources: State paid family leave program websites
Expansion Date Notes:
- Delaware: Benefits available January 1, 2026
- Maryland: Benefits begin July 1, 2026 (contributions began October 2023)
States with Unpaid Job-Protected Leave (Beyond FMLA):
According to state statutes:
- Vermont: Small necessities leave (school activities, health appointments)
- Minnesota: Parental leave (6 weeks birth/adoption for 21+ employees)
- Wisconsin: Family medical leave (smaller employer threshold than FMLA)
- Tennessee: Up to 4 months pregnancy disability leave
Right-to-Work States - 2026
According to state labor laws, “Right-to-Work” laws prohibit mandatory union membership or payment of union dues as a condition of employment.
Right-to-Work States (27 total):
| State | Effective Date | Constitutional Amendment | Notes |
|---|---|---|---|
| Alabama | 1953 | YES (2016) | Constitutional amendment adopted 2016 |
| Arizona | 1947 | YES | Constitutional provision since statehood |
| Arkansas | 1947 | YES (2017) | Strengthened via constitutional amendment 2017 |
| Florida | 1944 | YES (1968) | Constitutional provision |
| Georgia | 1947 | NO | Statutory |
| Idaho | 1986 | NO | Statutory |
| Indiana | 2012 | NO | First rust belt state; statutory |
| Iowa | 1947 | NO | Statutory |
| Kansas | 1958 | NO | Statutory |
| Kentucky | 2017 | NO | Statutory |
| Louisiana | 1976 | YES | Constitutional provision |
| Michigan | 2013 | NO | Statutory; union stronghold |
| Mississippi | 1954 | YES | Constitutional provision |
| Missouri | 2017 | NO | Statutory; voters rejected repeal 2018 |
| Nebraska | 1947 | YES | Constitutional provision |
| Nevada | 1952 | NO | Statutory |
| North Carolina | 1947 | NO | Statutory |
| North Dakota | 1948 | NO | Statutory |
| Oklahoma | 2001 | YES | Constitutional amendment |
| South Carolina | 1954 | YES | Constitutional provision |
| South Dakota | 1947 | NO | Statutory |
| Tennessee | 1947 | NO | Statutory |
| Texas | 1993 | YES | Constitutional amendment |
| Utah | 1955 | YES | Constitutional provision |
| Virginia | 1947 | NO | Statutory |
| West Virginia | 2016 | NO | Statutory |
| Wisconsin | 2015 | NO | Statutory; former union stronghold |
| Wyoming | 1963 | YES | Constitutional provision |
Sources: State labor department websites and state constitutions/statutes
States WITHOUT Right-to-Work (23 states + DC):
Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Montana, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, District of Columbia
Employment Discrimination Laws - State Coverage
According to state civil rights agencies, many states provide broader protections than federal law.
State Discrimination Protections Beyond Federal Law
| State | Sexual Orientation | Gender Identity | Marital Status | Arrest/Conviction Record | Political Activities / Affiliation | Source of Income |
|---|---|---|---|---|---|---|
| Alabama | NO | NO | NO | NO | NO | NO |
| Alaska | YES | YES | YES | NO | NO | NO |
| Arizona | YES | YES | NO | Arrest only | NO | NO |
| Arkansas | NO | NO | NO | NO | NO | NO |
| California | YES | YES | YES | Arrest/Conviction | Political activities | Source of income |
| Colorado | YES | YES | YES | NO | Lawful outside activity | NO |
| Connecticut | YES | YES | YES | Arrest/Conviction | NO | NO |
| Delaware | YES | YES | YES | NO | NO | NO |
| District of Columbia | YES | YES | YES | Arrest/Conviction | Political affiliation | Source of income |
| Florida | NO (some localities) | NO (some localities) | YES | NO | NO | NO |
| Georgia | NO | NO | NO | NO | NO | NO |
| Hawaii | YES | YES | YES | Arrest/Conviction | NO | NO |
| Idaho | NO | NO | NO | NO | NO | NO |
| Illinois | YES | YES | YES | Arrest/Conviction | NO | NO |
| Indiana | NO | NO | NO | NO | NO | NO |
| Iowa | YES | YES | YES | NO | NO | NO |
| Kansas | NO | NO | YES | NO | NO | NO |
| Kentucky | NO | NO | NO | NO | NO | NO |
| Louisiana | NO | NO | NO | NO | NO | NO |
| Maine | YES | YES | YES | NO | NO | NO |
| Maryland | YES | YES | YES | NO | NO | NO |
| Massachusetts | YES | YES | YES | Arrest/Conviction | NO | NO |
| Michigan | YES | YES | YES | Arrest/Conviction | NO | NO |
| Minnesota | YES | YES | YES | NO | NO | Source of income |
| Mississippi | NO | NO | NO | NO | NO | NO |
| Missouri | NO | NO | NO | NO | NO | NO |
| Montana | YES | YES | YES | NO | NO | NO |
| Nebraska | NO | NO | NO | NO | NO | NO |
| Nevada | YES | YES | YES | NO | NO | NO |
| New Hampshire | YES | YES | YES | NO | NO | NO |
| New Jersey | YES | YES | YES | Arrest/Conviction | NO | Lawful source of income |
| New Mexico | YES | YES | YES | Arrest only | NO | NO |
| New York | YES | YES | YES | Arrest/Conviction | Political activities | Source of income |
| North Carolina | NO | NO | NO | NO | NO | NO |
| North Dakota | NO | NO | YES | NO | NO | NO |
| Ohio | NO | NO | YES | NO | NO | NO |
| Oklahoma | NO | NO | NO | NO | NO | NO |
| Oregon | YES | YES | YES | Arrest only | NO | NO |
| Pennsylvania | NO | NO | NO | Arrest/Conviction | NO | NO |
| Rhode Island | YES | YES | YES | NO | NO | NO |
| South Carolina | NO | NO | NO | NO | NO | NO |
| South Dakota | NO | NO | NO | NO | NO | NO |
| Tennessee | NO | NO | NO | NO | NO | NO |
| Texas | NO | NO | NO | NO | NO | NO |
| Utah | YES | YES | YES | NO | NO | NO |
| Vermont | YES | YES | YES | Arrest/Conviction | NO | NO |
| Virginia | YES | YES | YES | NO | NO | NO |
| Washington | YES | YES | YES | Arrest/Conviction | NO | NO |
| West Virginia | NO | NO | NO | NO | NO | NO |
| Wisconsin | YES | YES | YES | Arrest/Conviction | NO | NO |
| Wyoming | NO | NO | NO | NO | NO | NO |
Sources: State civil rights commission websites and anti-discrimination statutes
Note: Even states marked “NO” for sexual orientation/gender identity may have local ordinances in specific cities providing these protections.
States with Comprehensive Protections (All Categories): California, District of Columbia
State Overtime Laws - Daily Overtime Requirements
According to state labor departments, most states follow federal overtime requirements (40 hours/week). However, some states have additional daily overtime requirements:
| State | Involuntary Termination | Voluntary Resignation | Notes |
|---|---|---|---|
| Alabama | No specific requirement | No specific requirement | Follow employer's regular pay schedule |
| Alaska | Within 3 working days | Next regular payday at least 3 days after resignation | - |
| Arizona | Within 7 working days OR next regular payday (whichever is sooner) | Next regular payday | - |
| Arkansas | Within 7 days | Next regular payday | - |
| California | Immediately | Within 72 hours (immediately if 72 hours notice given) | Strictest requirement |
| Colorado | Immediately | Next regular payday | - |
| Connecticut | Next business day | Next regular payday | - |
| Delaware | Next regular payday | Next regular payday | - |
| District of Columbia | Next business day OR within 7 days (if employer not present) | Next regular payday OR within 7 days | - |
| Florida | No specific requirement | No specific requirement | Follow regular pay schedule |
| Georgia | No specific requirement | No specific requirement | Follow regular pay schedule |
| Hawaii | Immediately OR next business day if timing prevents immediate payment | Next regular payday OR immediately if employee gives 1 pay period notice | - |
| Idaho | Next regular payday OR within 10 days (whichever is sooner) | Next regular payday OR within 10 days | - |
| Illinois | Next regular payday | Next regular payday | - |
| Indiana | Next regular payday | Next regular payday | - |
| Iowa | Next regular payday | Next regular payday | - |
| Kansas | Next regular payday | Next regular payday | - |
| Kentucky | Next regular payday OR within 14 days (whichever is later) | Next regular payday OR within 14 days | - |
| Louisiana | Within 15 days OR next regular payday (whichever is earlier) | Within 15 days OR next regular payday | - |
| Maine | Next regular payday | Next regular payday | - |
| Maryland | Next regular payday | Next regular payday | - |
| Massachusetts | Day of termination | Next regular payday OR if no notice, following Saturday | - |
| Michigan | Next regular payday | Next regular payday | - |
| Minnesota | Within 24 hours | Next regular payday (at least 5 days after resignation) OR within 20 days if 5+ days notice given | - |
| Mississippi | No specific requirement | No specific requirement | Follow regular pay schedule |
| Missouri | Day of termination if payroll office on site; otherwise no specific | Next regular payday | - |
| Montana | Immediately if employee requests | Next regular payday OR within 15 days (whichever is sooner) | - |
| Nebraska | Next regular payday OR within 2 weeks (whichever is sooner) | Next regular payday OR within 2 weeks | - |
| Nevada | Within 3 days | Next regular payday OR within 7 days (whichever is earlier) | - |
| New Hampshire | Within 72 hours | Next regular payday OR within 72 hours if employee gives 1 pay period notice | - |
| New Jersey | Next regular payday | Next regular payday | - |
| New Mexico | Within 5 days | Next regular payday | - |
| New York | Next regular payday | Next regular payday | - |
| North Carolina | Next regular payday | Next regular payday | - |
| North Dakota | Next regular payday | Next regular payday | - |
| Ohio | Next regular payday | Next regular payday | - |
| Oklahoma | Next regular payday | Next regular payday | - |
| Oregon | End of first business day (within Portland metro) OR within 5 days (outside metro) | Within 5 business days (no notice) OR immediately (48+ hours notice) | - |
| Pennsylvania | Next regular payday | Next regular payday | - |
| Rhode Island | Next regular payday | Next regular payday | - |
| South Carolina | Within 48 hours OR next regular payday (whichever is sooner) | Next regular payday | - |
| South Dakota | Next regular payday OR within 5 days (whichever is sooner) | Next regular payday | - |
| Tennessee | Next regular payday OR within 21 days (whichever is later) | Next regular payday OR within 21 days | - |
| Texas | Within 6 days | Next regular payday | - |
| Utah | Within 24 hours | Next regular payday (at least 24 hours notice required) OR within 10 days | - |
| Vermont | Within 72 hours | Next regular payday OR next Friday (if no regular payday) | - |
| Virginia | Next regular payday | Next regular payday | - |
| Washington | End of pay period | End of pay period | - |
| West Virginia | Within 72 hours | Next regular payday | - |
| Wisconsin | Next regular payday (within 1 month) | Next regular payday (within 1 month) | - |
| Wyoming | Next regular payday | Next regular payday | - |
Sources: State wage payment and collection statutes
Immediate Payment Required (Involuntary Termination): California, Colorado, Connecticut, Massachusetts (day of), Minnesota (24 hours), Missouri (certain circumstances), Montana, Nevada (3 days), Utah (24 hours), West Virginia (72 hours)
Meal and Rest Break Requirements by State
According to state labor laws:
States Requiring Meal Breaks
| State | Meal Break Requirement | Rest Break Requirement | Industry / Employee Threshold |
|---|---|---|---|
| California | 30 min (if work 5+ hours); 2nd 30 min (if work 10+ hours) | 10 min per 4 hours worked | All employees |
| Colorado | 30 min (if work 5+ hours) | 10 min per 4 hours worked | All employees |
| Connecticut | 30 min (if work 7.5+ consecutive hours) | NO | All employees |
| Delaware | 30 min (if work 7.5+ consecutive hours) | NO | All employees (limited exceptions) |
| Illinois | 20 min (if work 7.5+ continuous hours) | NO | Hotel room attendants; varies by industry |
| Kentucky | Reasonable meal period (if work 3rd–5th hour) | 10 min per 4 hours (limited industries) | All employees |
| Maine | 30 min (if work 6+ consecutive hours) | NO | All employees (except certain industries) |
| Massachusetts | 30 min (if work 6+ hours) | NO | All employees |
| Minnesota | Sufficient time to eat meal (if work 8+ consecutive hours) | Sufficient time to use restroom | All employees |
| Nebraska | 30 min (if work 8+ consecutive hours) | NO | Assembly plant, workshop, mechanical establishment employees |
| Nevada | 30 min (if work 8+ continuous hours) | 10 min per 4 hours worked | All employees |
| New Hampshire | 30 min (if work 5+ consecutive hours) | NO | All employees |
| New York | 30 min (varies by shift length and timing) | NO | Factory, mercantile, certain other employees; complex rules |
| North Dakota | 30 min (if work when meal period ordinarily taken) | NO | Limited industries |
| Oregon | 30 min (if work 6+ hours); 10 min per 4 hours worked | 10 min per 4 hours worked (separate from meal) | All employees |
| Rhode Island | 20 min (if work 6+ hours); 30 min (if work 8+ hours) | NO | Most employees |
| Tennessee | 30 min (if work 6+ consecutive hours) | NO | Employees scheduled 6+ hour shifts |
| Vermont | Reasonable opportunity to eat and use restroom | Reasonable opportunity to use restroom | All employees |
| Washington | 30 min (if work 5+ consecutive hours) | 10 min per 4 hours worked | All employees |
| West Virginia | 20 min (if work 6+ consecutive hours) | NO | All employees |
Source: State labor department meal and rest break requirements
States with NO Meal or Rest Break Requirements: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Mississippi, Missouri, Montana, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Wisconsin, Wyoming (30 states)
Note: Federal law (FLSA) does not require meal or rest breaks. Short breaks (5-20 min) must be paid if employer provides them. Meal breaks (30+ min) need not be paid if employee completely relieved of duties.
State Resources - Labor Department Contact Information
According to state government directories, the following are official labor department contacts for each state:
| State | Labor Department Name | Website | Phone |
|---|---|---|---|
| Alabama | Alabama Department of Labor | labor.alabama.gov | 334-242-3460 |
| Alaska | Alaska Department of Labor and Workforce Development | labor.alaska.gov | 907-465-2700 |
| Arizona | Arizona Industrial Commission | azica.gov | 602-542-4661 |
| Arkansas | Arkansas Division of Labor | labor.arkansas.gov | 501-682-4500 |
| California | California Division of Labor Standards Enforcement | dir.ca.gov/dlse | 844-522-6734 |
| Colorado | Colorado Division of Labor Standards and Statistics | cdle.colorado.gov/dlss | 303-318-8441 |
| Connecticut | Connecticut Department of Labor | ct.gov/dol | 860-263-6000 |
| Delaware | Delaware Department of Labor | labor.delaware.gov | 302-761-8000 |
| District of Columbia | DC Dept of Employment Services | does.dc.gov | 202-724-7000 |
| Florida | Florida Department of Commerce | floridajobs.org | 850-245-7105 |
| Georgia | Georgia Department of Labor | dol.georgia.gov | 404-232-7300 |
| Hawaii | Hawaii Department of Labor and Industrial Relations | labor.hawaii.gov | 808-586-8842 |
| Idaho | Idaho Department of Labor | labor.idaho.gov | 208-332-3570 |
| Illinois | Illinois Department of Labor | illinois.gov/idol | 312-793-2800 |
| Indiana | Indiana Department of Labor | in.gov/dol | 317-232-2655 |
| Iowa | Iowa Division of Labor | iowadivisionoflabor.gov | 515-725-5600 |
| Kansas | Kansas Department of Labor | dol.ks.gov | 785-296-5000 |
| Kentucky | Kentucky Labor Cabinet | labor.ky.gov | 502-564-3070 |
| Louisiana | Louisiana Workforce Commission | laworks.net | 225-342-3111 |
| Maine | Maine Department of Labor | maine.gov/labor | 207-623-7900 |
| Maryland | Maryland Department of Labor | labor.maryland.gov | 410-767-2241 |
| Massachusetts | Massachusetts Executive Office of Labor | mass.gov/orgs/executive-office-of-labor | 617-626-7100 |
| Michigan | Michigan Department of Labor and Economic Opportunity | michigan.gov/leo | 517-335-0400 |
| Minnesota | Minnesota Department of Labor and Industry | dli.mn.gov | 651-284-5005 |
| Mississippi | Mississippi Department of Employment Security | mdes.ms.gov | 601-321-6000 |
| Missouri | Missouri Department of Labor | labor.mo.gov | 573-751-9691 |
| Montana | Montana Department of Labor and Industry | dli.mt.gov | 406-444-2840 |
| Nebraska | Nebraska Department of Labor | dol.nebraska.gov | 402-471-2239 |
| Nevada | Nevada Office of the Labor Commissioner | labor.nv.gov | 702-486-2650 |
| New Hampshire | New Hampshire Department of Labor | nh.gov/labor | 603-271-3176 |
| New Jersey | New Jersey Department of Labor and Workforce Development | nj.gov/labor | 609-659-9045 |
| New Mexico | New Mexico Department of Workforce Solutions | dws.state.nm.us | 505-841-8405 |
| New York | New York Department of Labor | dol.ny.gov | 518-457-9000 |
| North Carolina | North Carolina Department of Labor | labor.nc.gov | 919-707-2796 |
| North Dakota | North Dakota Department of Labor | nd.gov/labor | 701-328-2660 |
| Ohio | Ohio Department of Commerce, Division of Labor | com.ohio.gov/divisions/labor | 614-644-2239 |
| Oklahoma | Oklahoma Department of Labor | ok.gov/odol | 405-521-6100 |
| Oregon | Oregon Bureau of Labor and Industries | oregon.gov/boli | 971-673-0761 |
| Pennsylvania | Pennsylvania Department of Labor and Industry | dli.pa.gov | 717-787-5279 |
| Rhode Island | Rhode Island Department of Labor and Training | dlt.ri.gov | 401-462-8000 |
| South Carolina | South Carolina Department of Labor | llr.sc.gov/labor | 803-896-4300 |
| South Dakota | South Dakota Department of Labor and Regulation | dlr.sd.gov | 605-773-3101 |
| Tennessee | Tennessee Department of Labor and Workforce Development | tn.gov/workforce | 844-224-5818 |
| Texas | Texas Workforce Commission | twc.texas.gov | 512-463-2222 |
| Utah | Utah Labor Commission | laborcommission.utah.gov | 801-530-6800 |
| Vermont | Vermont Department of Labor | labor.vermont.gov | 802-828-4000 |
| Virginia | Virginia Department of Labor and Industry | doli.virginia.gov | 804-371-2327 |
| Washington | Washington Department of Labor and Industries | lni.wa.gov | 360-902-5800 |
| West Virginia | West Virginia Division of Labor | labor.wv.gov | 304-558-7890 |
| Wisconsin | Wisconsin Department of Workforce Development | dwd.wisconsin.gov | 608-266-3131 |
| Wyoming | Wyoming Department of Workforce Services | dws.wyo.gov | 307-235-3254 |
Sources: State government official websites
Artificial Intelligence in the Workplace - State Regulations
A. Illinois AI Employment Discrimination Law (Effective January 1, 2026)
According to amendments to the Illinois Human Rights Act (HB 3773), signed into law August 9, 2024:
Effective Date: January 1, 2026
Prohibited Practices:
Employers in Illinois cannot:
- Use artificial intelligence that has the effect of subjecting employees to discrimination based on protected classes
- Use zip codes as proxies for protected classes
- Fail to notify employees when AI is used in employment decisions
Definition of Artificial Intelligence:
According to the Illinois law:
“Artificial intelligence” means “a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.”
This definition includes generative artificial intelligence.
Covered Employment Decisions:
According to the Illinois Human Rights Act amendments:
- Recruitment
- Hiring
- Promotion
- Renewal of employment
- Selection for training or apprenticeship
- Discharge
- Discipline
- Tenure
- Terms, privileges, or conditions of employment
Notice Requirements:
Employers must notify employees that AI is being used for employment-related decisions. According to the law, the Illinois Department of Human Rights will adopt rules establishing:
- Circumstances and conditions requiring notice
- Time period for providing notice
- Means for providing notice
Enforcement:
According to Illinois law:
- Illinois Department of Human Rights investigates complaints
- Illinois Human Rights Commission adjudicates complaints
- Remedies include back pay, reinstatement, emotional distress damages, attorney’s fees
Employer Size:
According to the Illinois Human Rights Act:
Coverage applies to employers with:
- One or more employees within Illinois during 20 or more calendar weeks within the calendar year of or preceding the alleged violation, OR
- One or more employees when discrimination based on physical/mental disability, pregnancy, or sexual harassment is alleged
Sources:
B. Colorado Artificial Intelligence Act (Effective June 30, 2026)
According to Colorado Senate Bill 24-205, signed into law May 17, 2024, with implementation delayed to June 30, 2026:
Effective Date: June 30, 2026 (delayed from February 1, 2026 via SB 25B-004 signed August 28, 2025)
Purpose:
According to the Colorado Artificial Intelligence Act:
Prevent algorithmic discrimination by regulating “high-risk” AI systems used to make “consequential decisions” affecting Colorado residents.
Key Definitions:
Artificial Intelligence System: “Any machine-based system that infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.”
High-Risk AI System: Any AI system that makes or is a substantial factor in making a consequential decision.
Consequential Decision: A decision that has a material legal or similarly significant effect on:
- Education opportunities
- Employment opportunities
- Financial/lending services
- Government services
- Healthcare services
- Housing opportunities
- Insurance services
- Legal services
Algorithmic Discrimination:
According to the Colorado law:
“Any condition in which the use of an AI system results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived:
- Age
- Color
- Disability
- Ethnicity
- Genetic information
- Limited proficiency in English language
- National origin
- Race
- Religion
- Reproductive health
- Sex
- Veteran status
- Other classification protected under Colorado or federal law”
Developers vs. Deployers:
According to Colorado regulations:
Developer: Person doing business in Colorado that develops or intentionally and substantially modifies an AI system.
Deployer: Person doing business in Colorado that uses a high-risk AI system.
Most employers using AI hiring tools will be classified as “deployers.”
Deployer Requirements (Employers):
According to the Colorado AI Act, deployers must:
- Implement Risk Management Policy:
- Use reasonable care to protect consumers from known or reasonably foreseeable risks of algorithmic discrimination
- Comply with NIST AI Risk Management Framework or other nationally/internationally recognized framework
- Conduct Impact Assessments:
- Before using high-risk AI system
- Annually thereafter
- Within 90 days of intentional and substantial modification
- Assessment must evaluate:
- Purpose and intended use
- Categories of consumers and number affected
- Known or reasonably foreseeable benefits and risks
- Data governance measures
- Post-deployment monitoring procedures
- Transparency measures
- Provide Notices:
- Clear and conspicuous statement on website describing types of high-risk AI systems used
- How to access impact assessment summary
- How to opt out of profiling (if applicable)
- Contact information for questions
- Individual Notifications:
- Inform consumers when high-risk AI used in consequential decision
- Provide statement of purpose
- Contact information for questions
- Reporting:
- Report to Colorado Attorney General discovery of algorithmic discrimination within 90 days
Small Employer Exemption:
According to Colorado law:
Exemption for employers with:
- Fewer than 50 employees, AND
- Do not use their own data to train or further improve AI systems
Enforcement:
According to the Colorado AI Act:
- Colorado Attorney General has exclusive enforcement authority
- Violations constitute deceptive trade practice
- No private right of action (though ambiguity exists regarding private enforcement under Consumer Protection Act)
Affirmative Defense:
According to Colorado law:
Deployers have affirmative defense if they:
- Discover and cure violation
- Maintain compliance with recognized AI risk management framework
Sources:
- Colorado Senate Bill 24-205
- Colorado Senate Bill 25B-004 (delay legislation)
C. Other State AI Employment Regulations – 2026
California – Employment Discrimination Regulations:
According to California Civil Rights Council regulations (effective October 1, 2025):
- Employers’ use of automated decision-making systems in employment subject to anti-discrimination laws
- Bias testing (or lack thereof) explicitly relevant to employment discrimination claims
- Extended recordkeeping requirements for automated decision system data
California Privacy Protection Agency – Automated Decision-Making:
According to CPPA regulations:
- Opt-out rights required when automated technologies replace human decision-making for employment decisions
- Enhanced disclosures required
New York City – Automated Employment Decision Tools:
According to NYC Local Law 144 (effective since July 5, 2023):
- Annual bias audit required for automated employment decision tools
- Notice to candidates/employees that tool is used
- Alternative selection process available upon request
- Audit results publicly available
Texas – AI Regulation Approach:
According to Texas legislative activity:
- More permissive approach to AI regulation compared to California and Illinois
- Focus on transparency over prohibition
Gig Worker and Independent Contractor Protections - 2026
A. Federal Developments
Department of Labor – Employee vs. Independent Contractor Rule:
According to the U.S. Department of Labor Final Rule (2024):
The DOL uses “economic reality test” with six factors:
- Opportunity for profit or loss
- Investments by worker and employer
- Degree of permanence of work relationship
- Nature and degree of control
- Extent work performed integral to employer’s business
- Skill and initiative
No single factor is dispositive; totality of circumstances determines classification.
B. State Gig Worker Protections – 2026
California – Transportation Network Company Drivers:
According to California Assembly Bill 1340 (Transportation Network Company Drivers Labor Relations Act):
- Encourages and protects right of TNC drivers to organize
- Negotiate compensation and working conditions
- Collective bargaining framework for app-based drivers
California – Construction Trucking Employer Amnesty:
According to California law effective January 1, 2026:
- Settlement program for construction contractors to reclassify drivers as employees
- Amnesty from liability for past misclassification if settle before January 1, 2029
- Must compensate workers for lost wages
Transparency Requirements – Multiple States:
According to state labor department sources, gig economy platforms must provide:
- Clear pay structures
- Transparent earnings calculations
- Access to earnings history
- Breakdown of fees and deductions
Limited Insurance Coverage:
Several states require platforms to provide:
- Workers’ compensation or occupational accident coverage
- Commercial liability insurance
- Coverage while engaged in platform work
Immigrant Worker Protections:
Enhanced protections for immigrant gig workers:
- Protection from unfair labor practices
- Right to file complaints without immigration status inquiries
- Access to wage theft remedies
Remote Work Employee Rights - 2026
A. Emerging Remote Work Protections
Home Office Expense Reimbursement:
According to state labor laws:
- Labor Code Section 2802 requires employers reimburse employees for necessary business expenses
- Applies to remote work expenses (internet, phone, equipment)
- Reimbursement required for expenses incurred in “direct consequence of discharge of duties”
- May include home office expenses
Massachusetts, New York, Pennsylvania:
- General expense reimbursement statutes may cover remote work expenses
- Case-by-case determinations
Right to Disconnect:
According to legislative proposals:
Several states considering “right to disconnect” legislation:
- Prohibits employers from requiring employees respond to communications outside working hours
- Exceptions for emergencies
- Similar to laws in France, Spain, Italy
Multi-State Tax Compliance:
According to state tax authorities:
- Remote workers may create tax obligations in multiple states
- Employers responsible for withholding in employee’s work location
- “Convenience of employer” rules (NY, CT, DE, NE, PA, AR)
Workers’ Compensation – Remote Work:
According to state workers’ compensation laws:
- Injuries during remote work hours in home office generally covered
- Determination whether injury “arising out of and in course of employment”
- Burden of proof on employee
B. Remote Work Discrimination Protections
According to EEOC guidance:
Employers cannot:
- Discriminate based on remote work status if creates disparate impact on protected class
- Deny reasonable accommodations for remote work (disability, religious)
- Treat remote workers less favorably regarding promotions, raises, opportunities
Cryptocurrency and Digital Asset Compensation
A. Wage Payment in Cryptocurrency
Federal Position:
According to the Fair Labor Standards Act:
Wages must be paid in “cash or negotiable instrument payable at par.”
The Department of Labor has not issued specific guidance on cryptocurrency payments.
State Requirements:
According to state wage payment laws:
Most states require wages paid in:
- U.S. currency
- Check
- Direct deposit (with employee consent)
New York – Cryptocurrency Wage Payments:
According to New York Labor Law Section 192:
- Employers may not pay wages in cryptocurrency unless:
- Employee provides written consent
- Cryptocurrency immediately converted to U.S. dollars
- Employee receives guaranteed dollar amount
- No fees or conversion costs borne by employee
Payroll Card Regulations:
If cryptocurrency treated as payroll card:
- Must allow at least one free withdrawal per pay period
- No fees for balance inquiry
- Immediate access to wages
- Same protections as other wage payment methods
B. Stock Options and Equity Compensation
Securities Considerations:
According to Securities and Exchange Commission:
- Cryptocurrency may constitute security
- Stock option plans with cryptocurrency subject to securities laws
- Registration or exemption required
Tax Implications:
According to Internal Revenue Service:
- Cryptocurrency treated as property for tax purposes
- Wages paid in cryptocurrency subject to employment taxes
- Fair market value at receipt determines wage amount
- Subsequent appreciation/depreciation creates capital gain/loss
Climate Change and Workplace Safety
A. Heat Illness Prevention
Federal OSHA Heat Standard:
According to OSHA:
As of December 2025, OSHA has not finalized federal heat illness prevention standard. Rulemaking in progress.
State Heat Illness Prevention Standards:
California – Heat Illness Prevention (Cal/OSHA):
According to California Code of Regulations Title 8, Section 3395:
Requirements when temperature equals or exceeds:
- 80°F: Access to shade, water, training
- 95°F: Enhanced protections (high heat procedures)
Employer Duties:
- Provide drinking water (at least 1 quart per hour per employee)
- Access to shade when temperature exceeds 80°F
- High heat procedures when temperature equals/exceeds 95°F
- Acclimatization procedures
- Emergency response procedures
Washington – Outdoor Heat Exposure Rule:
According to Washington Department of Labor & Industries WAC 296-62-095:
Applies when temperature equals or exceeds:
- 80°F: Access to shade, water
- 90°F (or 77°F with heavy physical activity): Additional meal/rest breaks
Oregon – Heat Illness Prevention Rule:
According to Oregon OSHA OAR 437-002-0156:
Requirements when heat index equals or exceeds:
- 80°F: Drinking water, shade, training
- 90°F: Enhanced protections
Other States with Heat Standards:
- Minnesota (indoor heat standard)
- Colorado (agriculture)
- Nevada (proposed)
B. Wildfire Smoke Protection
California – Protection from Wildfire Smoke:
According to California Code of Regulations Title 8, Section 5141.1:
When Air Quality Index (AQI) for PM2.5 is 151 or greater:
- Provide respirators (N95 or better)
- Make available for voluntary use at no cost
- When AQI 500+, provide respirators for mandatory use
Washington – Wildfire Smoke Rule:
According to Washington L&I:
When AQI for PM2.5 reaches certain thresholds:
- 69+: Inform employees of hazards
- 101+: Provide respirators for voluntary use
- 251-500: Mandatory controls (filtration, respirators, or exposure reduction)
- 501+: Cease outdoor work unless emergency
Oregon – Wildfire Smoke Rule:
According to Oregon OSHA:
When AQI for PM2.5:
- 101+: Employee notification, voluntary respirator use
- 501+: Mandatory workplace controls
C. Cold Stress and Winter Weather
Minnesota – Indoor Temperature Requirements:
According to Minnesota Rules 5205.0110:
Minimum temperature requirements for indoor workplaces:
- Sedentary work: 65°F minimum
- Light work: 60°F minimum
- Heavy work: 55°F minimum
OSHA Cold Stress Guidance:
According to OSHA:
No specific federal cold stress standard, but General Duty Clause applies.
Employers must:
- Monitor weather conditions
- Provide training on cold stress symptoms
- Encourage warm break areas
- Allow frequent breaks in warm locations
- Provide protective clothing if exposure to cold temperatures
Artificial Intelligence - Employee Monitoring and Surveillance
A. Electronic Monitoring Laws
Connecticut:
According to Connecticut General Statutes Section 31-48d:
Employers must provide notice to employees of:
- Types of electronic monitoring
- Prior written notice required
- Posted notice acceptable
Delaware:
According to Delaware Code Title 19, Section 705:
Written or electronic notice required before monitoring:
- Telephone conversations
- Transmissions
- Electronic mail
- Internet usage
New York:
According to New York Labor Law Section 203-c:
Employers must provide notice upon hire and acknowledge annually:
- Electronic monitoring of telephone, email, internet
- Notice must be in writing
B. Biometric Information Privacy
Illinois – Biometric Information Privacy Act (BIPA):
According to Illinois Biometric Information Privacy Act:
Before collecting biometric information (fingerprints, facial recognition, iris scans):
- Inform in writing of collection, storage, use
- Inform of retention schedule
- Obtain written release
- Publish retention and destruction guidelines
Private right of action:
- Damages: $1,000 per negligent violation; $5,000 per intentional/reckless violation
- Attorneys’ fees and costs
Other State Biometric Laws:
- Texas – Capture or Use of Biometric Identifier Act
- Washington – Biometric privacy protections
- California – CCPA biometric information protections
- Arkansas, Montana, New York (proposed)
C. Keylogging and Screenshot Monitoring
Federal Law:
According to federal statutes:
No federal law specifically prohibits employer keylogging or screenshots of company equipment.
Electronic Communications Privacy Act (ECPA) allows monitoring of company systems for business purposes.
State Laws:
Most states allow monitoring with notice and business purpose.
Best Practices:
- Provide clear notice to employees
- Limit monitoring to business purposes
- Avoid monitoring personal devices
- Respect privacy in sensitive areas (medical info, union communications)
Pregnant Workers Fairness Act - Implementation 2023-2026
According to the Pregnant Workers Fairness Act, effective June 27, 2023:
Coverage:
- Employers with 15+ employees
Requirements:
Employers must provide reasonable accommodations for known limitations related to:
- Pregnancy
- Childbirth
- Related medical conditions
Unless accommodation causes undue hardship.
EEOC Final Regulations:
According to EEOC regulations (effective June 18, 2024):
Reasonable Accommodations Include:
- Ability to sit or drink water
- Receive closer parking
- Flexible hours
- Appropriately sized uniforms and safety apparel
- Additional break time to use the bathroom, eat, and rest
- Leave or time off to recover from childbirth
- Light duty or help with manual labor
- Temporary suspension of essential functions
Related Medical Conditions:
According to EEOC guidance, includes:
- Miscarriage
- Stillbirth
- Lactation
- Use of birth control
- Menstruation
- Infertility and fertility treatments
- Endometriosis
- Pregnancy loss
- Cesarean or surgical recovery
- Postpartum depression
Interaction with ADA and Title VII:
PWFA provides additional protections beyond ADA and Title VII:
- Temporary suspension of essential functions may be reasonable accommodation under PWFA (not required under ADA)
- Lactation covered under PWFA (Title VII coverage less clear)
A. Social Media Privacy Laws
According to state laws, the following states prohibit employers from requesting social media passwords:
States with Social Media Privacy Laws (30+ states):
Arkansas, California, Colorado, Connecticut, Delaware, Illinois, Indiana, Louisiana, Maine, Maryland, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin
Typical Prohibitions:
- Cannot require employee/applicant provide password/access to personal social media
- Cannot require employee “friend” or connect with employer’s account
- Cannot require employee change privacy settings
- Cannot retaliate for refusing to provide access
Exceptions:
- Investigation of employee misconduct
- Compliance with legal requirements
- Account provided by employer for business purposes
B. Lawful Off-Duty Conduct Laws
According to state statutes:
States Protecting Lawful Off-Duty Conduct:
Colorado:
- Cannot terminate for lawful activity off premises during non-working hours
New York:
- Cannot discriminate for legal recreational activities, political activities, legal use of consumable products off-duty/off-premises
California:
- Cannot control employee’s political activities/affiliations
- Cannot discriminate for lawful conduct off-premises during non-working hours
North Dakota:
- Cannot discriminate for participation in lawful activity off employer’s premises during non-working hours
Similar Protections: Connecticut, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, South Carolina, Tennessee, West Virginia, Wisconsin
Marijuana Use:
Despite state legalization, according to court decisions:
Most states do not require employers accommodate off-duty marijuana use. Exceptions:
- California: Some protections for medicinal marijuana users (disability accommodation)
- Nevada: Cannot refuse to hire based solely on positive marijuana test (with exceptions)
- New York City: Cannot test for THC pre-employment (with exceptions)
- New Jersey, Montana: Employment protections for medical marijuana cardholders
Filing Employment Discrimination Complaints with the EEOC
A. Overview of EEOC Complaint Process
According to the U.S. Equal Employment Opportunity Commission, employees must file a charge of discrimination before filing a lawsuit in most cases.
Types of Discrimination Covered:
- Race, color, religion, sex, national origin (Title VII)
- Age (40 or older) (ADEA)
- Disability (ADA)
- Genetic information (GINA)
- Equal pay violations (Equal Pay Act)
- Pregnancy discrimination (Pregnancy Discrimination Act)
- Retaliation
Who Can File:
- Current employees
- Former employees
- Job applicants
B. Filing Deadlines – CRITICAL
According to EEOC regulations:
| Situation | Filing Deadline |
|---|---|
| State without Fair Employment Practices Agency (FEPA) | 180 days from discriminatory act |
| State with FEPA (most states) | 300 days from discriminatory act |
| Federal employees | 45 days to contact EEO Counselor |
Missing the deadline may permanently bar your claim.
C. How to File an EEOC Charge – Step-by-Step
According to the EEOC:
Step 1: Gather Information
Before filing, collect:
- Your contact information
- Employer’s name, address, phone number
- Number of employees (approximate)
- Dates of discrimination
- Description of discriminatory acts
- Names of witnesses
- Any documentation (emails, performance reviews, disciplinary notices)
Step 2: Contact EEOC
According to EEOC procedures, you can initiate a charge by:
Online:
- Visit EEOC Public Portal
- Create account
- Submit inquiry or charge online
By Phone:
- Call 1-800-669-4000 (Voice)
- Call 1-800-669-6820 (TTY)
- Monday-Friday, 8am-8pm ET
In Person:
- Visit nearest EEOC office
- Find office: eeoc.gov/field-office
- Appointment recommended but not required
Step 3: Initial Interview/Intake
According to EEOC:
- EEOC representative will interview you
- Determine if EEOC has jurisdiction
- Explain process and your rights
- May be conducted by phone or in person
Step 4: File Formal Charge
If EEOC determines it has jurisdiction:
- Complete charge form
- Sign under oath
- Submit supporting documents
- Receive charge number
Step 5: EEOC Serves Employer
Within 10 days:
- EEOC notifies employer of charge
- Employer has opportunity to respond
Step 6: Investigation
According to EEOC procedures:
- EEOC investigates charge
- May request documents from employer
- May interview witnesses
- Investigation typically takes 6-10 months
Step 7: Mediation Option
EEOC may offer mediation:
- Voluntary process
- Free mediation services
- Typically completed in 1-3 months
- Settlement agreement enforceable
Step 8: EEOC Determination
EEOC will issue one of the following:
Cause Finding:
- Reasonable cause to believe discrimination occurred
- EEOC attempts conciliation with employer
- If conciliation fails, EEOC may file lawsuit OR issue Right to Sue letter
No Cause Finding:
- No reasonable cause found
- Charging party receives Right to Sue letter
- May still file private lawsuit
Dismissal and Notice of Rights:
- EEOC cannot complete investigation
- Issues Right to Sue letter
- May file private lawsuit
Step 9: Right to Sue Letter
According to EEOC:
- Allows you to file lawsuit in federal court
- Must file lawsuit within 90 days of receiving Right to Sue letter
- Deadline is strictly enforced
D. What Happens After Filing
According to EEOC:
During Investigation:
- Cooperate with EEOC investigator
- Provide requested information promptly
- Do not destroy evidence
- Keep copies of all documents
Retaliation Protection:
- Employer cannot retaliate for filing charge
- Report any retaliation to EEOC immediately
- Retaliation may be separate violation
Continuing to Work:
- You may continue working while charge pending
- Employer may not treat you differently for filing charge
E. EEOC Office Locations
According to EEOC, field offices are located in major cities nationwide. Contact information available at: eeoc.gov/field-office
EEOC District Offices (Select Locations):
- Atlanta, GA: 404-562-6800
- Baltimore, MD: 410-962-3932
- Birmingham, AL: 205-212-2100
- Boston, MA: 617-565-3200
- Charlotte, NC: 704-344-6682
- Chicago, IL: 312-626-6200
- Cleveland, OH: 216-522-2001
- Dallas, TX: 214-253-2700
- Denver, CO: 303-866-1300
- Detroit, MI: 313-226-7636
- Houston, TX: 713-209-3320
- Indianapolis, IN: 317-226-7212
- Los Angeles, CA: 213-785-3032
- Memphis, TN: 901-544-0115
- Miami, FL: 305-808-1765
- Milwaukee, WI: 414-297-1111
- New York, NY: 212-336-3620
- Philadelphia, PA: 215-440-2600
- Phoenix, AZ: 602-640-5000
- San Antonio, TX: 210-281-7600
- San Francisco, CA: 415-625-5600
- Seattle, WA: 206-220-6883
- St. Louis, MO: 314-539-7800
- Washington, DC (Field Office): 202-419-0700
Filing Wage and Hour Complaints with the Department of Labor
A. Overview of DOL Wage and Hour Complaints
According to the U.S. Department of Labor Wage and Hour Division, WHD enforces federal wage and hour laws including:
- Fair Labor Standards Act (FLSA) – minimum wage, overtime
- Family and Medical Leave Act (FMLA)
- Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
- Davis-Bacon Act
- McNamara-O’Hara Service Contract Act
- Walsh-Healey Public Contracts Act
- Employee Polygraph Protection Act
B. Filing Deadlines – Wage Claims
According to the FLSA:
| Violation Type | Statute of Limitations |
|---|---|
| Non-willful FLSA violations | 2 years from violation |
| Willful FLSA violations | 3 years from violation |
| FMLA violations | 2 years from violation (3 years if willful) |
Note: State wage claim deadlines may differ and may be more protective.
C. How to File DOL Wage Complaint – Step-by-Step
According to WHD:
Step 1: Gather Information
Collect:
- Pay stubs
- Time records (if you kept them)
- Work schedules
- Employer’s name, address, phone
- Your job duties
- Dates of employment
- Rate of pay
- Hours worked per week
- Any written agreements or contracts
Step 2: Contact WHD
Online:
- File complaint: https://www.dol.gov/agencies/whd/contact/complaints
By Phone:
- Call 1-866-487-9243 (1-866-4-USWAGE)
- TTY: 1-877-889-5627
- Monday-Friday, 8am-5pm local time
In Person:
- Visit local WHD office
- Find office: dol.gov/agencies/whd/contact/local-offices
By Mail:
- Write to local WHD office
- Include all relevant information
Step 3: Provide Information to WHD
WHD needs:
- Your contact information
- Employer’s information
- Type of work performed
- Rate of pay and how paid (hourly, salary, piece rate)
- Hours worked per day/week
- Specific violation (unpaid overtime, minimum wage, etc.)
- Dates of violation
- Any supporting documentation
Step 4: WHD Investigation
According to WHD procedures:
- WHD reviews complaint
- Determines if investigation warranted
- May contact employer
- May request employer records
- Interviews employees
- Investigation typically confidential
Step 5: WHD Findings
If violations found:
- WHD computes back wages owed
- WHD seeks voluntary compliance
- Employer may pay back wages without litigation
If employer refuses:
- WHD may file lawsuit
- WHD may assess civil monetary penalties
- Employee retains right to file private lawsuit (in some cases)
Step 6: Back Wage Payment
According to WHD:
- Employer pays back wages directly to employees
- Or employer pays WHD, which distributes to employees
- Employees sign agreement accepting payment
D. Filing State Wage Claims
According to state labor departments:
Most states have separate wage claim processes:
- Often faster than federal process
- May have different filing deadlines
- May provide additional remedies (penalties, interest, attorney fees)
- Some states require state claim before federal
State Wage Claim Contact Information:
Contact your state labor department (see Section VII below for complete directory).
E. Private Wage and Hour Lawsuits
According to FLSA:
- Employees may file private lawsuit for wage violations
- Must file within statute of limitations (2-3 years)
- May recover back wages, liquidated damages (equal to back wages), attorney fees
- Class action lawsuits permitted
Filing Workplace Safety Complaints with OSHA
A. Overview of OSHA Complaints
According to OSHA, workers have the right to file confidential complaint about unsafe or unhealthful working conditions.
Types of Complaints:
- Workplace hazards
- Unsafe conditions
- Violations of OSHA standards
- Imminent danger situations
- Retaliation for safety complaints (whistleblower)
B. How to File OSHA Complaint – Step-by-Step
According to OSHA:
Step 1: Identify Hazard
Document:
- Specific hazard or violation
- Location of hazard
- When you first noticed it
- Whether reported to employer
- Number of employees affected
Step 2: Report to Employer First (Recommended)
- Report hazard to supervisor or safety officer
- Many workplaces have internal reporting systems
- Document your report
- If employer does not correct, proceed to OSHA
Step 3: File OSHA Complaint
Online (Recommended for Non-Emergencies):
- Visit osha.gov/workers/file-complaint
- Complete online form
- Provide detailed description
- Attach photos if available
By Phone (For Emergencies):
- Call 1-800-321-OSHA (6742)
- TTY: 1-877-889-5627
- Report imminent danger immediately
In Person:
- Visit local OSHA area office
- Find office: osha.gov/contactus/bystate
By Fax/Mail:
- Download complaint form
- Complete and sign
- Fax or mail to local OSHA office
Step 4: Provide Information
OSHA needs:
- Your contact information (optional – can file anonymously)
- Employer’s name, address, phone
- Worksite address (if different)
- Detailed description of hazard
- Location of hazard
- Number of employees exposed
- Whether employer knows of hazard
Step 5: OSHA Review
According to OSHA:
- OSHA reviews all complaints
- Determines priority (imminent danger = highest)
- May conduct phone/fax investigation for lower priority
- May conduct on-site inspection
Step 6: OSHA Inspection (If Conducted)
OSHA Compliance Officer:
- Arrives unannounced
- Presents credentials
- Explains purpose
- Requests employee representative for walk-around
- Inspects workplace
- Reviews records
- Interviews employees privately
Employee Rights During Inspection:
- Right to accompany inspector
- Right to speak privately with inspector
- Right to identify hazards
- Protection from retaliation
Step 7: OSHA Findings
If violations found:
- Citations issued to employer
- Deadlines to correct violations
- Penalties assessed (if applicable)
Step 8: Follow-Up
- OSHA may conduct follow-up inspection
- Verify hazards corrected
- Additional penalties if not corrected
C. Retaliation Protection – Section 11(c)
According to OSHA Section 11(c):
Employers cannot retaliate for:
- Filing safety complaint
- Participating in OSHA inspection
- Reporting injury/illness
- Raising safety concerns
If You Experience Retaliation:
- File complaint with OSHA within 30 days
- Call 1-800-321-OSHA
- OSHA investigates retaliation complaints
- Remedies: reinstatement, back pay, restoration of benefits
D. OSHA Area Office Locations (Select)
According to OSHA, area offices located nationwide:
Sample Locations:
- Atlanta, GA: 404-562-2300
- Boston, MA: 617-565-9860
- Chicago, IL: 312-353-2220
- Dallas, TX: 214-320-2400
- Denver, CO: 303-844-1600
- Los Angeles, CA: 213-252-4562
- New York, NY: 212-337-2378
- Philadelphia, PA: 215-597-4955
- San Francisco, CA: 415-625-2547
- Seattle, WA: 206-553-5930
Complete list: osha.gov/contactus/bystate
Statute of Limitations - Comprehensive Reference
A. Federal Employment Law Claims
| Law / Claim Type | Statute of Limitations | Filing Location | Notes |
|---|---|---|---|
| Title VII (EEOC) | 180 days (300 days in deferral states) | EEOC | Must file charge before lawsuit |
| ADEA (Age) | 180 days (300 days in deferral states) | EEOC | Must file charge before lawsuit |
| ADA (Disability) | 180 days (300 days in deferral states) | EEOC | Must file charge before lawsuit |
| GINA (Genetic) | 180 days (300 days in deferral states) | EEOC | Must file charge before lawsuit |
| Equal Pay Act | 2 years (3 years if willful) | EEOC or Federal Court | May file lawsuit without EEOC charge |
| FLSA (Wage/Hour) | 2 years (3 years if willful) | DOL or Federal Court | - |
| FMLA | 2 years (3 years if willful) | DOL or Federal Court | - |
| OSHA Section 11(c) Retaliation | 30 days | OSHA | Strictly enforced |
| Sarbanes-Oxley Whistleblower | 180 days | OSHA | - |
| NLRA (Unfair Labor Practice) | 6 months | NLRB | - |
| USERRA (Military) | No statute of limitations | VETS / DOL | Timely return to work required |
B. State Employment Law Claims – Varies by State
According to state laws, statutes of limitations vary significantly:
Wrongful Termination:
- Typically: 1-3 years
- California: 2 years
- New York: 3 years
- Texas: 2 years
Breach of Contract:
- Typically: 3-6 years
- Varies significantly by state
State Wage Claims:
- Typically: 2-6 years
- Check state labor department
State Discrimination Claims:
- Typically: 1-3 years after EEOC process
- Varies by state
Workers’ Compensation:
- Report injury: Immediately to promptly
- File claim: 30 days to 2 years (varies by state)
Worker Advocacy Organizations
National:
A Better Balance:
- Focus: Work-family balance, paid leave, pregnancy discrimination
- Website: abetterbalance.org
- Phone: 212-430-5982
National Employment Lawyers Association (NELA):
- Focus: Employee rights attorneys
- Website: nela.org
- Find attorney: exchange.nela.org/findalawyer
Workplace Fairness:
- Focus: Employee rights information
- Website: workplacefairness.org
National Women’s Law Center:
- Focus: Women’s workplace rights
- Website: nwlc.org
- Phone: 202-588-5180
AARP Foundation:
- Focus: Age discrimination
- Website: aarp.org/aarp-foundation
- Phone: 888-687-2277
State Labor Department Directory - Complete Listing
| State | Department Name | Website | Phone | Wage Complaints | Discrimination |
|---|---|---|---|---|---|
| Alabama | AL Dept of Labor | labor.alabama.gov | 334-242-3460 | Yes | No state agency |
| Alaska | AK Dept of Labor | labor.alaska.gov | 907-465-2700 | Yes | 907-274-4692 |
| Arizona | AZ Industrial Commission | azica.gov | 602-542-4661 | Yes | 602-542-5263 |
| Arkansas | AR Div of Labor | labor.arkansas.gov | 501-682-4500 | Yes | No state agency |
| California | CA DLSE | dir.ca.gov/dlse | 844-522-6734 | Yes | 800-884-1684 |
| Colorado | CO Div Labor | cdle.colorado.gov | 303-318-8441 | Yes | 303-894-2997 |
| Connecticut | CT Dept of Labor | ct.gov/dol | 860-263-6000 | Yes | 860-541-3400 |
| Delaware | DE Dept of Labor | labor.delaware.gov | 302-761-8000 | Yes | 302-451-5801 |
| District of Columbia | DC DOES | does.dc.gov | 202-724-7000 | Yes | 202-727-4559 |
| Florida | FL Dept of Commerce | floridajobs.org | 850-245-7105 | Limited | 850-487-1430 |
| Georgia | GA Dept of Labor | dol.georgia.gov | 404-232-7300 | Limited | No state agency |
| Hawaii | HI Dept of Labor | labor.hawaii.gov | 808-586-8842 | Yes | 808-586-8636 |
| Idaho | ID Dept of Labor | labor.idaho.gov | 208-332-3570 | Yes | 208-334-2873 |
| Illinois | IL Dept of Labor | illinois.gov/idol | 312-793-2800 | Yes | 312-814-6200 |
| Indiana | IN Dept of Labor | in.gov/dol | 317-232-2655 | Yes | 317-232-2600 |
| Iowa | IA Div of Labor | iowadivisionoflabor.gov | 515-725-5600 | Yes | 515-281-4121 |
| Kansas | KS Dept of Labor | dol.ks.gov | 785-296-5000 | Yes | 785-296-3206 |
| Kentucky | KY Labor Cabinet | labor.ky.gov | 502-564-3070 | Yes | 502-595-4024 |
| Louisiana | LA Workforce Comm | laworks.net | 225-342-3111 | Yes | No state agency |
| Maine | ME Dept of Labor | maine.gov/labor | 207-623-7900 | Yes | 207-624-6290 |
| Maryland | MD Dept of Labor | labor.maryland.gov | 410-767-2241 | Yes | 410-767-8600 |
| Massachusetts | MA Exec Office Labor | mass.gov/labor | 617-626-7100 | Yes | 617-994-6000 |
| Michigan | MI Dept LEO | michigan.gov/leo | 517-335-0400 | Yes | 517-335-3165 |
| Minnesota | MN Dept Labor | dli.mn.gov | 651-284-5005 | Yes | 651-539-1100 |
| Mississippi | MS Dept Employment | mdes.ms.gov | 601-321-6000 | Limited | No state agency |
| Missouri | MO Dept of Labor | labor.mo.gov | 573-751-9691 | Yes | 573-751-3325 |
| Montana | MT Dept Labor | dli.mt.gov | 406-444-2840 | Yes | 406-444-2884 |
| Nebraska | NE Dept of Labor | dol.nebraska.gov | 402-471-2239 | Yes | 402-471-2024 |
| Nevada | NV Labor Comm | labor.nv.gov | 702-486-2650 | Yes | 775-823-6690 |
| New Hampshire | NH Dept of Labor | nh.gov/labor | 603-271-3176 | Yes | 603-271-2767 |
| New Jersey | NJ Dept Labor | nj.gov/labor | 609-659-9045 | Yes | 609-292-4605 |
| New Mexico | NM Workforce Sol | dws.state.nm.us | 505-841-8405 | Yes | 505-827-6838 |
| New York | NY Dept of Labor | dol.ny.gov | 518-457-9000 | Yes | 718-741-8400 |
| North Carolina | NC Dept of Labor | labor.nc.gov | 919-707-2796 | Yes | 919-807-2260 |
| North Dakota | ND Dept of Labor | nd.gov/labor | 701-328-2660 | Yes | 701-328-2660 |
| Ohio | OH Dept Commerce | com.ohio.gov/labor | 614-644-2239 | Yes | 614-466-2785 |
| Oklahoma | OK Dept of Labor | ok.gov/odol | 405-521-6100 | Yes | 405-521-3441 |
| Oregon | OR BOLI | oregon.gov/boli | 971-673-0761 | Yes | 971-673-0764 |
| Pennsylvania | PA Dept Labor | dli.pa.gov | 717-787-5279 | Yes | 717-787-4410 |
| Rhode Island | RI Dept Labor | dlt.ri.gov | 401-462-8000 | Yes | 401-222-2131 |
| South Carolina | SC Dept of Labor | llr.sc.gov/labor | 803-896-4300 | Yes | 803-896-1200 |
| South Dakota | SD Dept Labor | dlr.sd.gov | 605-773-3101 | Yes | No state agency |
| Tennessee | TN Dept Workforce | tn.gov/workforce | 844-224-5818 | Yes | 615-741-5825 |
| Texas | TX Workforce Comm | twc.texas.gov | 512-463-2222 | Yes | 888-452-4778 |
| Utah | UT Labor Comm | laborcommission.utah.gov | 801-530-6800 | Yes | 801-530-6801 |
| Vermont | VT Dept of Labor | labor.vermont.gov | 802-828-4000 | Yes | 800-416-2010 |
| Virginia | VA Dept Labor | doli.virginia.gov | 804-371-2327 | Yes | 804-786-2377 |
| Washington | WA Dept Labor | lni.wa.gov | 360-902-5800 | Yes | 800-233-3247 |
| West Virginia | WV Div of Labor | labor.wv.gov | 304-558-7890 | Yes | 304-558-2616 |
| Wisconsin | WI Dept Workforce | dwd.wisconsin.gov | 608-266-3131 | Yes | 608-266-6860 |
| Wyoming | WY Dept Workforce | dws.wyo.gov | 307-235-3254 | Yes | No state agency |
Know Your Rights Posters
According to federal and state law, employers must post notices informing employees of their rights.
A. Required Federal Posters
All Private Employers:
- Fair Labor Standards Act (FLSA) – Minimum Wage
- Employee Polygraph Protection Act
- Family and Medical Leave Act (if 50+ employees)
- Equal Employment Opportunity (EEO) – EEOC poster
- Occupational Safety and Health Act (OSHA) – Job Safety
Federal Contractors: 6. Employee Rights Under Davis-Bacon Act (construction) 7. Employee Rights on Government Contracts 8. E-Verify Participation Poster 9. Right to Work Notice
Download Free Posters:
B. State Required Posters
Each state requires specific posters. Contact state labor department or visit:
- State labor department websites (free download)
Frequently Asked Questions
General Employee Rights
Q: What are my basic rights as an employee in the United States?
According to federal law, employees have rights to:
- Freedom from discrimination based on protected classes (Title VII, ADA, ADEA)
- Minimum wage and overtime pay (FLSA)
- Safe workplace (OSHA)
- Organize and engage in union activities (NLRA)
- Family and medical leave in qualifying circumstances (FMLA)
Q: Can my employer fire me for no reason?
According to state employment laws, 49 states follow “at-will” employment, meaning employers can terminate employment for any legal reason or no reason. Montana is the exception. However, employers cannot fire employees for illegal reasons including discrimination, retaliation, or violation of public policy.
Q: Do I have to be given a reason for being fired?
According to at-will employment doctrine, employers generally are not required to provide a reason for termination. However, some states require employers provide reason upon request, and employment contracts may require cause.
Q: Can I record conversations with my boss?
According to state wiretapping laws, this depends on your state. “One-party consent” states allow recording if you are part of the conversation. “Two-party consent” states require all parties consent. Federal law requires at least one party consent.
Q: Am I entitled to a lunch break?
According to federal law (FLSA), meal breaks are not required. However, 20+ states have meal break requirements. Check your state labor department.
Q: Can my employer make me work on holidays?
According to federal law, private employers can require employees work on holidays. There is no federal requirement for holiday pay or time off for holidays.
Q: Is my employer required to give me a raise?
According to federal law, employers are not required to provide raises except to maintain minimum wage compliance. Employment contracts or collective bargaining agreements may require raises.
Q: Can I be fired for complaining about illegal activity?
According to whistleblower protection laws, employers cannot retaliate against employees for reporting illegal activity. This is protected under various federal and state laws depending on the type of violation reported.
Q: What should I do if I believe my rights have been violated?
According to government agencies:
- Document the violation
- Report to employer’s HR department
- File complaint with appropriate agency (EEOC, DOL, OSHA)
- Consult with employment attorney
- Act quickly – deadlines apply
Q: Can my employer change my job duties without my consent?
According to at-will employment, employers generally can change job duties unless restricted by employment contract or collective bargaining agreement. Significant changes may constitute constructive discharge.
Discrimination and Harassment
Q: What is considered workplace discrimination?
According to the EEOC, discrimination is treating someone unfavorably because of protected characteristics: race, color, religion, sex, national origin, age (40+), disability, or genetic information.
Q: Can I be discriminated against for being pregnant?
According to the Pregnancy Discrimination Act, discrimination based on pregnancy, childbirth, or related medical conditions is illegal sex discrimination.
Q: What is sexual harassment?
According to the EEOC, sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal/physical harassment of a sexual nature. It includes both quid pro quo (this for that) and hostile work environment.
Q: Can I be fired for filing a discrimination complaint?
According to Title VII and other anti-discrimination laws, retaliation for filing complaints, participating in investigations, or opposing discrimination is illegal.
Q: How long do I have to file a discrimination complaint?
According to EEOC regulations, 180 days from the discriminatory act in states without a Fair Employment Practices Agency, or 300 days in states with a FEPA.
Q: Can my employer ask about my age during an interview?
According to the ADEA, employers should not ask age-related questions that could be used to discriminate. Questions about graduation dates or birth year should be avoided.
Q: Is it illegal to not hire someone because of their accent?
According to the EEOC, accent discrimination is national origin discrimination unless the accent materially interferes with job performance.
Q: Can I be fired for my religious beliefs?
According to Title VII, employers cannot discriminate based on religion and must provide reasonable accommodation for religious practices unless undue hardship.
Q: What is a reasonable accommodation for disability?
According to the ADA, reasonable accommodations may include modified work schedules, reassignment to vacant position, acquisition of equipment or devices, or modification of policies. Employer must engage in interactive process.
Q: Can my employer ask about my medical conditions?
According to the ADA, employers can only ask about medical conditions if job-related and consistent with business necessity, typically after conditional job offer.
Q: Am I protected from discrimination based on sexual orientation?
According to the Supreme Court decision Bostock v. Clayton County (2020), Title VII prohibits discrimination based on sexual orientation and transgender status.
Q: What should I do if I witness discrimination against a coworker?
According to EEOC guidance, you can report to employer’s HR department, file complaint with EEOC (if you are also affected), or encourage coworker to file complaint. Retaliation for reporting is illegal.
Q: Can customers’ preferences justify discrimination?
According to the EEOC, customer preference is never a defense for discrimination. Employers cannot discriminate to satisfy customer, client, or coworker preferences.
Q: Is age discrimination illegal for workers under 40?
According to the ADEA, federal protection applies only to workers 40 and older. Some states protect workers of all ages.
Q: Can I be asked about my genetic information?
According to GINA, employers generally cannot request, require, or purchase genetic information except in limited circumstances (wellness programs with consent, inadvertent acquisition).
Wages and Pay
Q: What is the current federal minimum wage?
According to the Fair Labor Standards Act, the federal minimum wage is $7.25 per hour (effective since July 24, 2009).
Q: Can I be paid less than minimum wage?
According to the FLSA, most employees must be paid at least minimum wage. Exceptions include tipped employees (with tip credit), student learners, full-time students in certain circumstances, and workers with disabilities (with certificate).
Q: How much do tipped employees have to be paid?
According to federal law, tipped employees can be paid $2.13 per hour if tips bring total to $7.25/hour. If not, employer must make up difference. Some states require higher cash wages.
Q: Can my employer deduct money from my paycheck?
According to the FLSA and state laws, deductions are permitted for:
- Taxes
- Court-ordered garnishments
- Voluntary deductions (insurance, retirement) with authorization
- Cash register shortages (limited by state law)
- Uniforms (if doesn’t bring pay below minimum wage)
Q: When must I receive my final paycheck?
According to state wage payment laws, timing varies by state. Some states require immediate payment upon termination, others allow until next regular payday. Check state law.
Q: Can my employer pay me in cryptocurrency?
According to the FLSA and state wage payment laws, wages must be paid in “cash or negotiable instrument.” Most states do not recognize cryptocurrency as acceptable wage payment unless immediately converted to US dollars.
Q: Am I entitled to a pay stub?
According to state laws, most states require employers provide pay stubs showing hours worked, rate of pay, deductions. Federal law does not require pay stubs.
Q: Can my employer change my pay rate?
According to the FLSA, employers can reduce pay prospectively (for future work) with proper notice. Cannot reduce pay retroactively for work already performed. Some states require advance notice of pay changes.
Q: What is the difference between salary and hourly?
According to the FLSA, hourly employees are paid per hour worked. Salaried employees receive predetermined amount regardless of hours worked, but must meet salary threshold and duties test to be exempt from overtime.
Q: Can I discuss my salary with coworkers?
According to the National Labor Relations Act, employees have the right to discuss wages with coworkers. Employers cannot prohibit wage discussions.
Q: Am I entitled to a raise?
According to federal law, employers are not required to give raises except to maintain minimum wage compliance. Employment contracts may require raises.
Q: Can my employer require me to work for free?
According to the FLSA, all time worked must be compensated. “Volunteering” for your employer is generally not permitted for private employers.
Q: What if my employer doesn’t pay me?
According to the DOL, file wage complaint with Department of Labor Wage and Hour Division or state labor department. You may also file private lawsuit.
Q: How long does my employer have to pay me after I quit?
According to state wage payment laws, varies by state from immediately to next regular payday. Check state labor department.
Q: Can my employer take tips?
According to the FLSA, employers cannot take employees’ tips. Tip pooling among customarily tipped employees is permitted if employer does not take tip credit, or limited pooling if employer takes tip credit.
Overtime and Hours
Q: Am I entitled to overtime pay?
According to the FLSA, non-exempt employees must receive overtime (1.5x regular rate) for hours over 40 in a workweek. Some states have daily overtime requirements.
Q: What makes an employee exempt from overtime?
According to FLSA regulations, employees must meet salary basis test ($684/week minimum) and duties test (executive, administrative, professional, computer, or outside sales) to be exempt.
Q: Can my employer make me work overtime?
According to the FLSA, employers can require overtime unless restricted by employment contract, collective bargaining agreement, or state law.
Q: Does working on weekends count as overtime?
According to the FLSA, overtime is calculated based on hours over 40 in a workweek, not based on which days worked. Weekend work only qualifies as overtime if total weekly hours exceed 40.
Q: Can I waive my right to overtime pay?
According to the FLSA, employees cannot waive their right to overtime pay. Employer-employee agreements to not pay overtime are not enforceable.
Q: What is comp time?
According to the FLSA, private employers generally cannot provide comp time (compensatory time off) instead of overtime pay. Public sector employers may offer comp time under specific conditions.
Q: How is overtime calculated for salaried employees?
According to the FLSA, non-exempt salaried employees’ regular rate is calculated by dividing weekly salary by hours worked. Overtime is 1.5x this rate.
Q: Can my employer average hours over two weeks?
According to the FLSA, overtime must be calculated on a workweek basis. Averaging hours over two weeks is not permitted.
Q: Do I get overtime for working more than 8 hours in a day?
According to federal law, no. Some states (California, Alaska, Nevada) have daily overtime requirements.
Q: What if I work two jobs for the same employer?
According to the FLSA, all hours worked for the same employer must be combined for overtime calculation.
Q: Can my employer give me a different title to avoid paying overtime?
According to the FLSA, job title alone does not determine exempt status. Must meet salary and duties tests.
Q: Is overtime paid at double time?
According to the FLSA, overtime is 1.5x regular rate. Some states require double time for specific circumstances (California: hours over 12 in day, 7th consecutive day).
Leave and Time Off
Q: Am I entitled to sick leave?
According to federal law, private employers are not required to provide sick leave. However, 15+ states and many localities have paid sick leave laws.
Q: What is FMLA leave?
According to the Family and Medical Leave Act, eligible employees can take up to 12 weeks unpaid, job-protected leave for birth/adoption, serious health condition (self or family), or military family reasons.
Q: Who is eligible for FMLA?
According to the FMLA, employees must:
- Work for covered employer (50+ employees within 75 miles)
- Worked for employer 12+ months
- Worked 1,250+ hours in past 12 months
Q: Can my employer deny FMLA leave?
According to the FMLA, employers cannot deny leave if employee is eligible and has qualifying reason. Employer can require medical certification.
Q: Do I get paid during FMLA leave?
According to the FMLA, leave is unpaid. Some states have paid family leave programs. Employees may use accrued paid leave concurrently.
Q: Can I be fired while on FMLA leave?
According to the FMLA, employers cannot fire employees for taking FMLA leave. However, employees can be terminated for reasons unrelated to FMLA (e.g., layoff affecting position).
Q: Am I entitled to vacation time?
According to federal law, employers are not required to provide vacation time. If provided, employer’s policy governs accrual and use.
Q: Can my employer require me to use vacation for sick time?
According to employer policies, employers generally can require use of vacation for absences unless prohibited by state law or employer policy.
Q: What happens to unused vacation when I quit?
According to state laws, approximately half of states require payout of accrued, unused vacation. Other states follow employer policy.
Q: Am I entitled to bereavement leave?
According to federal law, private employers are not required to provide bereavement leave. Oregon is first state to require paid bereavement leave (effective 2014).
Q: Can I take leave for jury duty?
According to federal law (Jury Systems Improvement Act), employers cannot discharge, threaten, or coerce employees for jury service. Most states prohibit discrimination and require employers allow time off.
Q: Can I be required to work while on leave?
According to the FMLA, employees on FMLA leave cannot be required to work. For other types of leave, employer policy governs.
Q: What is paid family leave?
According to state laws, 13 states have paid family leave programs providing partial wage replacement for qualifying family/medical leave.
Workplace Safety
Q: What if my workplace is unsafe?
According to OSHA, report unsafe conditions to employer. If not corrected, file complaint with OSHA at 1-800-321-OSHA or online at osha.gov.
Q: Can I refuse to work if conditions are dangerous?
According to OSHA regulations, employees may refuse dangerous work if:
- Reasonable belief of imminent danger of death or serious injury
- No time to eliminate danger through normal channels
- Employer unwilling or unable to address concern
Q: Can I be fired for reporting safety violations?
According to OSHA Section 11(c), employers cannot retaliate for reporting safety hazards or filing OSHA complaints. File retaliation complaint within 30 days.
Q: Am I entitled to safety equipment?
According to OSHA, employers must provide required personal protective equipment (PPE) at no cost to employees.
Q: What if I get injured at work?
According to state workers’ compensation laws:
- Report injury to supervisor immediately
- Seek medical treatment
- File workers’ compensation claim
- Cannot be fired for filing claim
Q: Can my employer require me to work in extreme heat?
According to OSHA General Duty Clause, employers must protect employees from recognized hazards. California, Washington, Oregon have specific heat illness prevention standards.
Q: Do I have to work during a pandemic?
According to OSHA, employers must provide safe workplace. Employees may refuse work if imminent danger. Some state/local orders may require closures or safety measures.
Q: Can my employer require me to get vaccinated?
According to EEOC guidance, employers generally can require COVID-19 vaccination, subject to ADA and Title VII accommodations. Some states restrict employer mandates.
Q: What if there’s no running water at my workplace?
According to OSHA sanitation standards, employers must provide clean drinking water and toilet facilities.
Q: Can I be required to work alone at night?
According to OSHA, no specific prohibition. Employer must assess and address safety risks. Some localities have regulations for certain industries (retail, gas stations).
Termination and Layoffs
Q: What is wrongful termination?
According to employment law, wrongful termination occurs when termination violates law (discrimination, retaliation, public policy) or contract.
Q: Can I be fired for being sick?
According to the ADA and FMLA, employers cannot fire employees for legitimate illness if eligible for protections. At-will employees can be fired for excessive absenteeism if not protected by law.
Q: Am I entitled to severance pay?
According to federal law, severance pay is not required unless promised in employment contract, policy, or collective bargaining agreement.
Q: What is a layoff?
According to employment terminology, layoff is termination due to lack of work or business reasons, typically not related to employee performance.
Q: Do I get unemployment if I’m laid off?
According to state unemployment insurance laws, employees laid off through no fault of their own are generally eligible for unemployment benefits.
Q: What is the WARN Act?
According to the Worker Adjustment and Retraining Notification Act, employers with 100+ employees must provide 60 days notice of mass layoffs or plant closings.
Q: Can I be fired for looking for another job?
According to at-will employment, employers can fire employees for looking for other employment unless restricted by contract.
Q: What if I’m fired for a reason that later turns out to be false?
According to employment law, at-will employees can be fired for good reason, bad reason, or no reason, as long as not illegal reason. False accusations alone may not constitute wrongful termination.
Q: Can I sue for wrongful termination?
According to employment law, you can sue if termination violated law (discrimination, retaliation, public policy, contract). Consult employment attorney.
Q: How long do I have to sue for wrongful termination?
According to state statutes of limitations, typically 1-3 years depending on claim type and state.
Q: Can I collect unemployment if I quit?
According to state unemployment laws, generally no, unless you quit for “good cause” (unsafe conditions, substantial pay reduction, harassment). Requirements vary by state.
Q: What is constructive discharge?
According to employment law, constructive discharge occurs when working conditions become so intolerable that a reasonable person would feel compelled to resign. Treated as termination for legal purposes.
Privacy and Monitoring
Q: Can my employer read my work email?
According to the Electronic Communications Privacy Act, employers generally can monitor email on employer-provided systems. Some states require notice.
Q: Can my employer monitor my phone calls?
According to ECPA, employers can monitor business calls. Personal calls should not be monitored once employer realizes call is personal. Some states require notice or consent.
Q: Can my employer use video surveillance?
According to federal law, video surveillance is generally permitted in workplace areas where no expectation of privacy. Cannot record in restrooms, changing areas.
Q: Can my employer track my location?
According to various laws, employers can track location using employer-provided devices during work hours. Tracking personal devices or off-duty tracking raises privacy concerns.
Q: Can my employer require me to friend them on social media?
According to social media privacy laws in 30+ states, employers cannot require employees provide passwords or access to personal social media accounts.
Q: Can I be fired for social media posts?
According to at-will employment and NLRA, employees can be fired for social media posts unless posts constitute protected concerted activity or protected speech.
Q: Can my employer do a background check on me?
According to the Fair Credit Reporting Act, employers can conduct background checks with written permission. Must provide copy if adverse action taken.
Q: Can my employer drug test me?
According to federal law, private employers generally can drug test. Some states regulate testing procedures, notice requirements, and use of results.
Q: Does my employer have to tell me if they’re monitoring me?
According to state laws, Connecticut and Delaware require notice before electronic monitoring. Other states vary.
Q: Can my employer require fingerprints or facial recognition?
According to biometric privacy laws (Illinois BIPA, others), employers must inform employees, get written consent, and follow retention/destruction guidelines before collecting biometric information.
Union and Organizing
Q: Do I have the right to join a union?
According to the National Labor Relations Act Section 7, employees have the right to form, join, or assist labor organizations.
Q: Can my employer forbid me from talking about unions?
According to the NLRA, employers cannot prohibit employees from discussing union organizing or other protected concerted activities.
Q: Can I be fired for trying to organize a union?
According to the NLRA, employers cannot discriminate against or retaliate against employees for union organizing activities.
Q: Do I have to join a union if my workplace has one?
According to the NLRA, this depends on state law and union security agreement. In “right-to-work” states (27 states), you cannot be required to join union or pay dues.
Q: What are union dues used for?
According to union constitutions, dues fund collective bargaining, contract administration, representation services, and union operations.
Q: Can I talk about my wages with coworkers?
According to the NLRA, discussing wages is protected concerted activity. Employers cannot prohibit wage discussions.
Q: What is collective bargaining?
According to the NLRA, collective bargaining is negotiation between employer and union over wages, hours, and working conditions.
Q: Can I strike?
According to the NLRA, employees have the right to strike. Economic strikers can be permanently replaced. Unfair labor practice strikers cannot be permanently replaced.
Q: What is an unfair labor practice?
According to the NLRA, unfair labor practices include employer interference with Section 7 rights, discrimination for union activity, refusing to bargain in good faith.
Q: How do I file an unfair labor practice charge?
According to the NLRB, file charge within 6 months at nlrb.gov or local NLRB office.
2026 New Laws
Q: What is the Illinois AI employment law?
According to Illinois HB 3773 (effective January 1, 2026), employers cannot use AI that discriminates based on protected classes or use zip codes as proxies. Must notify employees when AI used in employment decisions.
Q: What is the Colorado AI Act?
According to Colorado SB 24-205 (effective June 30, 2026), regulates “high-risk” AI systems to prevent algorithmic discrimination. Requires impact assessments, notices, and anti-discrimination protections.
Q: What is California’s Workplace Know Your Rights Act?
According to California SB 294 (effective February 1, 2026), employers must provide annual written notice to employees of their rights regarding workers’ comp, immigration, union organizing, and constitutional rights.
Q: Which states increased minimum wage in 2026?
According to state labor departments, 19 states increased minimum wage January 1, 2026: Alaska, Arizona, California, Colorado, Connecticut, Hawaii, Maine, Minnesota, Missouri, Montana, Nebraska, New Jersey, New York, Ohio, Rhode Island, South Dakota, Vermont, Virginia, Washington.
Q: Which states crossed $15/hour minimum wage in 2026?
According to state laws, six states reached $15+ for first time in 2026: Arizona, Colorado, Hawaii, Maine, Missouri, Nebraska.
Q: What are gig worker protections in 2026?
According to state laws, multiple states enhanced gig worker protections including transparency requirements for pay structures, limited insurance coverage, and immigrant worker protections.
Q: Can employers use AI to screen my resume in 2026?
According to Illinois and Colorado laws (2026), employers can use AI but must comply with anti-discrimination requirements, conduct impact assessments (CO), and provide notice to employees/applicants.
Q: What is the Pregnant Workers Fairness Act?
According to EEOC regulations (effective June 2023, implemented through 2026), employers must provide reasonable accommodations for pregnancy, childbirth, and related medical conditions unless undue hardship.
Q: Are there new heat illness prevention requirements in 2026?
According to state OSHA programs, California, Washington, and Oregon have comprehensive heat illness prevention standards. Federal OSHA standard still in rulemaking.
Q: What are cryptocurrency wage payment rules?
According to New York and other state laws, cryptocurrency generally not acceptable for wage payment unless immediately converted to US dollars with no fees to employee.
State-Specific Questions
Q: Does California require meal breaks?
According to California labor law, 30-minute meal break required if work 5+ hours (second break if work 10+ hours). 10-minute rest break per 4 hours worked.
Q: What is New York’s minimum wage?
According to New York labor law, minimum wage effective January 1, 2026: $17.00/hour (NYC, Long Island, Westchester), $16.00/hour (rest of state).
Q: Does Texas have paid sick leave?
According to Texas law, no state-mandated paid sick leave requirement. Some Texas cities have local ordinances (Austin, San Antonio – though state has challenged local ordinances).
Q: What is Montana’s employment law different from other states?
According to Montana Wrongful Discharge Act, Montana is only state where at-will employment only applies during probationary period. After probation, termination only for good cause.
Q: Does Florida have right-to-work?
According to Florida Constitution, yes. Florida is right-to-work state since 1944 (constitutional provision since 1968).
Q: Which states have paid family leave?
According to state programs, 13 states have paid family leave: California, Colorado, Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Washington.
Q: Does my state require final paycheck immediately?
According to state wage payment laws, states requiring immediate payment on involuntary termination: California, Colorado, Massachusetts (day of), Minnesota (24 hours), Montana, Nevada (3 days).
Q: Which states protect marijuana use?
According to state laws, protections vary. Nevada prohibits refusing to hire based solely on positive marijuana test. New York City prohibits pre-employment THC testing. New Jersey and Montana have employment protections for medical marijuana cardholders.
Q: Does my state have pay transparency laws?
According to state laws, pay transparency requirements in: California, Colorado, Connecticut, Maryland, Nevada, New York, Rhode Island, Washington (as of 2026).
Q: Which states ban salary history questions?
According to state laws, states prohibiting salary history questions: Alabama (state agencies), California, Colorado, Connecticut, Delaware, Hawaii, Illinois (state contractors), Maine, Maryland, Massachusetts, New Jersey, New York (NYC and state), Oregon, Pennsylvania (state agencies), Vermont, Washington.
Social Media and Off-Duty Conduct Protections