6.4 Labor and Employment Law Research
5 min read•august 15, 2024
Labor and employment law is a complex field that impacts workers and businesses daily. This section covers key federal statutes, state laws, and administrative decisions that shape workplace rights and responsibilities.
Navigating legal databases is crucial for researching labor issues. We'll explore subscription services like Bloomberg Law and free resources like the Department of Labor website, as well as strategies for applying labor law to real-world scenarios.
Labor and Employment Law Sources
Key Federal Statutes and Regulations
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Top images from around the web for Key Federal Statutes and Regulations
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Employment Law View original
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- Key federal labor and employment statutes include:
- (FLSA) establishes minimum wage, overtime pay, and other employment standards
- (NLRA) governs union-management relations and
- (OSH Act) requires employers to provide a safe workplace
- (FMLA) provides job-protected leave for certain family and medical reasons
- Regulations implementing federal labor and employment statutes are primarily found in Title 29 of the Code of Federal Regulations (CFR)
- Example: 29 CFR Part 1910 contains OSHA standards for general industry
State Laws and Case Law
- State labor and employment laws often supplement or expand upon federal protections
- Example: some states have higher minimum wages or more expansive laws than federal law
- These state-specific statutes and regulations must be consulted in addition to federal sources
- Labor and employment case law interprets and applies statutory and regulatory provisions
- Relevant case law is issued by federal and state courts at various levels
- Example: U.S. Supreme Court case (2020) held that Title VII prohibits based on sexual orientation and gender identity
Administrative Decisions and Guidance
- Administrative decisions from agencies provide additional interpretive guidance:
- (NLRB) adjudicates unfair labor practice charges under the NLRA
- (EEOC) enforces federal anti-discrimination laws
- reviews OSHA citations and penalties
- These agencies also issue non-binding guidance documents, opinion letters, and policy statements that clarify how the law applies to specific situations
Navigating Legal Databases
Subscription Databases
- Bloomberg Law, Westlaw, and Lexis offer dedicated labor and employment law practice centers with curated collections of primary and secondary sources
- Practice centers include statutes, regulations, case law, agency materials, treatises, and practice guides organized by topic
- CCH Labor Relations Reporter and BNA's Labor & Employment Law Resource Center are specialized subscription databases focusing exclusively on labor and employment law
- These databases provide in-depth coverage of labor and employment developments, including full-text primary sources and expert analysis
Free Resources
- Free sources can provide access to primary sources and some commentary:
- U.S. Department of Labor website contains statutes, regulations, agency decisions, opinion letters, and other guidance
- State labor agency websites compile state-specific labor and employment laws and resources
- Google Scholar offers a free, searchable database of federal and state case law
- While free resources can be useful, they may not be as comprehensive or easily navigable as subscription databases
Secondary Sources
- Secondary sources like treatises, practice guides, and law review articles offer in-depth analysis and can be used to locate relevant primary authority
- Key treatises include:
- The Developing Labor Law provides a comprehensive overview of labor-management relations law
- Employment Discrimination Law covers all aspects of workplace discrimination
- Employee Benefits Law discusses laws governing employee benefit plans
- The ABA Section of Labor and Employment Law and the National Employment Lawyers Association (NELA) publish useful practice materials
- Example: The ABA publishes a treatise called The Fair Labor Standards Act
Applying Labor Law to Scenarios
Issue Spotting and Jurisdiction
- Start by identifying the key facts and legal issues implicated by the problem or scenario
- Example: A scenario involving a restaurant not paying overtime implicates the FLSA
- Determine whether federal law, state law, or both are relevant based on:
- Type of employer (private sector, government, etc.)
- Number of employees (some laws only apply to employers over a certain size)
- Nature of the issue (discrimination, wage and hour, safety and health, etc.)
Rule Synthesis and Application
- Synthesize rules and holdings from applicable statutes, regulations, and case law
- Pay attention to jurisdictional variations and splits of authority
- Example: Federal circuits are split on whether time spent in security screenings is compensable under the FLSA
- Apply the synthesized rules to the facts, analogizing or distinguishing precedent cases as appropriate
- Example: If a precedent case held that time spent donning protective gear is compensable, argue that time spent in security screenings is analogous and should also be compensable
Policy Considerations
- Consider policy arguments and social, economic, and political factors that may influence interpretation and application of labor and employment laws
- Example: The FLSA was enacted in 1938 in part to ensure a fair standard of living for workers; this purpose should inform arguments about what activities are considered "work" that must be compensated
- Labor and employment laws balance employee protections with employer interests; analyzing competing policy considerations can help craft persuasive legal arguments
Research Plans for Labor Issues
Secondary Sources and Practice Centers
- Begin with secondary sources to gain an overview of the relevant area of labor and employment law and identify key primary sources
- Consult treatises, practice guides, and law reviews for background and analysis
- Utilize specialized labor and employment law databases and practice centers to quickly locate on-point primary authority
- Filter databases by content type, jurisdiction, and topic to retrieve targeted results
Jurisdiction-Specific Research
- Focus on jurisdiction-specific sources, including both federal and state materials as applicable
- Federal statutes and regulations apply nationwide, but may be interpreted differently by circuit
- State laws vary and must be researched separately; some states provide greater protections than federal law
- Consider agency decisions and guidance in addition to statutes, regulations, and case law
- Administrative materials can clarify how agencies interpret and apply the law
Expanding Research and Validation
- Expand research to persuasive authority from other jurisdictions if binding authority is lacking
- Look to other circuits, states with similar laws, and agency decisions for guidance
- Validate all primary sources through citators like Shepard's and KeyCite to ensure they remain good law
- Citators identify negative treatment and show how sources have been interpreted by subsequent authorities
Key Terms to Review (20)
Bostock v. Clayton County: Bostock v. Clayton County is a landmark Supreme Court case decided in 2020 that ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation and gender identity. This decision expanded the interpretation of existing federal laws, emphasizing that discrimination against LGBTQ+ individuals is a form of sex discrimination, thereby providing important legal protections in the workplace.
Collective bargaining: Collective bargaining is the process through which employers and employees negotiate the terms of employment, including wages, hours, benefits, and working conditions. This negotiation usually occurs between representatives of labor unions and management, leading to a collective agreement that governs the workplace. This process plays a critical role in labor relations and is essential for maintaining a balance between employee rights and employer interests.
Employment discrimination: Employment discrimination refers to unfair treatment of employees or job applicants based on characteristics such as race, gender, age, disability, or religion. This concept is crucial in understanding labor rights and workplace equity, as it identifies the practices that create barriers to equal employment opportunities and highlights the need for laws and policies that protect workers from discriminatory behavior.
Equal Employment Opportunity Commission: The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing laws that make it illegal to discriminate against a job applicant or an employee based on race, color, religion, sex, national origin, age, disability, or genetic information. It plays a crucial role in promoting fairness and equality in the workplace by investigating discrimination complaints and overseeing compliance with various employment laws.
Equal Pay: Equal pay refers to the principle that individuals should receive equal compensation for performing the same work, regardless of gender, race, or other characteristics. This concept is crucial in labor and employment law as it aims to eliminate wage disparities and promote fairness in the workplace. Ensuring equal pay helps create an equitable work environment where employees are rewarded based on their skills and contributions rather than discriminatory factors.
Exempt employee: An exempt employee is a worker who is not entitled to overtime pay under the Fair Labor Standards Act (FLSA) due to their specific job duties and salary level. These employees typically hold executive, administrative, or professional positions and are expected to perform tasks that require independent judgment and discretion. The classification as exempt means they receive a fixed salary regardless of the number of hours worked, distinguishing them from non-exempt employees who are eligible for overtime compensation.
Fair Labor Standards Act: The Fair Labor Standards Act (FLSA) is a federal law enacted in 1938 that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards for workers in the United States. It aims to protect workers from unfair labor practices and ensure fair compensation for their labor, making it a cornerstone of labor and employment law in the U.S.
Family and Medical Leave Act: The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. This law ensures that employees can take time off for personal health issues, family illnesses, or the birth and care of a newborn without the fear of losing their job. The FMLA plays a crucial role in labor and employment law, balancing the need for employee job security with the demands of the workplace.
Family Leave: Family leave is a type of job-protected time off that allows employees to take leave for family-related issues, such as the birth or adoption of a child, or to care for a seriously ill family member. It is essential for supporting work-life balance and promoting family well-being, impacting workplace policies and employee rights significantly.
Hostile Work Environment: A hostile work environment refers to a workplace where an employee experiences harassment or discrimination that creates an intimidating, hostile, or abusive atmosphere. This can include offensive comments, unwanted advances, and other behaviors that interfere with an employee's ability to perform their job. The concept is important in labor and employment law as it relates to protecting employees from discrimination based on race, gender, religion, or other protected characteristics.
National Labor Relations Act: The National Labor Relations Act (NLRA), enacted in 1935, is a foundational piece of labor legislation in the United States that protects the rights of employees to organize, engage in collective bargaining, and participate in other concerted activities for mutual aid or protection. The NLRA establishes the National Labor Relations Board (NLRB) to oversee and enforce these rights, significantly shaping the relationship between labor unions, employees, and employers.
National Labor Relations Board: The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 to administer and enforce the National Labor Relations Act, which protects the rights of employees to organize and engage in collective bargaining. The NLRB plays a crucial role in addressing labor disputes, overseeing union elections, and ensuring that employers adhere to labor laws, making it a key player in labor relations in the United States.
Occupational Safety and Health Act: The Occupational Safety and Health Act (OSHA) is a federal law enacted in 1970 aimed at ensuring safe and healthy working conditions for employees by setting and enforcing workplace safety standards. OSHA provides guidelines to employers about how to prevent workplace hazards and protect workers' rights, fostering a safer working environment across various industries.
Occupational Safety and Health Review Commission: The Occupational Safety and Health Review Commission (OSHRC) is an independent federal agency established to provide administrative trial and appellate review of disputes arising from enforcement actions taken by the Occupational Safety and Health Administration (OSHA). It plays a crucial role in ensuring safe and healthful working conditions by adjudicating contested citations and penalties imposed on employers for violations of safety regulations.
Strike: A strike is a work stoppage initiated by employees to express grievances or demand better working conditions, wages, or benefits from their employer. Strikes can vary in duration and scope, from localized work actions to nationwide movements, and they often serve as a crucial tool for labor unions in negotiating with management.
Unfair Labor Practices: Unfair labor practices are actions by employers or unions that violate the rights of employees or employers under labor laws. These practices can disrupt the balance of power in the workplace and hinder fair negotiation processes, impacting employee rights to organize and engage in collective bargaining.
Union organizing: Union organizing is the process through which workers come together to form a labor union to collectively negotiate with their employers for better wages, benefits, and working conditions. This process often involves educating workers about their rights, gathering support for union representation, and ultimately holding a vote to establish the union officially. The goal of union organizing is to empower employees and ensure their voices are heard in workplace decisions.
Whistleblower protection: Whistleblower protection refers to laws and policies that safeguard individuals who report misconduct or illegal activities within an organization from retaliation. This protection is vital for encouraging employees to speak out about unethical behavior without fear of losing their jobs or facing other negative consequences. Such protections promote transparency and accountability within various sectors, especially in labor and employment contexts.
Workplace harassment: Workplace harassment refers to unwelcome and inappropriate behavior in a work environment that creates a hostile, intimidating, or abusive atmosphere. This type of harassment can manifest through various forms, such as verbal abuse, physical threats, or discriminatory actions based on characteristics like gender, race, or sexual orientation. Understanding workplace harassment is crucial for fostering a safe and inclusive workplace culture.
Wrongful termination: Wrongful termination refers to the unlawful firing of an employee in violation of legal rights or contractual obligations. This concept encompasses a range of situations, including terminations that breach employment contracts, violate anti-discrimination laws, or occur in retaliation for whistleblowing. Understanding wrongful termination is crucial for both employers and employees to navigate the complex landscape of labor and employment law.