US Employment Law in 2018: New Dangers or Profits?


The United States of America has come up with legislation that caters for a wide variety of interests relating to employment. That portends both gains and likely dangers.

Employment in the United States is on at-will basis, which means that either party can end the working arrangement at any time, as long as the reasons are supported within the legal framework.

The US jurisdictions usually have statutes that allow employers to have employment at will policy. The employer's documentation, when confirmed in employment handbooks and offer letters that are signed, can be used in breach of contract claim defense.



Other employment claims such as discrimination, wage and hour, violation of public policy and personal injury can be made by employees whose employment has been terminated. This is usually a complicated matter since it varies with jurisdictions.

The use of release agreements is usually recommended to enable amicable and timely termination arrangements to be affected by employees.

When terminating an employee, employers are required to consult counsel about the termination documentation and terms of any release agreement.


Overtime Laws

The Department of Labour came up with legislation that modified the Fair Labour Standards Act’s overtime laws.  The updates to the regulations focus mainly on the salary thresholds of white collar and other workers to be exempted from the federal overtime laws.

The Defend Trade Secret Acts has some features like

  • the requirement for employers to give notice of immunities to employees for making confidential disclosures to the government.
  • The provision is allowing exparte civil seizure of property to prevent the release of trade secrets.



The  Equal Employment Opportunity Commission usually enforces discrimination Laws. The substantive priorities that were strategically laid out include :

  • Equal protection for all workers their gender and other protected category notwithstanding
  • Prevention of systemic harassment by encouraging training and seeking robust enforcement that is coupled with injunctive and monetary relief.
  • Addressing specific emerging issues such as qualification standards and unfriendly leave policies that affect persons with disabilities and also accommodation for employees who are expectant.
  • Giving access to the legal system which includes continuously scrutinizing broad waivers and compulsory arbitration provisions and also aggressive pursuing of retaliation claims
  • Protection of vulnerable workers such as immigrants and migrants and communities where language, work status, and other hindering factors make them vulnerable to practices that are discriminatory.
  • Elimination of barriers in recruitment and hiring which include application processes that are restrictive such as online applications that are inaccessible to persons that are living with disabilities and also screening tools like background checks,

The National Labour Relations Board offers protection to non-managements’ employees' rights to engage in concerted and protected activity that involves wages, working conditions and ours pursuant to the National Labour Relations Act.


Employment Relationship

Several federal, state and local legislation governs the employment relationship in the United States. They include :

  • The Immigration Reform and Control Act – it illegalizes the hiring of anyone who is not legally permitted to work in the United States. All employers are required to verify the identity and employment eligibility of every new worker hired
  • The Family and Medical Leave Act – prohibits employers from discriminating against employees exercising their right to leave
  • The Equal Pay Act – it asserts that male and female workers should receive equal pay for work performed under the same working conditions and that requires similar effort, skill, and responsibility.
  • The Americans with Disabilities Act – prohibits discrimination of employees living with disabilities
  • The Age Discrimination in Employment Act
  • The Employment at will Doctrine. – The employer is at liberty to discharge an employee from duty at any time.
  • The National Labour Relations Act

In conclusion, The US Employment Law has more profit than it poses as a danger. A raft of the enacted legislation serves both employees’ and employers’ interests. The few that are not in line with what is best for employment could be reviewed.