# US Employment Law — Jurisdiction Reference Map

> **Review map only.** This file describes the structure of the US employment-law regime and where to verify requirements. It is not legal advice, may be out of date, and must be verified against current official sources. Jurisdiction-specific conclusions require qualified US employment counsel.

Last verified: 2026-05-18

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## Regime overview

The US has a layered employment-law regime: federal floor statutes enforced by federal agencies, supplemented (and often exceeded) by state and local laws. Most private-sector employment is "at-will" — meaning either party may terminate for any lawful reason — but the at-will doctrine is heavily eroded by federal and state anti-discrimination statutes, contract rights, public-policy exceptions, and implied-covenant doctrines that vary by state. The reviewer must confirm the applicable state law; do not assume the federal floor is the only constraint.

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## Primary regulators

| Regulator | Jurisdiction | Official source |
|---|---|---|
| Equal Employment Opportunity Commission (EEOC) | Federal anti-discrimination enforcement | https://www.eeoc.gov/laws-guidance |
| Department of Labor — Wage and Hour Division (WHD) | FLSA, FMLA, WARN, and other federal wage/leave laws | https://www.dol.gov/agencies/whd |
| National Labor Relations Board (NLRB) | Private-sector collective bargaining and unfair labor practices | https://www.nlrb.gov/about-nlrb |
| OSHA (DOL) | Workplace safety and anti-retaliation (whistleblower programs) | https://www.osha.gov/workers/file-complaint |
| State labor agencies | Minimum wage, state discrimination, leave, and wage laws | Varies — verify for the specific state |
| State attorneys general | State wage theft, discrimination, and consumer protection enforcement | Varies — verify for the specific state |

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## Primary statutes and frameworks

| Statute / framework | Coverage | Official source |
|---|---|---|
| Title VII of the Civil Rights Act of 1964 | Prohibits discrimination based on race, color, religion, sex, national origin | https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 |
| Americans with Disabilities Act (ADA) | Disability discrimination; reasonable accommodation duty | https://www.eeoc.gov/statutes/americans-disabilities-act-1990 |
| Age Discrimination in Employment Act (ADEA) | Protects workers 40+ from age discrimination | https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967 |
| Pregnancy Discrimination Act / PWFA | Sex discrimination including pregnancy, childbirth, related conditions | https://www.eeoc.gov/laws-guidance |
| Fair Labor Standards Act (FLSA) | Minimum wage, overtime, child labor, recordkeeping | https://www.dol.gov/agencies/whd/flsa |
| Family and Medical Leave Act (FMLA) | Unpaid protected leave for qualifying medical and family reasons | https://www.dol.gov/agencies/whd/fmla |
| WARN Act | Advance notice for mass layoffs and plant closings (federal threshold) | https://www.dol.gov/agencies/eta/layoffs/warn |
| National Labor Relations Act (NLRA) | Protected concerted activity; collective bargaining; unfair labor practices | https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act |
| Title IX / VAWA (workplace context) | Sex-based harassment in contexts with federal funding | https://www.eeoc.gov/laws-guidance |
| State equivalents | State anti-discrimination, leave, wage, and WARN-equivalent statutes | Verify with state agency for the applicable state |

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## Structural review checkpoints

**At-will vs. statutory protection**
- Confirm whether employment is at-will in the applicable state and whether any contract, offer letter, handbook, or CBA modifies at-will status.
- Identify all protected classes under federal law (race, color, religion, sex, national origin, age 40+, disability, genetic information) and additional protected classes under applicable state or local law — which frequently expand the federal list.
- Verify whether any public-policy or implied-covenant exception to at-will applies in the state.

**Notice and consultation duties**
- Federal WARN Act applies to employers with 100 or more full-time employees for qualifying mass layoffs or plant closings. Verify the headcount threshold and the triggering layoff size against the current statutory text and WHD guidance — do not rely on memory for specific numbers.
- Many states have mini-WARN statutes with lower headcount thresholds and longer notice periods. Verify against the applicable state law.
- Reviewer should confirm current thresholds at https://www.dol.gov/agencies/eta/layoffs/warn and the relevant state labor agency.

**Anti-discrimination grounds**
- Federal protected classes: race, color, religion, sex (including pregnancy, sexual orientation per Bostock v. Clayton County, gender identity), national origin, age (40+), disability, genetic information.
- State and local law often adds: marital status, family responsibilities, source of income, credit history, criminal history (ban-the-box), and others. Verify for the applicable jurisdiction.

**Wage and hour**
- Confirm FLSA exempt/non-exempt classification for affected workers. As of May 2026, WHD restored the 2019 salary threshold of $684/week for EAP exemptions after a 2024 rule was judicially vacated — verify the current effective threshold at https://www.dol.gov/agencies/whd/overtime/salary-levels before relying on any specific figure.
- Confirm state minimum wage if higher than federal.
- Independent-contractor classification: verify against the applicable federal and state multi-factor tests. Misclassification is an escalation-grade risk.

**Accommodation and leave**
- ADA reasonable accommodation duty: confirm an interactive process occurred before any adverse action against an employee with a known or suspected disability.
- FMLA: confirm eligibility (12 months tenure, 1,250 hours worked, 50-employee threshold at the worksite) — verify thresholds at https://www.dol.gov/agencies/whd/fmla.
- State leave laws may impose additional or broader obligations. Verify for the applicable state.

**Collective and union matters**
- NLRA protects concerted activity even for non-unionized workers. Adverse action following protected concerted activity (e.g., complaints about wages or working conditions) is an unfair labor practice.
- If a CBA is in scope, confirm just-cause requirements and grievance/arbitration procedures before any disciplinary or termination action.

**Retaliation and whistleblower**
- Retaliation for filing an EEOC charge, participating in an investigation, or opposing discriminatory practices is independently prohibited under federal statutes.
- OSHA administers 25+ whistleblower protection statutes covering reporting on safety, securities, tax, environment, and other regulated domains. Verify at https://www.osha.gov/whistleblower-protection-programs.
- Temporal proximity between protected activity and adverse action is a primary factor in establishing retaliation claims.

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## Escalation triggers (US-specific)

- Any action taken within weeks or months of a complaint, accommodation request, leave request, or OSHA/SEC/IRS report.
- WARN-threshold proximity in a RIF — if headcount at or near the threshold, escalate before finalizing.
- Independent-contractor reclassification exposure.
- Multi-state workforce where different state laws apply concurrently.
- Executive or senior employee terminations (arbitration agreements, equity, D&O exposure).
- Any EEOC charge, DOL audit, or NLRB petition already filed or threatened.

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## Sources

- https://www.eeoc.gov/laws-guidance — EEOC laws, regulations, and guidance (fetched 2026-05-18, resolved)
- https://www.dol.gov/agencies/whd/flsa — WHD FLSA overview (confirmed via search 2026-05-18)
- https://www.dol.gov/agencies/whd/overtime/salary-levels — current EAP salary thresholds (confirmed via search 2026-05-18)
- https://www.dol.gov/agencies/eta/layoffs/warn — WARN Act (DOL)
- https://www.nlrb.gov/about-nlrb — NLRB overview (fetched 2026-05-18, resolved)
- https://www.osha.gov/whistleblower-protection-programs — OSHA whistleblower programs
