What Is Employment Law?
Employment law covers a wide range of legal issues involving workers, employers, and workplace conditions. It exists to protect the rights of employees and ensure fair treatment in all aspects of employment—from hiring and promotions to workplace safety and termination.
Key areas that employment law covers include:
Defending employees in disputes with employers, colleagues, or companies
Preventing discrimination in hiring, promotion, or termination processes
Recognizing rights for independent contractors and self-employed individuals
Safeguarding interns and volunteers from harassment or retaliation
Laws can differ from state to state, and in many cases, both state and federal rules apply—especially for issues like family leave or workplace discrimination.
Types of Employment
Under laws like the Fair Labor Standards Act (FLSA) and the Internal Revenue Code (IRC), workers fall into several employment categories, including:
Full-time and part-time employees
Temporary or seasonal workers
Independent contractors and freelancers
Consultants
These classifications affect your legal rights, benefits eligibility, and how taxes are handled. For employers, it also determines obligations like tax withholdings or benefit offerings.
Employees vs. Independent Contractors
A major distinction in employment law is whether someone is classified as an employee or an independent contractor. Employees are typically under the direct control of their employer, while contractors operate independently and decide how their work is completed.
Why this matters:
Employees: Have taxes withheld by the employer and often qualify for benefits, wage protections, and legal protections under state and federal laws.
Independent Contractors: Manage their own taxes, don’t typically receive benefits, and have fewer workplace protections—but enjoy greater control over their schedules and projects.
Your Rights as an Employee
Employees have legal protections such as:
The right to a safe workplace (enforced by OSHA)
Freedom from workplace harassment and discrimination
Access to medical or family leave under laws like FMLA
The ability to claim workers’ compensation for on-the-job injuries
Protection from wrongful termination or retaliation
Some employees may also have rights specified in employment contracts or through union agreements.
Rights of Independent Contractors
Independent contractors enjoy flexibility but give up some employee benefits and protections. They are typically:
Responsible for their own tax payments
Ineligible for employer-sponsored benefits
Not protected under many of the same laws that apply to employees (e.g., wage and hour laws)
That said, contractors still have legal recourse if a contract is violated or if they are misclassified.
What Is Employment Discrimination?
Federal law (including Title VII of the Civil Rights Act) prohibits employment discrimination based on race, religion, sex, age, disability, or other protected characteristics. Discrimination can occur during hiring, firing, promotions, or even in job postings.
If you've been treated unfairly due to one of these traits, you may have grounds for a legal claim.
What Is a Whistleblower?
A whistleblower is someone who reports illegal or unethical behavior by their employer. Whistleblower laws protect workers from retaliation if they expose wrongdoing—whether that’s financial fraud, health violations, or labor law breaches.
When Should You Speak to a Lawyer?
If you think your legal rights have been violated—whether as an employee or contractor—speaking with an employment lawyer is a smart first step. A qualified attorney can:
Help you understand your legal standing
Guide you through filing a claim or lawsuit
Defend your rights and pursue compensation
Employers facing claims can also benefit from legal support to understand their obligations and defend against disputes.
Think Your Employer Broke the Law?
If you recognize any of these issues in your own workplace experience, you may be entitled to compensation or legal protection. Get in touch today, we will review your situation and help you build your case.