| name | employment-labor |
| description | Employment and labor law skill for workplace legal issues. Use when the user needs assistance with employment policies, workplace compliance, discrimination, harassment, wage and hour, FMLA, ADA, OSHA, non-competes, or labor relations. Triggers on keywords like "employment", "employee", "HR", "harassment", "discrimination", "termination", "FMLA", "ADA", "wage", "overtime", "non-compete", "severance", "OSHA", "labor union". |
Employment & Labor Law
This skill provides expert guidance for employment law compliance, workplace policies, and labor relations.
Core Capabilities
1. Employment Policies
- Handbook drafting
- Policy development
- Compliance review
- Best practices implementation
2. Workplace Compliance
- Anti-discrimination
- Wage and hour
- Leave administration
- Safety compliance
3. Employee Relations
- Investigations
- Discipline and termination
- Severance agreements
- Restrictive covenants
4. Labor Relations
- Union organizing
- Collective bargaining
- Grievance handling
- NLRA compliance
Key Employment Statutes
Federal Laws
| Statute | Coverage | Key Requirements |
|---|
| Title VII | 15+ employees | No discrimination (race, color, religion, sex, national origin) |
| ADA | 15+ employees | Disability accommodation, no discrimination |
| ADEA | 20+ employees | Age discrimination (40+) |
| FMLA | 50+ employees | 12 weeks unpaid leave |
| FLSA | Most employers | Minimum wage, overtime |
| OSHA | Most employers | Workplace safety |
| ERISA | Benefit plans | Plan administration, fiduciary duties |
| COBRA | 20+ employees | Continuation coverage |
| WARN | 100+ employees | 60-day layoff notice |
| NLRA | Private sector | Union rights, collective bargaining |
State Law Considerations
- Many states have lower employee thresholds
- State minimum wages may exceed federal
- Additional protected classes
- Stricter leave requirements
- Pay transparency laws
- Ban-the-box laws
- Non-compete restrictions
Discrimination & Harassment
Protected Classes
Federal: Race, color, religion, sex (including pregnancy, sexual orientation, gender identity), national origin, age (40+), disability, genetic information
Common State Additions: Marital status, military status, political affiliation, criminal history, source of income
Discrimination Framework
Disparate Treatment (Intentional)
1. Prima facie case (protected class, qualified, adverse action, inference)
2. Employer's legitimate non-discriminatory reason
3. Employee shows pretext
Disparate Impact (Unintentional)
1. Neutral policy with discriminatory effect
2. Business necessity defense
3. Less discriminatory alternative
Harassment Standard
Elements:
- Unwelcome conduct
- Based on protected characteristic
- Severe or pervasive (altered work environment)
- Objectively and subjectively offensive
Employer Liability:
- Supervisor harassment with tangible employment action: strict liability
- Supervisor harassment without tangible action: affirmative defense available
- Co-worker harassment: negligence standard
Investigation Protocol
1. Receive complaint
2. Determine scope and investigator
3. Plan investigation
4. Interview complainant
5. Interview accused
6. Interview witnesses
7. Gather documents
8. Analyze evidence
9. Make credibility determinations
10. Reach conclusions
11. Determine appropriate action
12. Document findings
13. Communicate outcomes
14. Follow up
Wage and Hour
FLSA Exemptions
Salary Basis: Minimum $684/week ($35,568/year)
| Exemption | Primary Duty |
|---|
| Executive | Manage enterprise/department, supervise 2+ employees |
| Administrative | Office/non-manual work, exercise discretion on significant matters |
| Professional | Learned profession requiring advanced knowledge |
| Computer | Systems analyst, programmer, software engineer |
| Outside Sales | Customarily away from employer's place of business |
| Highly Compensated | $107,432+ total compensation, office work |
Overtime Calculation
Regular Rate = Total Compensation ÷ Hours Worked
Overtime Rate = Regular Rate × 1.5
Overtime Pay = Overtime Rate × Hours over 40
Include in Regular Rate: Hourly rate, salary, non-discretionary bonuses, shift differentials, commissions
Exclude: Discretionary bonuses, gifts, expense reimbursements, benefit plan contributions
Common Wage Issues
- Off-the-clock work
- Improper deductions from exempt salary
- Misclassification of exempt status
- Missed meal/rest breaks (state law)
- Tip pooling violations
- Independent contractor misclassification
Leave Administration
FMLA Requirements
Eligibility: 12 months employment, 1,250 hours in prior 12 months, 50 employees within 75 miles
Covered Reasons:
- Birth and care of newborn
- Placement for adoption/foster care
- Serious health condition of employee
- Serious health condition of family member
- Military caregiver/exigency
Employer Obligations:
- Provide eligibility notice (5 days)
- Provide rights and responsibilities notice
- Provide designation notice (5 days)
- Maintain health benefits
- Restore to same or equivalent position
Leave Tracking
| Leave Type | Duration | Paid/Unpaid |
|---|
| FMLA | 12 weeks/year | Unpaid (may use PTO) |
| Military Caregiver | 26 weeks/12 months | Unpaid |
| ADA Accommodation | Case-by-case | Usually unpaid |
| Jury Duty | As needed | Varies by state |
| Voting | 1-3 hours | Varies by state |
| Bereavement | Company policy | Usually paid |
Termination
Termination Checklist
Final Pay Requirements
| State | Voluntary Resignation | Involuntary Termination |
|---|
| California | 72 hours (or immediately if 72-hour notice) | Immediately |
| New York | Next regular payday | Next regular payday |
| Texas | Next regular payday | 6 days |
| Illinois | Next regular payday | Next regular payday |
Severance Agreements
Key Components:
1. Consideration (severance amount)
2. General release of claims
3. ADEA compliance (21/45 days, 7-day revocation)
4. Return of property
5. Cooperation clause
6. Non-disparagement
7. Confidentiality
8. Non-compete/non-solicit (if enforceable)
9. References
10. Acknowledgments
OWBPA Requirements (ADEA Releases):
- Written in plain language
- Specifically refers to ADEA
- Doesn't waive future claims
- Provides consideration beyond existing entitlements
- Advises in writing to consult attorney
- 21 days to consider (45 for group)
- 7 days to revoke
- Group disclosure if applicable
Restrictive Covenants
Types
| Covenant | Purpose | Typical Duration |
|---|
| Non-compete | Prevent competition | 6 months - 2 years |
| Non-solicit (employees) | Prevent employee poaching | 1-2 years |
| Non-solicit (customers) | Prevent customer diversion | 1-2 years |
| Confidentiality | Protect trade secrets | Indefinite |
| Non-disparagement | Prevent negative statements | Indefinite |
Enforceability Factors
- Legitimate business interest
- Reasonable geographic scope
- Reasonable time limitation
- Supported by consideration
- Not against public policy
State Restrictions
Non-compete bans: California, Minnesota, North Dakota, Oklahoma
Significant restrictions: Illinois, Massachusetts, Oregon, Washington
OSHA Compliance
General Duty Clause
"Furnish each employee employment and place of employment free from recognized hazards causing or likely to cause death or serious physical harm"
Key Requirements
Integration with Other Skills
- litigation: Employment litigation defense
- compliance-tracking: Regulatory compliance
- contract-lifecycle: Employment agreements
- corporate-ma: Employee matters in transactions
- legal-research: Employment case law
Reference Files
For detailed guidance:
references/handbook-template.md - Employee handbook templatereferences/investigation-guide.md - Investigation proceduresreferences/classification-analysis.md - Exemption analysis guide
