1. The Fair Labor Standards Act of 1938
Sometimes called the Wages and Hours Act, this federal employment law stipulates regulations for minimum wage, overtime pay, equal pay, and child labor. Under the Fair Labor Standards Act, employers are forbidden from retaliating against an employee who reports an employer’s violations of worker rights. The law also prohibits employers from treating freelancers and contract workers as their employees.
2. The Family and Medical Leave Act of 1993
Considered a landmark in Federal labor law, the Family and Medical Leave Act allows qualified employees up to 12 weeks of medical leave each year to care for themselves or certain family members, without fear of losing their jobs or group health benefits. This law has allowed countless moms and dads to take time away from work to care for their newborns. It is stated in the federal employment law that an employee must return the same position or to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment after returning from leave.
3. Discrimination Laws
Since the passage of the Civil Rights Act of 1964, many different discrimination laws have been passed over the years. These laws have made it illegal for employers to discriminate against employees and applicants on the basis of age, disability, national origin, race, religion, genetics, or gender.
Although the U.S. Equal Employment Opportunity Commission (EEOC) is the largest enforcer of landmark discrimination laws, states across the country have also created their own laws that exceed the minimum protections provided by EEOC regulations.
Can a Federal Employee Sue Their Employer?
Employees working for private companies can sue their employer if they have been injured or wrongfully terminated, but what about federal employees?
The answer is yes, under certain circumstances. Federal employees can sue the federal government for wrongful termination and workplace discrimination, although the process for suing the federal government is different than suing private employers. While employees of private companies may bring lawsuits against employers in civil court, federal employees must first file a claim with an independent review body rather than the court system.
However, federal employees can't sue the government for workplace injuries resulting from a government agency's negligence. Although the Federal Tort Claims Act (FTCA) waives the government’s sovereign immunity lawsuits for injuries caused by federal agencies or employees, the FTCA does not apply to federal employees.
What Does a Federal Employment Lawyer Do?
We have helped clients handle conduct investigations, successfully navigate security clearance law matters, and fight against discrimination and harassment in the workplace. Whatever legal matter you face as a federal employee, we would be honored to provide the counsel and representation you deserve.