Federal Employee Rights:
What Every US Worker Should Know.

Overview: The Federal Employment Law Framework

Federal employment law creates a minimum level of protection that applies in every state. State laws can (and often do) provide stronger protections, but they cannot provide less. The key federal employment statutes every worker should know are: the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the National Labor Relations Act (NLRA), the Occupational Safety and Health Act (OSHA), and the Pregnant Workers Fairness Act (PWFA).

Fair Labor Standards Act (FLSA): Wages and Overtime

The Fair Labor Standards Act (FLSA) governs federal minimum wage, overtime pay, recordkeeping, and child labor standards for most private and public sector employees.

Federal minimum wage (2026)

• Federal minimum wage: $7.25/hour — unchanged since July 24, 2009
• Most states have set higher minimum wages — workers always receive the higher of federal, state, or local rates
• Tipped employees: federal minimum cash wage is $2.13/hour, but total compensation with tips must reach $7.25/hour — if tips fall short, the employer must make up the difference

Overtime rules (2026)

• Non-exempt employees are entitled to 1.5× their regular rate for all hours over 40 per workweek
• The DOL's 2025 final rule: salary threshold for white-collar (executive, administrative, professional) overtime exemptions is $58,656/year ($1,128/week)
• Highly compensated employee exemption: $151,164/year (2025 rule)
• The 2025 rule is subject to ongoing federal court litigation; check DOL.gov for current status
• Computer professionals paid hourly (at least $27.63/hour) may also qualify for exemption
• Overtime is not waivable: An employer cannot ask you to waive overtime pay — any such agreement is void

Child labor rules

• Workers under 14: generally may not work except in limited circumstances (family farms, entertainment)
• Ages 14–15: limited hours and types of work (no hazardous jobs); max 3 hours/day on school days
• Ages 16–17: may work any non-hazardous job with no hour restrictions under federal law
• DOL increased child labor enforcement significantly in 2024–2025 following high-profile violations

Title VII: Anti-Discrimination Protections

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, national origin, sex, and religion. It applies to employers with 15 or more employees. The Supreme Court's ruling in Bostock v. Clayton County (2020) confirmed that Title VII's prohibition on sex discrimination includes sexual orientation and gender identity.

What Title VII prohibits

• Discriminatory hiring, firing, promotion, compensation, or any other term of employment
• Harassment based on a protected characteristic that is severe or pervasive enough to create a hostile work environment
• Retaliation against employees who report discrimination or participate in an investigation
• Discriminatory job postings, application requirements, or pre-employment tests that have a disparate impact on protected groups without business justification

Filing a Title VII claim: timelines and process

• File a charge with the EEOC within 180 days of the discriminatory act (or 300 days in states with their own anti-discrimination agencies — which includes most states)
• The EEOC investigates and either mediates, litigates, or issues a "right to sue" letter
• Once you receive a right-to-sue letter, you have 90 days to file a lawsuit in federal court
• Filing with the EEOC is required before a federal Title VII lawsuit — this is called "exhaustion of administrative remedies"

Americans with Disabilities Act (ADA)

The ADA (42 U.S.C. §12101) prohibits discrimination against qualified individuals with disabilities in employment and requires employers to provide reasonable accommodations. Applies to employers with 15 or more employees.

What is a disability under the ADA?

Following the ADA Amendments Act of 2008 (ADAAA), "disability" is interpreted broadly:

• A physical or mental impairment that substantially limits a major life activity (walking, seeing, breathing, concentrating, caring for oneself, etc.)
• A record of such impairment (history of cancer, past mental health treatment, etc.)
• Being regarded as having such impairment (employer perceives you as disabled even if you are not)

Reasonable accommodation

• Employers must provide reasonable accommodation for known disabilities unless doing so causes undue hardship
• Examples: modified work schedule, remote work, physical modifications to workspace, reassignment to a vacant position, leave of absence
• The process: employee requests accommodation → employer engages in the "interactive process" → parties discuss options → employer implements an effective accommodation
• Employer cannot demand medical documentation beyond what is necessary to confirm the disability and identify functional limitations
• Employer cannot retaliate against an employee for requesting or using an accommodation

Family and Medical Leave Act (FMLA)

The FMLA (29 U.S.C. §2601) entitles eligible employees to take unpaid, job-protected leave for specific family and medical reasons. Applies to employers with 50 or more employees within 75 miles of the worksite.

FMLA eligibility

• Worked for the employer for at least 12 months
• Worked at least 1,250 hours in the past 12 months
• Work at a location where the employer has 50+ employees within 75 miles

Qualifying reasons for FMLA leave

• Birth, adoption, or foster placement of a new child (leave must be taken within 12 months of the event)
• Serious health condition of the employee
• Caring for a spouse, child, or parent with a serious health condition
• Qualifying military exigency related to a family member's covered military service
• Up to 26 weeks to care for a covered servicemember with a serious injury or illness (military caregiver leave)

FMLA protections

• Leave may be taken all at once, intermittently, or as a reduced schedule
• Employer must maintain health insurance coverage during FMLA leave
• Employer must restore you to the same or an equivalent position when you return
• FMLA leave cannot be counted against you in attendance policies or performance reviews

Pregnant Workers Fairness Act (PWFA) — Effective June 27, 2024

The PWFA is one of the most significant new federal employment laws in years. It fills gaps left by the ADA and the Pregnancy Discrimination Act by requiring employers with 15+ employees to provide reasonable accommodations for limitations related to pregnancy, childbirth, or related medical conditions — even if the condition does not rise to the level of a disability under the ADA.

• Covers: morning sickness, gestational diabetes, postpartum depression, recovery from childbirth, lactation, prenatal appointments, and more
• Employer must engage in the interactive process and provide a reasonable accommodation unless it causes undue hardship
• Employer cannot force an employee to take leave if another reasonable accommodation is available
• Retaliation for requesting PWFA accommodations is prohibited
• File a charge with the EEOC within 180 or 300 days (same process as Title VII)

National Labor Relations Act (NLRA): Union Rights

The NLRA (29 U.S.C. §151) protects the rights of most private sector employees to engage in collective action, regardless of whether they are in a union. Applies to most private sector employers (excludes railway and airline workers, agricultural workers, and certain supervisors and managers).

Section 7 rights

• The right to form, join, or assist a union
• The right to bargain collectively through representatives of their choice
• The right to engage in concerted activities for mutual aid or protection — this includes group complaints about working conditions even without a union
• The right to refrain from union activities (you cannot be forced to join a union in "right to work" states)

What employers cannot do under the NLRA

• Threaten employees for union organizing activity
• Interrogate employees about their union views or activities
• Spy on or surveil union meetings
• Promise benefits to discourage unionization
• Discipline or fire employees for protected concerted activity (even a group text complaining about wages can be protected)
• Prohibit employees from discussing their wages with coworkers — pay secrecy policies that do this are illegal under the NLRA

OSHA: Workplace Safety Rights

The Occupational Safety and Health Act (29 U.S.C. §651) gives workers the right to a safe workplace, free from recognized hazards that are causing or are likely to cause death or serious physical harm.

• The right to request an OSHA inspection if you believe your workplace is unsafe — you can do so anonymously
• The right to refuse dangerous work if you have a reasonable belief that you face imminent serious injury or death and there is not enough time to contact OSHA
• The right to receive training on workplace hazards in a language you understand
• Anti-retaliation: OSHA §11(c) prohibits employer retaliation for reporting safety concerns or filing an OSHA complaint. File a retaliation complaint with OSHA within 30 days of the retaliatory act
• OSHA penalties: up to $16,131 per violation for serious violations; up to $161,323 for willful or repeat violations (2026 rates)

Where to File Federal Employment Claims

• Wage and overtime (FLSA): US Department of Labor Wage and Hour Division — dol.gov/agencies/whd — free; 2–3 year statute of limitations
• Discrimination and harassment (Title VII, ADA, ADEA, PWFA): EEOC — eeoc.gov — file within 180 or 300 days of the act
• FMLA violations: US Department of Labor Wage and Hour Division — 2-year statute of limitations (3 years for willful violations)
• NLRA violations (union/concerted activity): National Labor Relations Board — nlrb.gov — file an unfair labor practice charge within 6 months of the violation
• OSHA safety and retaliation complaints: OSHA.gov or 1-800-321-OSHA — retaliation complaints must be filed within 30 days for most statutes