6.4 Labor and Employment Law Research

Labor and employment law is a complex field that impacts workers and businesses daily. This section covers key federal statutes, state laws, and administrative decisions that shape workplace rights and responsibilities.

Navigating legal databases is crucial for researching labor issues. We'll explore subscription services like Bloomberg Law and free resources like the Department of Labor website, as well as strategies for applying labor law to real-world scenarios.

Labor and Employment Law Sources

Key Federal Statutes and Regulations

Top images from around the web for Key Federal Statutes and Regulations

• 

  Court Allows FMLA Retaliation Suit To Proceed View original

  Is this image relevant?

• 

  Worker Rights | Human Resources Management View original

  Is this image relevant?

• 

  Worker Rights | Human Resources Management View original

  Is this image relevant?

• 

  Court Allows FMLA Retaliation Suit To Proceed View original

  Is this image relevant?

• 

  Worker Rights | Human Resources Management View original

  Is this image relevant?

1 of 3

Top images from around the web for Key Federal Statutes and Regulations

• 

  Court Allows FMLA Retaliation Suit To Proceed View original

  Is this image relevant?

• 

  Worker Rights | Human Resources Management View original

  Is this image relevant?

• 

  Worker Rights | Human Resources Management View original

  Is this image relevant?

• 

  Court Allows FMLA Retaliation Suit To Proceed View original

  Is this image relevant?

• 

  Worker Rights | Human Resources Management View original

  Is this image relevant?

1 of 3

• Key federal labor and employment statutes include:
  • Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, and other employment standards
  • National Labor Relations Act (NLRA) governs union-management relations and collective bargaining
  • Occupational Safety and Health Act (OSH Act) requires employers to provide a safe workplace
  • Family and Medical Leave Act (FMLA) provides job-protected leave for certain family and medical reasons
• Regulations implementing federal labor and employment statutes are primarily found in Title 29 of the Code of Federal Regulations (CFR)
  • Example: 29 CFR Part 1910 contains OSHA standards for general industry

State Laws and Case Law

• State labor and employment laws often supplement or expand upon federal protections
  • Example: some states have higher minimum wages or more expansive family leave laws than federal law
• These state-specific statutes and regulations must be consulted in addition to federal sources
• Labor and employment case law interprets and applies statutory and regulatory provisions
  • Relevant case law is issued by federal and state courts at various levels
  • Example: U.S. Supreme Court case Bostock v. Clayton County (2020) held that Title VII prohibits employment discrimination based on sexual orientation and gender identity

Administrative Decisions and Guidance

• Administrative decisions from agencies provide additional interpretive guidance:
  • National Labor Relations Board (NLRB) adjudicates unfair labor practice charges under the NLRA
  • Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws
  • Occupational Safety and Health Review Commission reviews OSHA citations and penalties
• These agencies also issue non-binding guidance documents, opinion letters, and policy statements that clarify how the law applies to specific situations

Navigating Legal Databases

Subscription Databases

• Bloomberg Law, Westlaw, and Lexis offer dedicated labor and employment law practice centers with curated collections of primary and secondary sources
  • Practice centers include statutes, regulations, case law, agency materials, treatises, and practice guides organized by topic
• CCH Labor Relations Reporter and BNA's Labor & Employment Law Resource Center are specialized subscription databases focusing exclusively on labor and employment law
  • These databases provide in-depth coverage of labor and employment developments, including full-text primary sources and expert analysis

Free Resources

• Free sources can provide access to primary sources and some commentary:
  • U.S. Department of Labor website contains statutes, regulations, agency decisions, opinion letters, and other guidance
  • State labor agency websites compile state-specific labor and employment laws and resources
  • Google Scholar offers a free, searchable database of federal and state case law
• While free resources can be useful, they may not be as comprehensive or easily navigable as subscription databases

Secondary Sources

• Secondary sources like treatises, practice guides, and law review articles offer in-depth analysis and can be used to locate relevant primary authority
• Key treatises include:
  • The Developing Labor Law provides a comprehensive overview of labor-management relations law
  • Employment Discrimination Law covers all aspects of workplace discrimination
  • Employee Benefits Law discusses laws governing employee benefit plans
• The ABA Section of Labor and Employment Law and the National Employment Lawyers Association (NELA) publish useful practice materials
  • Example: The ABA publishes a treatise called The Fair Labor Standards Act

Applying Labor Law to Scenarios

Issue Spotting and Jurisdiction

• Start by identifying the key facts and legal issues implicated by the problem or scenario
  • Example: A scenario involving a restaurant not paying overtime implicates the FLSA
• Determine whether federal law, state law, or both are relevant based on:
  • Type of employer (private sector, government, etc.)
  • Number of employees (some laws only apply to employers over a certain size)
  • Nature of the issue (discrimination, wage and hour, safety and health, etc.)

Rule Synthesis and Application

• Synthesize rules and holdings from applicable statutes, regulations, and case law
  • Pay attention to jurisdictional variations and splits of authority
  • Example: Federal circuits are split on whether time spent in security screenings is compensable under the FLSA
• Apply the synthesized rules to the facts, analogizing or distinguishing precedent cases as appropriate
  • Example: If a precedent case held that time spent donning protective gear is compensable, argue that time spent in security screenings is analogous and should also be compensable

Policy Considerations

• Consider policy arguments and social, economic, and political factors that may influence interpretation and application of labor and employment laws
  • Example: The FLSA was enacted in 1938 in part to ensure a fair standard of living for workers; this purpose should inform arguments about what activities are considered "work" that must be compensated
• Labor and employment laws balance employee protections with employer interests; analyzing competing policy considerations can help craft persuasive legal arguments

Research Plans for Labor Issues

Secondary Sources and Practice Centers

• Begin with secondary sources to gain an overview of the relevant area of labor and employment law and identify key primary sources
  • Consult treatises, practice guides, and law reviews for background and analysis
• Utilize specialized labor and employment law databases and practice centers to quickly locate on-point primary authority
  • Filter databases by content type, jurisdiction, and topic to retrieve targeted results

Jurisdiction-Specific Research

• Focus on jurisdiction-specific sources, including both federal and state materials as applicable
  • Federal statutes and regulations apply nationwide, but may be interpreted differently by circuit
  • State laws vary and must be researched separately; some states provide greater protections than federal law
• Consider agency decisions and guidance in addition to statutes, regulations, and case law
  • Administrative materials can clarify how agencies interpret and apply the law

Expanding Research and Validation

• Expand research to persuasive authority from other jurisdictions if binding authority is lacking
  • Look to other circuits, states with similar laws, and agency decisions for guidance
• Validate all primary sources through citators like Shepard's and KeyCite to ensure they remain good law
  • Citators identify negative treatment and show how sources have been interpreted by subsequent authorities