Anaya Nolan
Employment law is a broad and complex area of law that covers a wide range of issues, including discrimination, harassment, retaliation, wage disputes, worker misclassification, and more. There are various ways to find employment law cases, including using online databases such as Google Scholar, Westlaw, and Justia, which provide access to case law and legal information. Additionally, many U.S. states and local governments provide legal resources and self-help guides on employment-related issues, such as the California Courts Self Help Guide and Rutgers University's Employment and Labor Law Research Guide. These resources can provide valuable information on employment laws, rights, and procedures for resolving workplace disputes. Furthermore, organizations such as the Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) play a crucial role in enforcing federal and state laws against discrimination and protecting the rights of workers. By utilizing these resources and staying informed about landmark employment law cases, individuals can better understand their rights and navigate the complex landscape of employment law.
| Characteristics | Values |
|---|---|
| Search Tools | Google Scholar, Westlaw, Justia, Wisconsin State Law Library |
| Search Parameters | Court and Party Names, Legal Topic, Industry, Date Range, Docket Number |
| Case Sources | Supreme Court Decisions, State Law Resources, Federal Law Resources |
| Case Types | NLRB Cases, Discrimination, Harassment, Retaliation, Whistleblower Protections |
| Laws and Acts | Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Employee Retirement Income Security Act of 1974 |
| Case Examples | Wards Cove Packing Co. v. Atonio (1989), Price Waterhouse v. Hopkins (1989), McKennon v. Nashville Banner Publishing Co., Smith v. City of Jackson |
| Legal Aid | Legal Aid at Work (California), Division of Workers' Compensation, California Department of Fair Employment and Housing (DFEH), Equal Employment Opportunity Commission (EEOC) |
| Other | LawHelpCA.org/Work, California Employment Lawyers Association |
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What You'll Learn
Using online tools such as Google Scholar, Westlaw, and Justia
Google Scholar, Westlaw, and Justia are all useful online tools for finding employment law cases.
Google Scholar
Google Scholar allows users to search the Internet for legal decisions. While it is not as comprehensive or up-to-date as Westlaw, it is a quick way to find legal cases, sometimes providing just a citation that can be researched further with Westlaw and other scholarly sources. Google Scholar provides links to primary sources and is a great resource for Supreme Court decisions, state law resources, and federal law resources. To find case law, click on the "case law" radio button and choose your search terms. Advanced search features allow you to search for a phrase, exclude results with certain terms, or search by citation. After executing your search, you can use facets to narrow your results by jurisdiction.
Westlaw
Westlaw Campus Research includes "Black's Law Dictionary; full texts of U.S. federal & state laws, regulations, & court opinions; hundreds of law journals from the 1980s onward; the KeyCite citator; the legal encyclopedia American Jurisprudence 2d; the ALR case-finding system; and European Union legal material." Users can click on the "law" tab and enter keywords under advanced search, selecting which sources they would like to search. Westlaw is particularly useful for finding statutes, which can be searched by state.
Justia
Justia provides summaries of cases involving topics such as wage rights, employee benefits, discrimination and harassment, whistleblowing, and wrongful termination. Justia also provides an outline of key cases in employment law with links to the full text of virtually every case. In addition, Justia provides information on federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, and the Age Discrimination in Employment Act.
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Discrimination, harassment, or retaliation in the workplace
Google Scholar is a convenient and free tool that allows users to search the Internet for legal decisions. However, it is not as comprehensive or up-to-date as Westlaw. On Google Scholar, you can search for cases by court and party names, or you can use the "advanced search" feature to search by legal topic, industry, date range, and docket number.
If you are looking for cases related to discrimination, harassment, or retaliation in the workplace, you should familiarize yourself with the laws and resources provided by the Equal Employment Opportunity Commission (EEOC). The EEOC laws protect employees from discrimination, harassment, and retaliation at work.
Discrimination in the workplace can take many forms, such as demotion, denial of promotion, suspension, or termination, due to a person's race, color, religion, sex, national origin, age, disability, or genetic information. If you believe you have been discriminated against, you can file a lawsuit against your employer, but if the lawsuit is based on federal law, you must first file a complaint with the EEOC.
Harassment in the workplace involves unwelcome conduct that creates an intimidating, hostile, or abusive work environment. It can include sexual harassment, such as unwelcome sexual advances or offensive comments, or other forms of harassment based on a person's protected characteristics. If you have experienced harassment at work, you should follow the steps outlined by the EEOC, which may include filing a report and seeking legal aid or a lawyer.
Retaliation occurs when an employer treats an employee poorly because they engaged in a protected activity, such as filing an EEOC charge or investigation, discussing discrimination or harassment with a supervisor, or refusing to follow discriminatory orders. It is important to note that retaliation can also occur in the form of indirect actions, such as including negative information in an employee's personnel file or hindering their promotional opportunities. If you have faced retaliation for reporting harassment or discrimination, you can file a lawsuit and seek legal aid or representation.
By utilizing resources like Google Scholar and understanding the laws and procedures outlined by the EEOC, you can research and take action against discrimination, harassment, or retaliation in the workplace.
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Understanding the rights and obligations of employers and employees
Employee Rights and Obligations:
Employees have several basic rights that should be upheld by their employers. These rights include a safe and respectful work environment, free from discrimination or harassment. Employees are also entitled to a clear and comprehensive job description, outlining their duties and expectations. Additionally, employees have the right to timely and regular payment of their salaries, as per the specified payment schedule.
Other rights include equal pay, overtime, minimum wage protection, and access to workers' compensation if injured on the job. Employees also have the right to take action to resolve any mismatches in employment eligibility, such as through the E-Verify program, without facing adverse consequences.
Employees also have obligations to fulfil in the workplace. They are responsible for carrying out their allocated duties and embracing collaborative team dynamics to promote a positive work culture.
Employer Rights and Obligations:
Employers have the right to terminate the employment relationship with an employee, but this right is often governed by labour agreements and employment contracts, and applicable state laws. Employers can also monitor employees' public postings and take action if company policies are violated, although the limits of this right are still being defined in the context of social media usage.
Employers are obligated to provide a safe and respectful work environment, free from discrimination. They must also ensure compliance with labour laws and employment regulations, such as displaying E-Verify posters and providing employees with the necessary information and resources. Additionally, employers should understand the applicable federal and state laws governing their rights and obligations in the workplace.
Understanding the Legal Landscape:
To fully grasp their rights and obligations, both employers and employees can refer to legal resources such as Google Scholar, Westlaw, and state law libraries. These sources provide access to legal decisions, case law, and labour regulations that define the rights and responsibilities of both parties. Understanding these legal frameworks is crucial for navigating employment relationships effectively and ensuring compliance with the law.
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Seeking legal aid and advice
If you are facing employment law issues, there are several organisations that can provide legal aid and advice. These include:
- Legal Aid At Work: This is a California-based nonprofit legal services organisation that has been assisting working families with low incomes for over 100 years. They provide attorneys and over 100 factsheets on different areas of employment law, including equal pay, overtime, minimum wage protection, discrimination, and what to do if you get hurt at work. They also offer individualised legal advice and help, by phone and in person.
- The Employment Law Unit (ELU): This unit provides assistance to individuals facing a range of employment law issues, particularly those involving wage violations, workplace discrimination, sick, family, and medical leave, unemployment insurance, and labour trafficking. They also work in collaboration with the Immigration Law Unit to provide support to undocumented workers, who are particularly vulnerable to exploitation.
- Legal Aid Society: This society has an Employment Law Unit that provides assistance to individuals facing employment law issues, such as unpaid wages and minimum wage violations. They also collaborate with other legal organisations to strengthen their impact.
- LawHelp.org: This website helps individuals find free legal aid near them and get answers to their legal questions. Their services are targeted towards people with low to moderate incomes.
- Law Help Interactive: This program assists individuals in filling out legal forms for free.
- American Bar Association: This website allows people with low incomes to ask legal questions online and have them answered by a lawyer, excluding questions involving crimes.
In addition to these organisations, there are several state and federal government offices, such as the Division of Workers' Compensation and the California Department of Fair Employment and Housing (DFEH), that can provide assistance with employment-related cases. These agencies can help resolve disputes, enforce civil rights laws, and protect individuals from discrimination in the workplace.
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Recent landmark cases
The United States labor landscape has evolved dramatically over the past decade, with landmark cases shaping the rights and obligations of employers and employees. Here are some recent landmark employment law cases:
Bostock v. Clayton County (2020)
The Supreme Court ruled that Title VII prohibits discrimination against employees based on sexual orientation and transgender status. This was a landmark decision protecting the LGBTQ community from discrimination in employment under federal law.
Groff v. DeJoy (2023)
This case, decided by the US Supreme Court in June 2023, centered around the issue of religious accommodations in the workplace. The Court sought to clarify the "undue hardship" standard under Title VII of the Civil Rights Act. The case involved a postal worker, Gerald Groff, who requested time off on Sundays to observe his religious beliefs.
Uber contractual arrangements
The Supreme Court rejected Uber's contractual arrangements, ruling that Uber drivers are workers rather than independent contractors. This decision has far-reaching implications for the gig economy, suggesting that companies cannot simply label their workers as independent contractors to avoid legal obligations.
Restaurant Law Center v. LABR and Mayfield v. LABR
These pending cases in the U.S. Court of Appeals for the Fifth Circuit involve meal and rest break requirements for employees. The restaurant industry is challenging the Department of Labor's interpretation of the FLSA's meal and rest break requirements, arguing for flexibility in managing their workforce. In contrast, the Mayfield case involves an employee claiming that her employer's failure to maintain records of her meal and rest breaks is a violation of California law.
Now Bus. Intel. Inc. V. Donahue
The Superior Court rejected an employee's material change defense to the enforceability of a non-compete clause. The Court held that temporary and short-term changes to an employee's job duties did not render the post-employment restriction unenforceable.
Griggs v. Duke Power Co. (1971)
This was the first case in the US Supreme Court to use the "disparate impact" theory, which states that if an employer's practices disproportionately impact protected groups, it may be considered discriminatory, regardless of intent. This case highlighted employment discrimination law and Title VII labor laws.
These cases demonstrate the dynamic nature of employment law and the ongoing efforts to protect the rights of employees and employers.
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Frequently asked questions
You can use Google Scholar to search for legal decisions for free. However, this may not be comprehensive or up-to-date. Alternatively, you can refer to the Labor Commissioner's web page, which provides information on laws that prohibit retaliation and discrimination at work.
Here are some examples of employment law cases:
- Wards Cove Packing Co. v. Atonio (1989)
- Price Waterhouse v. Hopkins (1989)
- McKennon v. Nashville Banner Publishing Co.
- Smith v. City of Jackson
- Ricci v. DeStefano
- Kolstad v. American Dental Ass'n
Some recent landmark employment law cases include:
- Groff v. DeJoy (June 2023)
- Relentless v. Department of Commerce (January 2024)
- Loper Bright Enterprises v. Raimondo (January 2024)
- Moliga v. Qdoba Restaurant Corporation (July 2023)
