Employment and labor law is the branch of law related to activities or services performed by an employee for an employer for compensation or as an occupation and the organizations that represent them. Employment and labor law has evolved over time.

Employment and labor law grew out of the master and servant concept found in domestic relations. Historically, the husband was the ruling master in domestic relationships. The wife was to be subservient to the husband.

This balance of power in the employer/employee relationship begain shifting away from this master/servant concept in the early nineteenth century. As part of the Industrial Revolution, the master/servant concept gave way to the concept of freedom of contract. This may have resulted from the U.S. economy shifting away from labor-intensive manufacturing economy to a less labor-intensive knowledge economy.

Traditionally, the law considered employmt to be a private contract between the employer and employee. The employer and employer begain to be viewed as equals who stood on an equal footing. The pendulum of power has continued to sway in favor of employees. There have been occasional hiccups that have caused the momentum to swing backwards in favor of employers.

The employment laws enacted by Congress chronicle this struggle between employers and employees. Indeed, employement law can be viewed as a series of ad hoc laws attacking certain problems, such as wages, workplace regulations, retirement, etc. These ad hoc laws often overlap or have gaps in coverage.

The major employement and labor laws enacted by Congress include the:

• National Labor Relations Act (NLRA) of 1935
• Fair Labor Standards Act (FLSA) of 1938
• Equal Pay Act of 1963
• Title VII of the Civil Rights Act (Title VII) of 1964
• Age Descrimination in Employment Act (ADEA) of 1967
• Occupational, Safety, and Heath in Employment Act of 1970
• Rehabilitation Act of 1973
• Employee Retirement Income Security Act (ERISA) of 1974
• Americans with Disabilities Act (ADA) of 1991
• Family and Medical Leave Act (FMLA) of 1993

To better understand this law, it is helpful to pause to reflect on why employment is important. Let’s consider the reasons why employment is important.