Часть 4: Юридическое соответствие и трудовое право
A Comprehensive Guide to US Employment Law for International HR Professionals
The United States employment law system is notably complex, especially for international HR professionals. Unlike many countries that have a single, comprehensive labor code, US employment law consists of multiple federal statutes, state laws, local ordinances, and common law principles.
Russia operates under the Labor Code of the Russian Federation (Трудовой кодекс Российской Федерации), a comprehensive document that covers most employment matters in one place.
United States has no single labor code. Instead, employment law comes from:
Understanding the relationship between federal and state employment laws is crucial:
| Level | Scope | Key Principle |
|---|---|---|
| Federal Laws Федеральные законы |
Apply to all employers nationwide (subject to size thresholds) | Set the minimum standard that all states must follow |
| State Laws Законы штатов |
Apply only within that specific state | Can provide MORE protection than federal law, but not less |
| Local Laws Местные законы |
City or county-specific | Can be more restrictive than state or federal law |
When federal, state, and local laws conflict, employers must follow whichever law provides the most protection to the employee. This is fundamentally different from many civil law systems.
The United States follows the Employment-At-Will doctrine, which is radically different from most countries:
Unless there is a contract stating otherwise:
Under the Labor Code of the Russian Federation:
The at-will doctrine means US employers have significantly more flexibility in termination decisions than Russian employers. However, this freedom is limited by anti-discrimination laws, which are much more extensive in the US than in Russia.
In practice, most professional employers still provide notice and severance as a business courtesy and to avoid wrongful termination claims.
Many US employment laws only apply to employers with a certain number of employees:
| Number of Employees | Laws That Apply |
|---|---|
| 1+ |
• FLSA (wage/hour laws) • OSHA (workplace safety) • Immigration laws (I-9) • Workers' compensation • Unemployment insurance |
| 15+ |
• Title VII (discrimination) • ADA (disability discrimination) • GINA (genetic information) • Pregnancy Discrimination Act |
| 20+ |
• ADEA (age discrimination) • COBRA (health insurance continuation) |
| 50+ |
• FMLA (family/medical leave) • ACA (Affordable Care Act) employer mandate • EEO-1 reporting requirements |
| 100+ |
• WARN Act (mass layoff notice) • Enhanced EEO-1 reporting |
US employment laws are enforced through multiple channels:
Employees can sue employers directly in court for violations. The US is highly litigious:
Rare, but possible for serious violations:
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing federal anti-discrimination laws. It was established by Title VII of the Civil Rights Act of 1964.
Russia does not have a single agency equivalent to the EEOC. Labor disputes are primarily handled through:
The EEOC is much more proactive and powerful than Russian equivalents.
US federal law prohibits employment discrimination based on specific protected characteristics. Understanding these is fundamental to US HR compliance:
| Protected Class | Federal Law | Employer Coverage | Key Points |
|---|---|---|---|
| Race Раса |
Title VII (1964) | 15+ employees | Includes color, hair texture, protective hairstyles |
| Color Цвет кожи |
Title VII (1964) | 15+ employees | Distinct from race (can discriminate within same race) |
| National Origin Национальное происхождение |
Title VII (1964) | 15+ employees | Includes ancestry, ethnicity, accent, language |
| Religion Религия |
Title VII (1964) | 15+ employees | Requires reasonable accommodation unless undue hardship |
| Sex Пол |
Title VII (1964) | 15+ employees | Includes pregnancy, sexual orientation, gender identity |
| Age Возраст |
ADEA (1967) | 20+ employees | Only protects 40+ (no protection for being "too young") |
| Disability Инвалидность |
ADA (1990) | 15+ employees | Requires reasonable accommodation; very broad definition |
| Genetic Information Генетическая информация |
GINA (2008) | 15+ employees | Includes family medical history |
| Pregnancy Беременность |
PDA (1978) | 15+ employees | Amendment to Title VII; requires accommodation |
| Military/Veteran Status Военный/ветеран статус |
USERRA (1994) | All employers | Job protection for military service |
| Citizenship Status Статус гражданства |
INA (1986) | 4+ employees | Protects authorized workers from citizenship discrimination |
Many states protect additional characteristics not covered by federal law:
Discrimination can take multiple forms under US law:
Intentionally treating someone differently because of a protected characteristic.
A hiring manager says, "We need someone younger and more energetic for this role," and rejects a 55-year-old qualified applicant in favor of a 30-year-old.
Why it's illegal: Age (40+) is a protected class, and the decision was explicitly based on age.
A seemingly neutral policy that disproportionately affects a protected group.
A company requires all applicants to have a college degree for an entry-level warehouse position. This requirement disproportionately excludes Black and Hispanic candidates, and the employer cannot show it's necessary for the job.
Why it's illegal: The requirement has a disparate impact on protected groups and is not job-related.
Unwelcome conduct based on a protected characteristic that creates a hostile work environment.
Coworkers repeatedly make jokes about an employee's accent and ask "Where are you really from?" even after being asked to stop. The employee feels uncomfortable and isolated.
Why it's illegal: Creates a hostile work environment based on national origin.
Punishing an employee for complaining about discrimination or participating in an investigation.
An employee files an EEOC complaint about gender discrimination. Two weeks later, she receives her first-ever negative performance review and is denied a promotion she was previously promised.
Why it's illegal: Retaliation is independently illegal, even if the underlying discrimination claim is not proven.
Retaliation claims are the #1 most common charge filed with the EEOC (over 55% of all charges include retaliation). Importantly:
Understanding the EEOC complaint process is essential for HR professionals:
Title VII of the Civil Rights Act of 1964 is the cornerstone of US anti-discrimination law. It was passed during the Civil Rights Movement and represents a fundamental shift in American employment practices.
Before Title VII, it was legal in the US to:
Title VII made all of these practices illegal and transformed American workplaces.
Race and color are distinct protected classes:
| Race | Color |
|---|---|
| Common ancestry, ethnic characteristics | Pigmentation, skin tone, complexion |
| Example: African American, Asian, Caucasian, Native American | Example: Light-skinned vs. dark-skinned within same racial group |
Multiple states have passed the Creating a Respectful and Open World for Natural Hair (CROWN) Act, which prohibits discrimination based on hairstyles associated with race:
An employer's grooming policy states "hair must be straight and professional-looking" and refuses to hire a Black applicant who wears locs.
Why it's illegal: This policy has a disparate impact on Black applicants and targets hairstyles associated with race.
National origin discrimination is particularly relevant for international HR professionals and immigrant workers.
A manager tells an employee with a Russian accent, "Speak English properly or don't speak at all. This is America." The employee's accent does not interfere with their ability to perform their job duties.
Why it's illegal: Harassment based on accent/national origin, creating hostile work environment.
An employer requires English fluency for a customer service role where clear communication is essential. The requirement is applied equally to all applicants and is job-related.
Why it's legal: Business necessity; the requirement is directly related to essential job functions.
General Rule: Blanket "English-only" rules are presumptively discriminatory.
Exception: Can require English during specific times if there's a business necessity:
Religious discrimination has unique requirements under Title VII, including a duty to accommodate.
Employers must provide reasonable accommodation for religious beliefs unless it would cause undue hardship.
| Common Accommodations | Examples |
|---|---|
| Schedule Changes |
• Time off for Sabbath observance • Breaks for prayer • Avoiding work on holy days |
| Dress/Grooming |
• Hijabs, turbans, yarmulkes • Religious jewelry (crosses, etc.) • Beards, uncut hair |
| Job Duties |
• Exemption from certain tasks • Swap assignments with coworkers • Lateral transfer |
| Workplace Environment |
• Private space for prayer • Accommodation for religious dietary needs • Opt-out from company events with religious elements |
An employee who observes the Sabbath from Friday evening to Saturday evening requests not to work during those hours. The employer adjusts the schedule so the employee works Sunday through Thursday instead.
Why it's compliant: Reasonable accommodation provided without undue hardship.
An employer has a "no hats" policy for customer-facing employees. A Sikh employee requests to wear a turban as part of his religious practice. The employer refuses, saying "no exceptions to the policy."
Why it's illegal: Failure to provide reasonable religious accommodation; company image preference is not undue hardship.
IMPORTANT: The "undue hardship" standard for religious accommodation is DIFFERENT (and easier to meet for employers) than the ADA disability accommodation standard.
Title VII Religious Accommodation: Undue hardship = more than de minimis (minimal) cost or burden
ADA Disability Accommodation: Undue hardship = significant difficulty or expense (much higher threshold)
Note: There have been recent Supreme Court cases suggesting this standard may be raised, so consult current guidance.
Sex discrimination under Title VII has expanded significantly since 1964 and now includes:
"We need a man for this physically demanding role" or "Women are better at nurturing, so they're better for childcare positions."
Why it's illegal: Sex-based stereotypes, even if statistically accurate on average, cannot be applied to individuals.
An employer doesn't hire an obviously pregnant applicant, thinking "She'll just go on leave immediately anyway."
Why it's illegal: Pregnancy Discrimination Act requires treating pregnancy the same as any other temporary medical condition.
An employee transitions from male to female. The employer terminates her employment, saying customers will be "uncomfortable."
Why it's illegal: Discrimination based on gender identity is sex discrimination (Bostock decision).
The Pregnant Workers Fairness Act (PWFA), effective June 2023, requires employers to provide reasonable accommodations for pregnancy, childbirth, and related conditions:
Sexual harassment is a form of sex discrimination. There are two types:
When job benefits are conditioned on sexual favors.
A supervisor tells an employee, "Go out with me this weekend, or I'll make sure you don't get that promotion."
Why it's illegal: Classic quid pro quo harassment; employer is automatically liable.
Unwelcome sexual conduct that is severe or pervasive enough to create an abusive work environment.
Coworkers regularly make sexual jokes, display pornographic images on their computers, and make comments about female employees' bodies. Management is aware but does nothing.
Why it's illegal: Creates hostile work environment; employer knew or should have known and failed to act.
Supervisor Harassment: Employer is automatically liable if supervisor harasses employee
Co-worker Harassment: Employer is liable if it knew or should have known and failed to take prompt corrective action
Defense: Faragher-Ellerth defense available if:
These cases demonstrate that Title VII violations can result in massive liability.
The Americans with Disabilities Act (ADA), passed in 1990, is one of the most comprehensive civil rights laws in the United States. Title I of the ADA prohibits disability discrimination in employment.
Russia: The Federal Law "On Social Protection of Disabled Persons in the Russian Federation" (Федеральный закон "О социальной защите инвалидов в Российской Федерации") provides some employment protections, but:
US ADA: Much broader definition of disability, stronger accommodation requirements, no quota system, protects people with past disabilities or perceived disabilities.
The ADA has a very broad definition of disability. A person has a disability if they have:
Include, but are not limited to:
| Category | Examples |
|---|---|
| Physical Disabilities | Blindness, deafness, mobility impairments, cerebral palsy, multiple sclerosis, epilepsy, HIV/AIDS, cancer, diabetes |
| Mental/Psychological | Depression, anxiety disorders, PTSD, bipolar disorder, schizophrenia, intellectual disabilities |
| Learning Disabilities | Dyslexia, ADHD, autism spectrum disorder |
| Chronic Illnesses | Lupus, Crohn's disease, heart disease, chronic pain conditions |
Congress passed the ADAAA in response to Supreme Court decisions that narrowed the ADA's scope. The ADAAA:
The ADA only protects "qualified individuals with disabilities." A qualified individual is someone who:
These are the fundamental job duties—the reason the position exists.
Position: Truck Driver
Essential Function: Driving a truck safely
Marginal Function: Loading/unloading cargo (could potentially be reassigned)
An applicant who is blind cannot be a truck driver because they cannot perform the essential function of driving, even with accommodation.
Position: Office Administrator
An employer refuses to hire a qualified applicant who uses a wheelchair because the position "requires walking to deliver mail to other offices." However, mail delivery is a marginal function that could be reassigned to another employee.
Why it's illegal: Employer must consider reasonable accommodation (reassigning marginal function).
The centerpiece of the ADA is the requirement that employers provide reasonable accommodation to qualified individuals with disabilities, unless doing so would cause undue hardship.
| Category | Examples |
|---|---|
| Modifications to Work Environment |
• Installing ramps, widening doorways • Adjustable desks, ergonomic chairs • Reserved parking space • Improved lighting |
| Assistive Technology |
• Screen readers for blind employees • Voice recognition software • TTY devices for deaf employees • Specialized keyboards or mice |
| Schedule Modifications |
• Flexible work hours • Part-time schedule • Additional breaks • Leave for medical treatment |
| Job Restructuring |
• Reassigning marginal functions • Changing how tasks are performed • Breaking down complex tasks • Modifying training methods |
| Policy Modifications |
• Allowing service animals • Modifying "no food/drink" policies for diabetics • Changing attendance policies • Remote work arrangements |
| Reassignment |
• Transfer to vacant position (last resort) • Must be to equivalent position if available • No requirement to create new positions • No requirement to bump other employees |
The ADA requires an interactive process between employer and employee to determine appropriate accommodation. This is a flexible, informal dialogue.
Courts have held that failure to engage in the interactive process is itself a violation, even if a reasonable accommodation couldn't have been found. Employers must make good faith efforts to engage.
An employee with depression tells her supervisor, "I'm having trouble concentrating and getting to work on time due to my medication side effects."
Employer's Response:
An employee with a back injury requests a standing desk. The employer immediately responds, "We don't have the budget for that. Request denied." No discussion of alternatives, no consideration of low-cost options, no exploration of the employee's needs.
Why it's illegal: Failure to engage in interactive process; didn't explore alternatives (e.g., desktop riser costs $50-100).
Employers are NOT required to provide accommodation if it would cause undue hardship—significant difficulty or expense.
The ADA's undue hardship standard is much higher than Title VII's religious accommodation standard. Factors:
A small nonprofit with 18 employees and an annual budget of $500,000 receives a request for a $75,000 specialized vehicle to accommodate an employee's wheelchair. This represents 15% of the organization's entire budget.
Why it's undue hardship: Significant expense relative to employer's financial resources and size.
A Fortune 500 company with billions in revenue denies an accommodation that costs $5,000, claiming "We can't afford it" and "It's not in our budget."
Why it's NOT undue hardship: Cost is insignificant relative to employer's resources; budget constraints alone are insufficient.
The ADA strictly limits when employers can make disability-related inquiries or require medical examinations:
| Stage | What's Allowed | What's Prohibited |
|---|---|---|
| Pre-Offer (Application/Interview) |
✓ Ask about ability to perform job functions ✓ Ask applicant to describe/demonstrate how they would perform functions ✓ Conditional job offers |
✗ Ask if applicant has a disability ✗ Ask about nature or severity of disability ✗ Require medical examination ✗ Ask about workers' comp history ✗ Ask about prescription medications |
| Post-Offer (Before Employment Starts) |
✓ Require medical examination ✓ Ask disability-related questions ✓ Condition offer on exam results (Must be required of ALL entering employees in same job category) |
✗ Use information to discriminate ✗ Withdraw offer unless job-related and consistent with business necessity |
| During Employment |
✓ Medical exam if job-related and consistent with business necessity ✓ Voluntary wellness programs ✓ Inquiries related to accommodation request ✓ Fitness-for-duty exams (if job-related) |
✗ General health inquiries ✗ Disability-related questions (unless job-related) ✗ Sharing medical info with non-need-to-know personnel |
ILLEGAL: "Do you have any disabilities?" or "Have you ever been treated for mental health issues?"
LEGAL: "Can you perform the essential functions of this job, with or without reasonable accommodation?"
Medical information must be:
Notable Recent Settlements:
The Age Discrimination in Employment Act (ADEA), passed in 1967, protects workers age 40 and older from age-based discrimination.
The ADEA only protects people 40 and older. There is NO federal protection against discrimination for being "too young." A 25-year-old has no ADEA claim.
Exception: Some states (e.g., California, New York) protect all ages.
Russia: Article 3 of the Labor Code prohibits age discrimination for all ages, but enforcement is limited. Mandatory retirement ages exist for certain professions. Age-based job postings were common until recent years.
United States: Strong enforcement of ADEA; age-based job postings are illegal; mandatory retirement is prohibited for most jobs.
A job posting seeks "recent college graduates," "digital natives," or "high-energy young professionals."
Why it's illegal: Code words that discourage older workers from applying.
A hiring manager states, "We need someone who can grow with the company" or "We're looking for fresh thinking" to justify rejecting a 60-year-old candidate.
Why it's illegal: Age-based assumptions; older workers can also "grow with company" and provide fresh thinking.
During downsizing, employer selects employees for layoff based on "years to retirement" or proximity to pension eligibility.
Why it's illegal: Directly targeting older workers for termination.
Manager frequently tells 55-year-old employee, "Maybe it's time to retire and make room for younger blood," or "Can you keep up with the millennials?"
Why it's illegal: Age-based harassment creating hostile work environment.
Employer provides professional development opportunities to younger employees but tells older employees "it's not worth the investment at your age."
Why it's illegal: Age-based denial of benefits/opportunities.
| Avoid These Phrases | Why They're Problematic |
|---|---|
| "Overqualified" | Often code for "too old"; use specific reasons if not hiring |
| "Digital native" | Implies younger worker; use specific tech skills needed instead |
| "High energy" / "Dynamic" | Can be age-coded; older workers can also be energetic |
| "Recent graduate" | Excludes older applicants; use experience level needed instead |
| "Young and hungry" | Explicitly age-related; illegal in job posting |
The ADEA includes a narrow exception for Bona Fide Occupational Qualification (BFOQ). Age can be a BFOQ only when:
Courts interpret BFOQ very restrictively. Customer preference is never a BFOQ. Cost savings is never a BFOQ. Most employers will never have a valid BFOQ defense.
The ADEA's benefits provisions are complex. General rule: benefits must be equal for all employees, regardless of age.
For certain benefits (like life insurance) where costs increase with age, employer can either:
The Older Workers Benefit Protection Act (OWBPA), part of the ADEA, sets strict requirements for waivers of age discrimination claims.
If terminating 2+ employees as part of exit incentive or reduction in force, must provide:
Employer gives 55-year-old terminated employee a severance agreement with only 7 days to sign and no revocation period.
Why it's invalid: Doesn't meet OWBPA requirements; waiver is unenforceable; employee can still sue and keep the severance.
Recent High-Profile ADEA Cases:
The Fair Labor Standards Act (FLSA), enacted in 1938, establishes minimum wage, overtime pay, recordkeeping, and child labor standards. It is one of the most frequently violated employment laws.
Russia: Labor Code sets minimum wage (currently around $200/month), maximum 40-hour workweek, overtime at 1.5x-2x rate, strict regulations on working hours and rest periods.
Key Differences:
The most critical FLSA determination: Is the employee exempt (not entitled to overtime) or non-exempt (entitled to overtime)?
| Non-Exempt Employees | Exempt Employees |
|---|---|
|
• Must be paid overtime (1.5x) for hours over 40/week • Can be hourly or salaried • Must track hours worked • Entitled to meal/rest breaks (if required by state law) • Can have pay docked for partial-day absences |
• Not entitled to overtime pay • Must be paid on salary basis • Must meet salary threshold ($684/week = $35,568/year as of 2024) • Must meet duties test • Cannot have pay docked for partial-day absences (with limited exceptions) |
MYTH: "If I pay someone a salary, they're exempt from overtime."
REALITY: Being paid a salary is only ONE requirement. The employee must ALSO meet the salary threshold AND duties test. Job title is irrelevant.
To qualify for most white-collar exemptions, employees must meet ALL THREE tests:
Employee must be paid a predetermined amount each pay period that:
An "exempt" employee's pay is docked $200 because they left 2 hours early on Friday for a doctor's appointment (and their PTO was exhausted).
Why it's illegal: Cannot dock pay for partial-day absences; this destroys the salary basis and the exemption.
Employee must earn at least the federal minimum, currently:
Employee's primary duties must meet specific criteria for one of the exemptions.
Primary duty must be:
Primary duty must be:
Learned Professional:
Creative Professional:
Primary duty must involve:
Primary duty must be:
Why it's illegal: Job title doesn't determine exemption; must meet duties test.
Why it's illegal: All time "suffered or permitted to work" must be compensated.
Why it's illegal: If employee is not completely relieved of duties, break is compensable.
Why it's illegal: Destroys salary basis; employee becomes non-exempt and entitled to overtime.
Why it's illegal: "Regular rate" for overtime must include non-discretionary bonuses.
Why it's illegal: Comp time in lieu of overtime is ILLEGAL in private sector (allowed in public sector with restrictions).
Why it's illegal: These are employees under FLSA economic reality test.
FLSA requires employers to maintain specific records for ALL employees (exempt and non-exempt):
Recent Major FLSA Settlements:
FLSA violations can result in massive collective actions with hundreds or thousands of employees.
The Family and Medical Leave Act (FMLA), enacted in 1993, requires covered employers to provide unpaid, job-protected leave for specific family and medical reasons.
Russia: Labor Code provides extensive paid leave:
US FMLA: Leave is UNPAID (though employees can use accrued paid time off). This is shocking to many international HR professionals, but reflects US approach to minimal statutory benefits.
Employee has worked full-time (40 hours/week) for 18 months at a location with 75 employees. Requests FMLA leave for birth of child.
Result: Eligible for 12 weeks FMLA leave.
Employee has worked for 14 months but only works 20 hours/week (1,040 hours/year). Requests FMLA leave.
Result: Not eligible; doesn't meet 1,250-hour requirement.
| Reason | Details | Duration |
|---|---|---|
| Birth/Care of Child | Birth and bonding with newborn child | 12 weeks (must be taken within 1 year of birth) |
| Adoption/Foster Care | Placement of child for adoption or foster care | 12 weeks (must be taken within 1 year of placement) |
| Serious Health Condition (Self) | Employee's own serious health condition that makes them unable to work | 12 weeks |
| Serious Health Condition (Family) | Care for spouse, child, or parent with serious health condition | 12 weeks |
| Military Caregiver | Care for covered military servicemember with serious injury/illness | 26 weeks in single 12-month period |
| Qualifying Exigency | Military family leave when family member deployed | 12 weeks |
An illness, injury, impairment, or physical/mental condition involving:
Employee must be restored to:
For medical conditions, leave can be taken:
Employee with rheumatoid arthritis needs unpredictable time off for flare-ups. Certified for intermittent FMLA. Takes 2 days in January, 1 day in February, 4 days in March, etc. Each day counts against 12-week entitlement.
It is illegal to:
Employers may require certification from healthcare provider:
Manager tells employee, "If you take FMLA leave, I can't guarantee your position will be here when you return."
Why it's illegal: Discouraging use of FMLA; interfering with employee's rights.
Employee returns from FMLA leave for cancer treatment. Within two weeks, receives first-ever negative performance review and is terminated.
Why it's illegal: Timing suggests retaliation for using FMLA; employer must show legitimate reason.
Employee returns from FMLA and is placed in position with same title/pay but significantly worse shift (nights instead of days).
Why it's illegal: Position not "equivalent" if terms/conditions substantially different.
Employer's attendance policy includes FMLA absences when calculating points toward termination.
Why it's illegal: Cannot use FMLA leave as negative factor in employment decisions.
Employee requests leave for surgery. Employer approves "medical leave" but never provides FMLA eligibility notice or designation notice.
Why it's illegal: Employer must provide required notices even if employee doesn't specifically mention "FMLA."
The Occupational Safety and Health Act, enacted in 1970, ensures safe and healthful working conditions. OSHA (the agency) enforces the Act.
Employers must provide a workplace "free from recognized hazards that are causing or likely to cause death or serious physical harm."
Employers with 11+ employees must:
Various OSHA standards require specific training:
OSHA can conduct workplace inspections with or without advance notice.
The Fair Credit Reporting Act (FCRA) regulates how employers use background checks and consumer reports in employment decisions.
FCRA applies when employers use a consumer reporting agency (CRA)—a third party—to obtain background information. This includes:
Does NOT apply when employer conducts checks directly (e.g., calling references yourself).
If you decide not to hire (or to terminate) based in whole or in part on the background check:
Employer obtains background check without written authorization, finds arrest record, and immediately rejects applicant without any adverse action notices.
Multiple violations: No authorization, no pre-adverse action notice, no opportunity to respond, no adverse action notice.
Many states and cities have enacted "ban the box" laws that restrict when and how employers can ask about criminal history.
When considering criminal history, must evaluate:
Bank conducting background check for teller position discovers applicant has 10-year-old conviction for embezzlement. Bank considers nature of offense (financial crime), relevance to position (handles money), time passed (10 years, no subsequent issues), and applicant's explanation. Decides conviction is relevant to job duties and declines to hire, following FCRA adverse action process.
Employer has blanket policy: "No one with any felony conviction will be hired, regardless of job or circumstances." Rejects applicant with 20-year-old drug possession conviction for warehouse position.
Why it's illegal: Blanket bans likely violate Title VII (disparate impact) and many state/local laws. Must conduct individualized assessment.
Many states restrict use of credit checks for employment:
States including California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, Washington, and others prohibit or restrict employment credit checks except for specific positions (e.g., financial roles, security positions).
Always check state law before using credit reports for employment decisions.
Recent major settlement: $13 million for FCRA violations (background check company)
The Form I-9 (Employment Eligibility Verification) is required for ALL employees hired in the United States, regardless of citizenship status.
The I-9 requirement is unique to the US and reflects immigration enforcement. Unlike Russia's propiska (registration) system, the I-9 is an employer responsibility, not a government registration.
Penalties for I-9 violations can be severe, and ICE (Immigration and Customs Enforcement) actively audits employers.
Employees must present:
| List A (Identity + Work Authorization) |
List B (Identity Only) |
List C (Work Authorization Only) |
|---|---|---|
|
• US Passport • Permanent Resident Card ("Green Card") • Employment Authorization Document (EAD) • Foreign passport with I-551 stamp |
• Driver's license • State ID card • School ID with photo • Voter registration card • Military ID |
• Social Security card (unrestricted) • Birth certificate • Citizen ID card • Certain Native American tribal documents |
No I-9 form on file for employee.
Penalty: $272 to $2,701 per form (increases regularly)
Section 2 completed 7 days after employee start date (should be within 3 business days).
Penalty: Procedural violation, fines apply
Employee didn't sign Section 1, or employer didn't record document number.
Penalty: Substantive violation, higher fines if not corrected
Employer tells employee "We only accept US passports" or "Your EAD is expiring in 6 months, we can't hire you."
Why it's illegal: Citizenship status discrimination under INA
Employee's work authorization expires, employer continues to employ without reverifying.
Why it's illegal: Knowingly employing unauthorized worker; severe penalties
E-Verify is an online system that compares I-9 information against government databases to verify work authorization.
Recent enforcement: ICE I-9 audits have increased significantly; multi-million dollar settlements common
As discussed earlier, state employment laws can provide greater protection than federal law. Some of the most employee-friendly states include:
If you employ workers in multiple states, you may need to comply with each state's laws. This is a major compliance challenge for national employers.
California has the most comprehensive employment laws in the US. Key features:
Many states/cities prohibit asking about prior salary to address wage gaps:
States with recreational marijuana are enacting employment protections:
Growing number of states require salary ranges in job postings:
States creating paid leave programs (vs. FMLA's unpaid leave):
Some cities require advance notice of work schedules:
Federal minimum wage is $7.25/hour, but many states have higher rates:
| State | Minimum Wage | Notes |
|---|---|---|
| Washington | $16.28 | Highest state minimum wage |
| California | $16.00 | Some cities higher (e.g., SF $18.07) |
| New York | $15.00-$16.00 | Varies by region; NYC higher |
| Massachusetts | $15.00 | |
| Colorado | $14.42 | Indexed to inflation |
| Many Southern States | $7.25 | Federal minimum applies |
Note: Rates change annually. Always check current rates.
Understanding the differences between US and Russian employment law helps Russian HR professionals navigate the US system:
| Aspect | 🇷🇺 Russia | 🇺🇸 United States |
|---|---|---|
| Legal Structure | Single comprehensive Labor Code Трудовой кодекс РФ |
Multiple federal statutes + 50 state laws + local ordinances |
| Legal System | Civil law (code-based) | Common law (precedent-based) + statutory law |
| Employment Relationship | Heavily regulated; strong worker protections | Employment-at-will; employer flexibility |
| Termination | "Just cause" required (Article 81) | At-will (except for illegal reasons) |
| Notice Period | Legally required (2 months for redundancy) | Not required (except in limited circumstances) |
| Severance Pay | Mandatory in many cases | Not required by law (except WARN Act) |
| Working Hours | 40-hour week maximum; strict daily limits | No maximum hours for exempt employees; 40-hour overtime threshold for non-exempt |
| Overtime | 1.5x-2x rate; limited hours; requires employee consent | 1.5x rate for non-exempt; no limit on hours; no consent required |
| Vacation | 28 calendar days minimum (paid) | No federal requirement; employer discretion |
| Sick Leave | Paid based on length of service and earnings | No federal requirement; some states require unpaid (FMLA) or paid sick leave |
| Maternity Leave | 140 days at 100% pay; up to 3 years child care leave | 12 weeks unpaid (FMLA); no federal paid leave |
| Trade Unions | Must consult on terminations; collective agreements common | Low union membership (10%); limited rights except in unionized workplaces |
| Written Contracts | Required; must include specific terms | Not required for at-will employment |
| Discrimination Law | Basic protections in Labor Code; limited enforcement | Extensive protections; aggressive enforcement; substantial penalties |
| Disability Accommodation | Limited; quota system for hiring | Extensive reasonable accommodation requirement (ADA) |
| Litigation Risk | Labor disputes handled through labor inspectorate and courts; less litigious | Highly litigious; contingency fee lawyers; jury trials; class actions |
Unlike Russia, the US has almost no mandatory benefits:
However, many employers provide these voluntarily to attract talent, and some states are beginning to require them.
The concept that an employer can terminate "for any reason or no reason" is alien to most legal systems. In practice:
While Russia has basic discrimination prohibitions, US enforcement is aggressive:
Unlike Russia's state healthcare system:
The lack of a single labor code means:
US employment law is vast, complex, and constantly evolving. This chapter has covered the major federal laws and key state law considerations, but it is not exhaustive.
This chapter provides an overview for educational purposes. It is NOT legal advice. Always consult with qualified employment law attorneys for specific situations, especially before making termination decisions, implementing policies, or responding to government investigations.
US employment law is one of the most complex areas of legal compliance. Even experienced HR professionals regularly consult attorneys.