United States (US)
The United States is a federation of 50 states and the District of Columbia spanning six time zones from the Atlantic to the Pacific, plus Alaska and Hawaii.
Employment Rights
Sick leave, dismissal protection and red flags in United States.
US employment is governed by a patchwork of federal, state, and local laws, with at-will employment as the default — an employer can fire an employee at any time without cause, except for illegal reasons (discrimination, retaliation, etc.). The Fair Labor Standards Act (FLSA) sets a federal minimum wage of $7.25/hour, but most states and cities set much higher rates (e.g., California $16.50/hour, New York City $17.50/hour, Washington state $16.66/hour). Worker protections vary enormously by state: California, New York, Washington, Massachusetts, and Oregon are the most protective; Texas, Florida, and the Deep South are the least. There is no national labour code — always check your specific state's Department of Labor rules.
Sick leave
Rules: No federal mandate for paid sick leave. 15 states + DC now require employers to provide paid sick leave (including CA, NY, NJ, MA, CT, WA, OR, CO, AZ, IL, MD, MI, MN, NM, RI, VT). The federal Family and Medical Leave Act (FMLA) provides 12 weeks of unpaid, job-protected leave per year for a serious health condition, but only applies to employers with 50+ employees and employees with 1+ year of service. Short-term disability insurance (employer or state-provided in CA/NY/NJ/RI/HI) covers part of lost income during longer illness.
Doctor note: Varies by employer policy, typically day 3. Some employers require a doctor's note for any absence longer than 1–2 days; others only for extended absences of 5+ days.
Employer pay: PTO (Paid Time Off) often combines vacation and sick leave into a single bucket, typically 10–15 days/year for entry-level and 20+ for senior roles. Some employers offer separate sick leave (typically 5–10 days). Wildly varies by employer and state — always read the employee handbook.
Long-term: Social Security Disability Insurance (SSDI) for long-term disability, typically with a 5-month waiting period after onset. Private long-term disability insurance (LTD) through employer or individually purchased covers 60–70% of salary after short-term disability exhausted. Workers' compensation covers work-related injuries/illnesses.
Dismissal protection
Law: At-will employment is the default in 49 states (Montana is the only exception, requiring cause after a probationary period). Key exceptions to at-will termination: Title VII of the Civil Rights Act (prohibits termination based on race, colour, religion, sex, national origin), Age Discrimination in Employment Act (ADEA — age 40+), Americans with Disabilities Act (ADA — disability), National Labor Relations Act (NLRA — union organising activity), state whistleblower laws, and public policy exceptions. The federal WARN Act requires 60 days advance notice for mass layoffs at firms with 100+ employees.
Deadline to sue: EEOC charge must be filed within 180 days of the discriminatory act (extended to 300 days if a state agency also has jurisdiction). For wage and hour claims under FLSA: 2 years (3 years for willful violations). For state law claims, deadlines vary — California allows 3 years for most wage claims.
Probation
Most US employers use a 30–90 day introductory period (sometimes called a probationary period), but legally this is no different from regular at-will employment — the employer can still terminate for any non-illegal reason at any time. The "probation" label is mostly used for internal HR evaluation purposes. Some employers restrict benefits (health insurance, PTO accrual) during the introductory period. Union employees may have different rules specified in their collective bargaining agreement.
Notice periods
No legal notice required for at-will termination by either party. Typical employer courtesy for layoffs: 2 weeks, or severance package in lieu. Typical employee courtesy for resignation: 2 weeks notice (not legally required but standard). Severance packages vary widely: 1–2 weeks pay per year of service is typical, plus COBRA health insurance continuation. Severance is often tied to signing a release of claims.
Working time
Max hours: FLSA requires overtime pay at 1.5x regular rate for hours over 40 per week for non-exempt employees. No federal maximum weekly hours cap. Exempt employees (most salaried professionals earning over $684/week / $35,568/year as of 2026 — the DOL restored the 2019 threshold after the 2024 Biden-era increase to $58,656 was rolled back in May 2026) are not entitled to overtime. Some industries (healthcare, emergency services) have special rules. California has stricter daily overtime (over 8 hours/day) and double-time rules.
Min rest: No federal mandated rest or meal breaks for adult workers. State rules vary: California requires a 30-minute unpaid meal break for shifts over 5 hours and paid 10-minute rest breaks every 4 hours. New York, Oregon, Washington, and Colorado have similar requirements. Many states (Texas, Florida) have no mandated break rules — employer discretion applies.
Overtime: 1.5x regular hourly rate for hours over 40 per week for non-exempt employees under FLSA. Some states add daily overtime (California: over 8 hours/day; Alaska and Nevada: similar rules). Double time (2x) required in California for hours over 12/day and for hours over 8 on the 7th consecutive day worked.
Vacation
No federal mandated paid vacation — the US is the only major developed economy without guaranteed paid leave. Typical employer practice: 10 days/year in year 1, 15 days after 5 years, 20 days after 10 years. Tech and finance sectors are typically more generous (15–25 days year 1; some uncapped/"unlimited" PTO). Hospitality and retail often offer less (5–10 days). Many employers combine vacation and sick into single "PTO" bucket. Upon termination, accrued unused vacation must be paid out in some states (CA, MA, IL) but not others (FL, TX, GA).
Anti-discrimination
Federal anti-discrimination laws: Title VII of the Civil Rights Act (race, colour, religion, sex, national origin), ADA (disability), ADEA (age 40+), Equal Pay Act (sex-based pay discrimination), Pregnancy Discrimination Act, and the 2023 Pregnant Workers Fairness Act. File complaints with the Equal Employment Opportunity Commission (EEOC) at eeoc.gov or (800) 669-4000. Many states extend protections to sexual orientation, gender identity, marital status, and other categories. California (FEHA) and New York (NYSHRL) are among the most protective state laws. After EEOC charge, you receive a "right to sue" letter allowing federal court action.
Contract red flags
- !Overly broad non-compete clauses — now banned entirely in California, North Dakota, Oklahoma, and Minnesota; the FTC's nationwide ban was paused by courts in 2024; many states limit scope/duration
- !No severance terms specified on termination — verify what you receive if laid off
- !Mandatory arbitration clause that waives your right to a jury trial and class action — increasingly standard but worth negotiating out if possible
- !Overly broad IP/invention assignment extending beyond work-related inventions to anything created on your personal time
- !At-will reminder clauses without any counterbalancing protections — standard but worth flagging alongside severance negotiation
- !Non-solicitation clauses covering co-workers for 2+ years — often unenforceable but create friction
- !Clawback provisions for signing bonuses or relocation expenses if you leave within 1–2 years — negotiate length
- !Confidentiality agreements that restrict you from discussing wages with co-workers (illegal under NLRA for most private employees)
- !Choice of law and venue clauses forcing disputes to a jurisdiction favourable to employer
- !Probationary/introductory periods with reduced benefits — verify when health insurance, 401(k) match, and PTO kick in
- !Salary below your state minimum wage — federal floor is $7.25/hour (unchanged since 2009) but most states are higher: CA $16.50, NY $16.50, WA $17.13, IL $15.00, NJ $15.49, MA $15.00, CO $14.81 (2026 rates); always verify your state
- !Misclassification as independent contractor (1099 vs W-2) — denies you FLSA protections, EEOC rights, employer-paid FICA, unemployment and workers' comp; check IRS/DOL economic reality test
Employment Rights
Unlock the complete Employment Rights guide for United States — including every detail, document, tip and link you need.
Become a SupporterSupport the guide on Ko-fi · Unlocks every premium section, everywhere