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Wednesday, May 6, 2026

US Employment Law Summary for New or Emerging Businesses ... - Cooley LLC

Foreign companies hiring employees in the US frequently overlook some of the fundamental US employment law requirements surrounding the employment relationship. Here you will find a general guide to some of the key US employment laws that foreign entrants into the US employment space will need to navigate.

Both federal law and many state laws prohibit discrimination in employment or employment practices (hiring, firing, rates of pay, promotions, terminations, etc.) based, under federal law, on race, color, religion, national origin, sex (including pregnancy, sexual orientation or gender identity), age, disability, genetic information (including family medical history), citizenship and veteran status – and on other categories on a state-by-state, or even local, basis. These laws also prohibit sexual harassment (as well as harassment based on race, religion and other protected characteristics) defined somewhat more broadly than many foreign investors may anticipate. These laws are enforced by federal and state agencies, as well as by private actions brought by persons alleging they are victims of discrimination.

The National Labor Relations Act (NLRA) governs the relationship between employers and unions. The NLRA permits employees to organize and bargain collectively with their employer. In general, employees may form labor unions, bargain as a unit with their employer and engage in collective activity designed to aid their collective bargaining or to organize their...



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