HR Knowledge: Workplace — US Employment Law, Global HR, Risk, and CSR
The Workplace domain covers the legal, global, and risk context in which HR operates: US employment law, managing a global workforce, workplace safety and risk management, and corporate social responsibility. On the SHRM-CP this is where knowledge-based accuracy matters most, because the questions turn on specific statutory rules. The summaries below reflect widely established federal principles; because laws vary by jurisdiction and change over time, always verify specifics against the current official source before acting.
Equal employment opportunity (EEO) and anti-discrimination
A cluster of federal laws prohibits employment discrimination. Title VII of the Civil Rights Act of 1964 bars discrimination based on race, color, religion, sex, or national origin and applies to employers with 15 or more employees. The Age Discrimination in Employment Act (ADEA) protects workers age 40 and older (employers with 20+ employees). The Americans with Disabilities Act (ADA) protects qualified individuals with disabilities (employers with 15+ employees). The Equal Pay Act requires equal pay for equal work regardless of sex. These are enforced primarily by the Equal Employment Opportunity Commission (EEOC). Two theories of discrimination recur: disparate treatment (intentionally treating someone differently because of a protected characteristic) and disparate impact (a neutral policy that disproportionately harms a protected group and is not job-related and consistent with business necessity).
The ADA and reasonable accommodation
Under the ADA, a covered employer must provide a reasonable accommodation to a qualified individual with a disability — one who can perform the essential functions of the job with or without accommodation — unless doing so would impose an undue hardship (significant difficulty or expense). Accommodations might include modified schedules, assistive equipment, or job restructuring. The law expects an interactive process: a good-faith dialogue between employer and employee to identify an effective accommodation. HR's role is to engage in that process, focus on essential job functions, and avoid assumptions about what a person can or cannot do.
The Fair Labor Standards Act (FLSA): wages and overtime
The FLSA sets federal minimum wage, overtime, and child-labor rules. Nonexempt employees must receive overtime at one and one-half times their regular rate for hours worked over 40 in a single workweek — so a nonexempt employee who works 46 hours is owed overtime on the 6 hours beyond 40. To be exempt from overtime under a 'white-collar' exemption (executive, administrative, or professional), an employee must generally satisfy three tests: paid on a salary basis, paid at least the required salary level, and performing exempt job duties — all three, not just one. Improperly docking an exempt employee's salary (for example, for partial-day absences) can jeopardize the exemption. Where a state minimum wage exceeds the federal minimum, the employer must pay the higher rate — employees get the more generous of the two overlapping standards.
The FMLA and other leave protections
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified reasons — the birth or placement of a child, a serious health condition of the employee, or caring for a spouse, child, or parent with a serious health condition (with special provisions for military family leave). It applies to employers with 50 or more employees within a 75-mile radius, and employees must generally have worked at least 12 months and 1,250 hours to be eligible. FMLA leave is unpaid (though it can run alongside paid leave) and protects the employee's job and group health benefits. FMLA, the ADA, and workers' compensation often overlap for the same situation, so HR must analyze all three rather than assuming one governs alone.
The NLRA and protected concerted activity
The National Labor Relations Act (NLRA) governs the collective relationship between employers and employees and is enforced by the National Labor Relations Board (NLRB). Section 7 protects most private-sector employees' right to organize, form or join unions, bargain collectively, and engage in 'protected concerted activity' — acting together regarding wages, hours, or working conditions. Crucially, these protections extend to non-union workplaces too: two or more employees discussing pay or jointly raising working-condition complaints are generally protected. Employers commit an unfair labor practice by interfering with, restraining, or retaliating against employees for exercising these rights, so overly broad policies that chill such discussion are legally risky.
OSHA, workplace safety, and risk management
The Occupational Safety and Health Act, administered by OSHA, requires employers to provide a workplace free from recognized hazards likely to cause death or serious harm — the 'general duty clause' — and to comply with specific safety standards, maintain required records, and not retaliate against workers who report hazards. Beyond compliance, risk management is the systematic process of identifying, assessing, and controlling threats to people and the organization: conducting hazard assessments, implementing controls, training employees, planning for emergencies and business continuity, and reducing single points of failure. HR contributes to a culture of safety and to enterprise resilience, treating prevention as far cheaper than the human and financial cost of incidents.
Global HR and corporate social responsibility
As organizations operate across borders, HR must adapt policies to local laws, cultures, and labor norms while upholding consistent ethical standards — the 'think global, act local' balance. This includes managing international assignments, cross-cultural effectiveness, and compliance with the employment law of each country of operation rather than exporting a single home-country rulebook. Corporate social responsibility (CSR) and sustainability extend HR's remit to the organization's obligations to employees, communities, and the environment — ethical labor practices, diversity and inclusion, community engagement, and sustainable operations. Increasingly, employees and customers expect organizations to act as responsible corporate citizens, and HR often leads or supports these commitments.