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Employee Rights and Labor Laws
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Minimum Wage
Minimum wage is the lowest hourly pay that employers can legally pay their workers. The Fair Labor Standards Act (FLSA) sets the federal minimum wage, while states and cities may set higher minimum wages.
Overtime Pay
Overtime pay is additional pay for hours worked over 40 in a workweek. The FLSA mandates at least one-and-a-half times the regular pay rate for overtime hours.
Workplace Safety
Occupational Safety and Health Act (OSHA) requires employers to maintain a safe working environment to prevent workers from being killed or seriously harmed at work.
Freedom from Discrimination
Titles VI and VII of the Civil Rights Act prohibit employment discrimination based on race, color, religion, sex, and national origin. The Equal Employment Opportunity Commission (EEOC) enforces these laws.
Family and Medical Leave
The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid leave for certain family and medical reasons without losing their job or health insurance coverage.
Whistleblower Protection
Whistleblower protection laws, such as the Sarbanes-Oxley Act, protect employees who report corporate fraud or violations of securities and exchange laws from retaliation by their employers.
Collective Bargaining Rights
The National Labor Relations Act (NLRA) grants employees the right to form or join unions and engage in collective bargaining with their employers for better terms and conditions at work.
Unemployment Benefits
State unemployment insurance programs provide financial assistance to workers who have lost their job through no fault of their own as defined by state law.
Worker's Compensation
Worker's compensation laws ensure that employees who are injured or disabled on the job receive fixed monetary awards, eliminating the need for litigation.
Breaks and Meal Periods
The FLSA does not require breaks or meal periods be given to workers. However, some states have laws for required rest and meal breaks during work hours.
Child Labor Laws
The FLSA sets age, hours, and safety restrictions on the employment of minors to ensure that work does not interfere with their education or health and well-being.
Employee Privacy Rights
Employee privacy rights refer to the personal information and activities of employees that employers must treat with a certain level of confidentiality, regulated by various federal and state laws.
Health Insurance Continuation (COBRA)
The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families the right to choose to continue group health benefits for limited periods under certain circumstances.
Pregnancy Discrimination
The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act, protecting women from being discriminated against on the basis of pregnancy, childbirth, or related medical conditions.
Immigration and Nationality Act (INA)
The INA includes provisions to prevent employment discrimination on the basis of citizenship or nationality and requires employers to verify employee eligibility to work in the United States.
Reasonable Accommodation for Disabilities
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified employees or applicants with disabilities, unless doing so would cause undue hardship.
Age Discrimination
The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age.
Equal Pay
The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs do not have to be identical, but they must be substantially equal.
Military Leave (USERRA)
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System.
Genetic Information Nondiscrimination (GINA)
The Genetic Information Nondiscrimination Act (GINA) prohibits discrimination on the basis of genetic information in health insurance and employment.
Harassment-Free Workplace
Federal law requires a workplace to be free from harassment based on race, color, religion, sex (including pregnancy), nationality, age (40 or older), disability, or genetic information.
Drug-Free Workplace
Employers are required to provide a drug-free workplace under the Drug-Free Workplace Act. Employers must create drug-free awareness programs and may be required to take legal action against employees who violate drug-free policies.
Employee Polygraph Protection Act
The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment.
Employer Retaliation
Federal laws protect employees from retaliation, which is a form of discrimination that occurs when an employer punishes an employee for engaging in legally protected activity, such as complaining about discrimination or harassment.
Occupational Exposure to Hazardous Chemicals
OSHA's Hazard Communication Standard requires employers to inform and train employees about hazardous chemicals they may be exposed to in the workplace.
Right to Access Employee Personnel Files
State laws may grant employees the right to access, review, and sometimes copy their own personnel files held by their employer.
Wage Garnishment Protection
The Consumer Credit Protection Act limits the amount of an employee's earnings that can be garnished and protects the employee from being fired if pay is garnished for any one debt.
Immigrant Worker Protection
The INA, as well as other state and federal laws, provide certain protections to immigrant workers against unfair employment practices, including discrimination, unfair recruitment, and employment abuse.
Employee Retirement Income Security Act (ERISA)
ERISA regulates employers who offer pension or welfare benefit plans for their employees, providing protection for individuals in these plans.
Retaliation for Occupational Safety and Health Act (OSHA) Complaints
Employees are protected from retaliation for exercising their rights under OSHA, which includes filing a complaint, participating in an inspection, or reporting a workplace injury.
Salary History Discrimination
Some states and localities have enacted laws prohibiting employers from requesting salary history information from job applicants, aiming to address wage disparities.
Breastfeeding Rights in the Workplace
Under the FLSA, employers are required to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth.
Labor Union Formation and Participation
The NLRA protects the rights of employees to organize, form, join, or assist labor organizations, and to bargain collectively through representatives of their choosing.
Employment at Will
Most U.S. states have employment-at-will doctrines, meaning that either the employer or employee may terminate the employment relationship at any time without cause or notice, unless an exception applies.
Wrongful Discharge
Employees may not be legally fired from their job for reasons that are discriminatory, in retaliation for legal complaints, or in violation of employment contracts or labor statutes.
Wage and Hour Disputes
The FLSA establishes standards concerning minimum wage, overtime pay, record-keeping, and youth employment, and provides mechanisms for employees to dispute wage and hour violations.
Migrant and Seasonal Agricultural Worker Protection
The Migrant and Seasonal Agricultural Worker Protection Act protects migrant and seasonal agricultural workers by establishing employment standards related to wages, housing, transportation, and disclosures.
Identity and Social Security Number Privacy
Employees have a right to privacy concerning their social security number and personal identity information, with employers being required to protect such information from unauthorized access or disclosure.
Jury Duty Leave
Federal law provides employees with the right to take leave for jury duty without fear of losing their job or facing employer retaliation for fulfilling their civic duty.
Retirement Plan Contribution Transparency
ERISA requires that employers who offer retirement plans provide participants with information about plan features, funding, and participation, including detailed information about how money is being invested and retirement plan costs.
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