We spend most of our time at work, and if our employer mistreats us, meditation and a positive attitude can only get us so far. Many people are unclear about their fundamental rights as employees, and knowing what basic protections you have can keep you healthy, safe, and confident.
One – Federal Protections
Federal protections are the baseline for employee rights in the US. This includes the following laws all US employees need to know about:
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- The Fair Labor Standards Act: The FLSA ensures you receive at least minimum wage and overtime pay for hours over 40 in a week.
- The Occupational Safety and Health Act: Employers are required to ensure a safe working environment free from recognized hazards.
- Anti-discrimination laws: Employers cannot make hiring, firing, promotion, or compensation decisions based on protected characteristics (race, color, religion, sex, national origin, age, disability, or genetic information).
Two – The Right to a Safe Workplace
Workplace safety covers more than safety goggles and hard hats. The first thing to remember is that you have the right to report unsafe conditions on the job without fear of retaliation. The second thing is your right to workers’ compensation. If you get injured at your workplace, most states provide benefits regardless of who was at fault. This typically includes medical expenses and lost wages.
Additional protections apply for people in specialized industries. For example, maritime workers are covered under specific federal laws that provide different remedies compared to standard workers’ comp. People who work on a vessel or in harbors need Jones Act statute of limitations guidance to know how to apply for claims in case of accidents. Depending on your profession, you may have specific legal protections you need to educate yourself on, just in case. This will bring you confidence to stand up for yourself and protect your livelihood in case something goes wrong.
Three – The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid but job-protected leave for specific family and medical reasons. These reasons include the birth or adoption of a child, caring for seriously ill family members, or dealing with your own serious health condition that prevents you from working.
Unfortunately, not everyone who needs this type of leave qualifies for it. You need to have worked for your employer for at least 12 months and 1,250 hours, and your employer must have at least 50 workers within a 75-mile radius. If you’re not eligible, think about preparing for emergencies in another way. I know it’s often not possible to prepare, but in that case, at least know that this is not your fault. Life sometimes just throws us a curveball.
Four – Protection Against Retaliation
One of the most important rights you have is protection against retaliation. This means you cannot get demoted, fired, or mistreated if you report illegal activity, file a discrimination complaint or participate in a workplace investigation.
In these situations, remember to document everything so you have proof when you file a complaint to the Equal Employment Opportunity Commission or your state’s labor department.
Five – Wage and Hour Rights
Wage and hour rights include what I’ve mentioned in the Federal Protection section, as well as the right to receive your final paycheck in a timely manner after you leave a job. In many states, this also includes the right to receive pay stubs that clearly show your hours and deductions.
This may be an issue if you’re classified as an independent contractor. In fact, that classification is not always accurate and it can deprive you of rights and benefits.
Six – Privacy in the Workplace
While employers can check up on your activities, including work phones, emails, and computers, there are still some restrictions in place. This includes your medical information, personnel file, and situations where you need to retain your privacy, such as changing areas, bathrooms, and private conversations that do not involve work.
Seven – State and Local Protections
This will be on you to research, as your state and local laws may offer additional protections. For example, some states have stronger anti-discrimination laws, mandatory sick leaves, or protections for additional worker categories.
The first address to check is your state’s labor department website. Study it carefully and learn what applies in your area. And if you believe your rights have been violated, document the violations and review company policies. For more serious violations, contact government agencies, state labor departments, EEOC, or OSHA, depending on what happened.
Remember, it may feel tedious to do it now, but you deserve to be treated with dignity at work. This knowledge gives you the power to protect yourself and your peace.
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