Employment Laws: Who Is Covered And Who Isn't?

Employment laws are rules and regulations that govern the relationship between employers and employees in the workplace. These laws cover a wide range of issues, including wages, working hours, health and safety standards, discrimination, and termination of employment. In the United States, employment laws exist at the federal, state, and local levels, and they apply to all workers, regardless of their employment status or location. For example, the Fair Labor Standards Act (FLSA) establishes a federal minimum wage and overtime pay requirements for most employees, while the Occupational Safety and Health Act (OSH Act) ensures safe and healthy working conditions. Additionally, the Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave for family or medical reasons without risking their jobs. However, it's important to note that some federal laws, such as the FMLA, only apply to employers with a certain number of employees. Understanding these laws is crucial for both employers and employees to ensure fair and compliant practices in the workplace.

Discrimination, harassment, and retaliation

Discrimination occurs when an employer treats an employee or job applicant unfairly due to their race, colour, religion, sex, national origin, age (over 40), disability, or genetic information. It is important to note that EEOC laws do not cover all employers, and coverage depends on the number of employees.

Harassment in the workplace is defined as unwelcome conduct based on a person's race, colour, religion, sex, national origin, age, disability, or genetic information. This includes offensive jokes, objects, or pictures, as well as physical assaults and threats. Harassment becomes unlawful when enduring the conduct is required for continued employment, or when it creates an intimidating, hostile, or abusive work environment.

Sexual harassment, a form of harassment, includes unwelcome sexual advances, requests for sexual favours, or offensive comments about someone's sex. It is unlawful when it is frequent and severe enough to create a hostile or intimidating environment, or when it leads to adverse employment decisions such as demotion, denial of promotion, suspension, or termination.

Retaliation happens when an employer treats an individual unfairly because they engaged in a protected activity, such as filing or being a witness in an EEOC charge or investigation, discussing discrimination or harassment with a supervisor, or refusing to follow orders that would result in discrimination. Retaliation methods can include intimidation or threats.

To address discrimination, harassment, or retaliation, individuals can report these issues to the EEOC, local government agencies, or relevant federal agencies, depending on their specific situation. It is important to follow the established complaint processes and meet time limits for reporting.

Workplace safety

The Occupational Safety and Health Administration (OSHA) plays a pivotal role in workplace safety. Administering the Occupational Safety and Health (OSH) Act, OSHA sets and enforces protective workplace safety and health standards. These standards cover a range of industries, including construction, agriculture, maritime, and general industry. Employers must comply with OSHA's regulations and safety and health standards, ensuring that their employees work in a safe environment.

OSHA provides workers with the right to speak up about hazards without fear of retaliation. Workers can refuse to work in hazardous situations and are entitled to receive safety training and equipment, such as gloves or harnesses, to mitigate risks. Additionally, workers have the right to request OSHA inspections, review records of work-related injuries and illnesses, and see the results of tests conducted to identify workplace hazards.

In the event of unsafe working conditions, employees may file a confidential complaint with OSHA and request an inspection. OSHA also administers a Whistleblower Protection program, ensuring that employers cannot retaliate against workers who report injuries, safety concerns, or other protected activities.

The Mine Safety and Health Administration (MSHA) is another key agency responsible for the safety of workers in the mining industry. MSHA enforces the Mine Safety and Health Act of 1977, which applies to all mining and mineral processing operations in the country, regardless of size or number of employees. The Act holds mine operators accountable for the safety and health of miners, sets mandatory safety and health standards, and enables inspectors to close dangerous mines.

The Fair Labour Standards Act (FLSA) is another piece of legislation that contributes to workplace safety. It contains rules regarding the employment of young workers under the age of 18, including minimum age restrictions, working hours, and the types of jobs they can perform.

Additionally, the Office of Workers' Compensation Programs administers several disability compensation programs, providing benefits to workers or their dependents who experience work-related injuries or occupational diseases.

These laws and agencies work together to ensure that employees in the United States have the right to a safe and healthy working environment, with protections in place to address hazards and hold employers accountable for maintaining safe working conditions.

Minimum wage, overtime, and child labor

Employment laws can be complex, and it is important for employers to understand their responsibilities under these laws. The U.S. Department of Labor (DOL) administers and enforces most federal employment laws, including those covering wages and hours of work.

The Fair Labor Standards Act (FLSA) establishes standards for minimum wage, overtime pay, record-keeping, and youth employment, affecting full-time and part-time workers in the private sector and federal, state, and local governments. The FLSA is administered by the Wage and Hour Division (WHD) of the DOL. Under the FLSA, covered, nonexempt workers are entitled to a minimum wage of $7.25 per hour, effective July 24, 2009. This federal minimum wage applies to employees not otherwise exempt. However, if an employee is subject to both state and federal minimum wage laws, they are entitled to the higher minimum wage.

Regarding overtime, the FLSA requires that covered, nonexempt employees must receive overtime pay for hours worked over 40 per workweek (a fixed and regularly recurring period of 168 hours, or seven consecutive 24-hour periods) at a rate of not less than one and one-half times their regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek, and the FLSA does not mandate overtime pay for work on weekends, holidays, or regular days of rest unless overtime is worked on those days.

The FLSA also contains provisions on child labor, designed to protect the educational opportunities of minors and prohibit their employment in jobs or under conditions detrimental to their health or well-being. These provisions include restrictions on the hours of work for minors under 16 and lists of hazardous occupations that the Secretary of Labor has deemed too dangerous for minors. For nonagricultural operations, the FLSA restricts the hours that children under 16 can work and forbids the employment of children under 18 in certain hazardous jobs. In agricultural operations, it prohibits the employment of children under 16 during school hours and in certain hazardous jobs.

In addition to the FLSA, the DOL enforces other laws related to minimum wage, overtime, and child labor, such as the Davis-Bacon and Related Acts, the Walsh-Healey Public Contracts Act, and the Migrant and Seasonal Agricultural Worker Protection Act. These laws ensure that workers receive fair wages and overtime pay, and that youth workers are protected from hazardous work and have their educational opportunities preserved.

Whistleblower protections

Who is a Whistleblower?

A whistleblower is an employee who reports workplace conditions they believe to be unsafe or illegal. Whistleblowers play a vital role in exposing wrongdoing and promoting transparency in organizations.

Rights of Whistleblowers:

Whistleblowers have several rights and protections under the law:

• Protection from Retaliation: Whistleblowers are protected from retaliation by their employers. Retaliation can include adverse actions such as firing, demotion, denial of benefits, or threats. It is illegal for an employer to take any negative action against an employee for exercising their rights to report concerns.
• Right to File Complaints: Whistleblowers have the right to file complaints with the Occupational Safety and Health Administration (OSHA). OSHA provides a platform for employees to voice their concerns about unsafe or unhealthy working conditions without fear of reprisal.
• Access to Records: Whistleblowers are entitled to access employee exposure and injury records maintained by their employer. This access allows them to identify and address potential hazards in the workplace.
• Reporting Work-Related Injuries: Whistleblowers have the right to report work-related injuries and seek compensation. They cannot be penalized for bringing attention to safety issues that may have contributed to their injuries.
• Requesting Inspections: Whistleblowers can request inspections from OSHA and speak directly to inspectors. This enables them to bring in external expertise to assess and address safety concerns.
• Raising Safety or Health Complaints: Whistleblowers are protected when they raise concerns about safety or health issues with their employer. They have the right to initiate discussions about improving workplace conditions.
• Protection Regardless of Immigration Status: Whistleblowers are protected from retaliation, even if they are not legal residents. However, their immigration status may impact the remedies available to them in case of unlawful retaliation.

Agencies Enforcing Whistleblower Protections:

• Occupational Safety and Health Administration (OSHA): OSHA is a primary enforcer of whistleblower protections. They investigate complaints related to employee safety, consumer product and food safety, environmental protection, and more.
• Mine Safety and Health Administration (MSHA): MSHA protects miners and ensures their safety and health. Whistleblowers in the mining industry are protected from retaliation for identifying hazards, requesting inspections, or refusing to engage in unsafe acts.
• Office of Federal Contract Compliance Programs (OFCCP): OFCCP enforces equal employment opportunity laws and protects workers from retaliation for engaging in protected activities, such as filing discrimination complaints.
• Wage and Hour Division (WHD): WHD enforces labor standards and protects whistleblowers who report issues related to minimum wage, overtime pay, record-keeping, and other employment standards.
• Veterans' Employment and Training Service (VETS): VETS protects the employment rights of veterans, service members, and their spouses. They ensure that whistleblowers are not retaliated against based on their military status or obligations.

How to File a Whistleblower Complaint:

Filing a timely complaint is essential to seeking protection under whistleblower laws. Employees who believe they have been retaliated against can file a complaint with OSHA or the relevant agency within a specified timeframe. In the case of OSHA, complaints must be filed within 30 days of the alleged adverse action.

In summary, whistleblower protections are a critical component of employment laws, empowering employees to speak out against unsafe or illegal practices without fear of retaliation. These protections are enforced by various government agencies, ensuring that workers can exercise their rights and contribute to a safer and more transparent workplace environment.

Workers' compensation

In the US, workers' compensation is the nation's oldest social insurance program. It is administered primarily by insurance companies and employers who are secure enough to self-insure their workers' compensation liability.

In California, workers' compensation laws allow employees to receive financial recovery for costs relating to workplace injuries. As long as the employee sustained the injury during work-related activities, and did not cause their own injuries, they can receive benefits regardless of fault. Through this system, employees can receive payment for their medical costs, partial lost wages, and disability.

In California, workers are entitled to workers' compensation for any injury that occurs at work. This includes physical injuries, as well as psychological injuries and long-term medical issues that require treatment.

In California, doctors in the workers' compensation system are required to provide evidence-based medical treatment. This means treatments that are scientifically proven to cure or relieve work-related injuries and illnesses.

In the case of a dispute between the claims administrator and the injured worker, or between the worker and their employer, a lawyer may be required.

Frequently asked questions