Employment Laws: Understanding Your Rights And Responsibilities

Employment laws are a complex web of federal, state, and local regulations that govern the American workplace. These laws cover a range of issues, including wages, working hours, safety standards, employee benefits, and anti-discrimination policies. Understanding which laws apply to you as an employee can be challenging, but it is crucial to know your rights and protections in the workplace. Both federal and state laws protect employees from unfair treatment, such as discrimination, harassment, and retaliation, and ensure fair compensation and safe working conditions. For example, the Fair Labor Standards Act (FLSA) sets standards for minimum wage and overtime pay, while the Occupational Safety and Health (OSH) Act ensures safe and healthy working conditions. Additionally, the Family and Medical Leave Act (FMLA) allows eligible employees to take extended leave for family or medical reasons. Understanding your rights under these laws can help you navigate workplace issues and ensure you are treated fairly.

Discrimination, harassment, and retaliation

Discrimination

It is illegal to discriminate against someone (applicant or employee) based on their race, colour, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. Discrimination is prohibited in every aspect of employment, from recruitment and hiring to promotions, pay, and benefits.

It is also illegal for an employer to publish a job advertisement that expresses a preference for or discourages someone from a particular group from applying for a job based on the protected characteristics listed above.

Harassment

Harassment in the workplace is also prohibited by federal law and Department of Labor (DOL) policy. Harassment can take the form of offensive or derogatory comments, slurs, or other verbal or physical conduct. Sexual harassment, including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature, is also unlawful.

Harassment can come from co-workers, contractors, customers, or anyone else with whom the victim interacts on the job. The DOL's Harassing Conduct Policy aims to address incidents of unwelcome conduct before they become severe and pervasive, creating a hostile work environment.

Retaliation

Retaliation is the most frequently alleged basis of discrimination in the federal sector. The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination, including harassment. This includes participating in a complaint process or opposing discrimination through "protected activity," such as filing an EEO charge or communicating with a supervisor about employment discrimination.

It is important to note that engaging in EEO activity does not shield an employee from all discipline or discharge. Employers can still discipline or terminate workers if there are non-retaliatory and non-discriminatory reasons for doing so. However, employers are not allowed to discourage someone from resisting or complaining about future discrimination.

Workers' compensation

The U.S. Department of Labor's Office of Workers' Compensation Programs (OWCP) administers four major disability compensation programs:

• Wage replacement benefits
• Vocational rehabilitation
• Federal Employees' Compensation Program
• Longshore and Harbor Workers' Compensation Program
• Federal Black Lung Program
• Energy Employees Occupational Illness Compensation Program

Each of these programs serves specific employee groups covered under relevant statutes and regulations. For example, the Longshore and Harbor Workers' Compensation Act provides compensation and medical care to certain maritime employees who are injured or become ill due to their work on the navigable waters of the United States.

Additionally, workers' compensation laws provide for reimbursement of medical expenses and a portion of lost wages due to a work-related injury, disease, or illness. In some states, like Texas, benefits are available only if the employer subscribes to workers' compensation insurance or is self-insured. The injury or illness must be reported to the employer within a specified timeframe, and there are defined time frames and percentages of wages for each type of benefit, including temporary, impairment, supplemental, and lifetime income benefits.

Workplace safety

OSHA regulates safety and health conditions in most private industries, and these regulations also cover public sector employers. The administration enforces the law through workplace inspections and investigations, and employers must comply with its regulations and safety and health standards.

Employees have the right to speak up about health and safety hazards without fear of retaliation from their employers. They can refuse to work in hazardous situations and are entitled to receive safety training and equipment, such as gloves or harnesses. They can also request an OSHA inspection and speak to the inspector, as well as review records of work-related injuries and illnesses.

In addition to OSHA, the Mine Safety and Health Administration (MSHA) is responsible for the safety and health of workers in the nation's mines. The Federal Mine Safety and Health Act of 1977 applies to all mining and mineral processing operations, regardless of size or number of employees. MSHA enforces safety and health requirements, investigates accidents, and provides training and technical assistance to mine operators.

The Fair Labour Standards Act (FLSA) also contains rules regarding the employment of young workers under the age of 18. It is enforced by the Wage and Hour Division and includes minimum age restrictions, restrictions on working hours, and the types of jobs youth may perform.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law that establishes standards for wages, overtime pay, record-keeping, and youth employment, affecting most private and public employment. The Act is administered by the Wage and Hour Division of the U.S. Department of Labor.

Minimum Wage and Overtime Pay

The FLSA sets a minimum wage of $7.25 per hour, effective July 24, 2009. This applies to covered non-exempt workers, who must also receive overtime pay at a rate of one-and-one-half times the regular rate for hours worked over 40 in a workweek. It's important to note that many states have their own minimum wage laws, and employees covered by both state and federal laws are entitled to the higher minimum wage.

Overtime-eligible employees must be compensated with overtime pay or compensatory time for all hours worked over 40 in a single workweek. To comply with FLSA standards, all overtime-eligible employees must fill out a Time and Attendance Record.

Record-Keeping and Hours Worked

The FLSA requires employers to display an official poster outlining its requirements and to keep records of employee time and pay. Hours worked typically include all the time during which an employee is required to be on the employer's premises, on duty, or at a prescribed workplace.

Child Labor

The FLSA includes provisions to protect the educational opportunities of minors and prohibit their employment in jobs or under conditions detrimental to their health or well-being. For non-agricultural operations, it restricts the hours that children under 16 can work and forbids the employment of children under 18 in certain dangerous jobs. In agricultural operations, it prohibits the employment of children under 16 during school hours and in hazardous occupations. Children employed on their family's farms are exempt from these regulations.

Exemptions

Section 13(a)(1) of the FLSA provides an exemption from minimum wage and overtime pay requirements for employees employed as bona fide executive, administrative, professional, computer, and outside sales employees. To qualify for this exemption, an employee's specific job duties and salary must meet all the requirements of the Department of Labor's regulations.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law administered by the U.S. Department of Labor's Wage and Hour Division. The FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year while requiring their group health benefits to be maintained during the leave.

FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunities for men and women.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

• The birth and care of the newborn child of an employee
• Placement with the employee of a child for adoption or foster care
• To care for an immediate family member (spouse, child, or parent) with a serious health condition
• To take medical leave when the employee is unable to work because of a serious health condition

Employees are eligible for leave if they have worked for their employer for at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

FMLA also includes military family leave provisions, affording protections specific to the needs of military families. These provisions were first added in 2008 and allow eligible employees to take up to 26 weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness.

Frequently asked questions