Working people have certain basic legal rights in the workplace, such as the right to minimum wages, safe working conditions and to be free from discrimination based on gender or race. But these rights have so many exceptions and loopholes that many workers are left unprotected. Some rights are limited by the size of the employer, length of service or other conditions. Some states have strengthened these protections for workers.
YOU HAVE THE RIGHT TO:
A Safe Workplace
Employers are required to provide a workplace free of recognized health and safety hazards. You have the right to file complaints with the federal Occupational Safety and Health Administration, to bring job safety hazards to your employer's attention without retaliation and to get information from your employer about hazardous workplace exposures.
Overtime Pay
Employers must pay you overtime at the rate of one-and-a-half times the normal rate of pay if you work more than 40 hours in a week. However, many workers—such as managers, professionals and certain sales employees—are exempt from overtime pay.
Equal Pay
Employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same company.
Family and Medical Leave
You have the right to up to 12 weeks of unpaid, job-protected leave on the birth or adoption of a child, to care for seriously ill family members or to recover from your own illness. To be eligible for this leave, you must have worked for 12 months and for at least 1,250 hours for the same employer with more than 50 employees.
A Workplace Without Discrimination In hiring, firing, pay or promotions based on:
Age—The law protects workers 40 and older.
Disability—Employers must make reasonable accommodations for an otherwise qualified person with a disability to do his or her job.
Gender
Pregnancy
Race, color, ethnicity or national origin
Religion
Immigrant status—It is illegal to refuse to hire someone because of an accent or because that person was born in a foreign country. Employers have a duty to verify that every worker hired is authorized to work, but it is illegal to assume that a worker is undocumented just because he or she has a foreign name, speaks with an accent or was born in another country.
A Workplace Without Sexual Harassment It is illegal to be forced to agree to sexual favors to keep your job or get a promotion or job benefit. It also is illegal to be subjected to severe and pervasive comments or behavior at your workplace that create a hostile work environment. Join or Form a Union
You have the legal right to join or support a union and negotiate contracts with your employer. You have the right to decide for yourself whether you want union representation, free from employer intimidation and interference.
