Understanding your rights as an employee is important for ensuring fair treatment in the workplace. Not only this, these rights also help you advocate for yourself and take a stand where employee rights are being violated.
All labor laws and rights provide protection around compensation, safety, discrimination, and many more things. This gives employees tools to address injustices and demand fair conditions. Here are ten key rights you should know as an employee to help you during your employment with an employer.
- Right to Fair Wages and Overtime Pay
Under the Fair Labor Standards Act (FLSA), all non-exempt employees in the U.S. are entitled to a minimum wage and overtime pay for hours worked over 40 per week. The federal minimum wage provides a baseline, although many states have set higher minimums.
For overtime, eligible employees must be paid at a rate of one and a half times their regular hourly wage. It’s also worth noting that misclassification as an “exempt” employee can prevent you from receiving overtime benefits, so understanding your classification status is crucial.
This is why you will have to make sure that you have the basic right to be properly classified and compensated for the hours you work.
- Right to a Safe Workplace
The Occupational Safety and Health Act (OSHA) mandates that employers provide a workplace free from known hazards. This includes adequate training, safety equipment, and protocols to prevent workplace injuries. Employees also have the right to request OSHA inspections if they believe their work environment is unsafe and are protected from retaliation for raising such concerns.
A safe workplace is important not only for physical well-being but also for promoting a productive and healthy environment. By working in a safe environment, you will feel more productive and mentally active.
- Right to be Free from Discrimination
Title VII of the Civil Rights Act of 1964, along with other anti-discrimination laws, protects employees from discrimination based on race, color, religion, sex, national origin, age (40 or older), disability, or genetic information. This right extends to hiring, firing, promotions, and other employment decisions.
Anti-discrimination laws empower employees to get fair treatment and provide recourse if they experience harassment or discrimination. This law also includes protection against workplace harassment, such as sexual harassment.
Employers must provide an environment free of discrimination and harassment. Understanding workers’ compensation laws in this scenario can help you file complaints with the Equal Employment Opportunity Commission (EEOC) if they experience discrimination.
- Right to Reasonable Accommodations for Disabilities
Under the Americans with Disabilities Act (ADA), employees with disabilities have the right to request reasonable accommodations that allow them to perform their jobs. Reasonable accommodations can include things like modified workstations, assistive devices, or flexible work hours, provided they do not place an undue burden on the employer.
Reasonable accommodations can include adjustments like modifying work schedules, altering workspaces, providing assistive technology, or even allowing remote work when necessary. The ADA ensures that individuals with disabilities have equal access to job opportunities and the support they need to perform their work.
- Right to Take Family and Medical Leave
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family or medical reasons. This includes leave for the birth or adoption of a child, personal or family illness, or caring for an immediate family member with a serious health condition.
Having access to family and medical leave allows employees to prioritize their personal well-being or family responsibilities without the fear of losing their jobs.
- Right to Privacy in the Workplace
While employers have the right to monitor certain workplace activities, employees are entitled to reasonable privacy, particularly regarding personal belongings and personal conversations. This includes limited rights over email communication and computer usage, though these rights may vary depending on the employer’s policies and applicable state laws.
Privacy rights help establish a balanced boundary between employer monitoring and personal space in the workplace.
- Right to Organize and Unionize
The National Labor Relations Act (NLRA) guarantees employees the right to form, join, or assist a union, as well as to bargain collectively through representatives. Employees also have the right to engage in concerted activities for mutual aid or protection, which can include discussing wages and working conditions with coworkers.
Union rights allow employees to collectively negotiate for better conditions, pay, and benefits, providing a stronger voice for workers.
- Right to Fair Treatment During Layoffs
The Worker Adjustment and Retraining Notification (WARN) Act requires employers with 100 or more employees to provide at least 60 days’ notice in advance of mass layoffs or plant closures. This law gives employees and their families time to adjust to the upcoming loss of employment and seek new opportunities or training.
Knowing your rights under the WARN Act can help you plan in the event of large-scale layoffs, ensuring that you are given adequate notice and are financially prepared for the transition.
- Right to Equal Pay for Equal Work
The Equal Pay Act requires that men and women receive equal pay for equal work within the same establishment. The law applies to all aspects of pay, including salary, bonuses, and other forms of compensation. Job titles don’t need to be identical, but the content of the work must be substantially similar.
This right empowers employees to advocate for pay equity and challenge any discrepancies they believe are based on gender rather than merit or other lawful factors.
- Right to File a Complaint Without Retaliation
Employees have the right to file complaints with federal agencies, such as the Equal Employment Opportunity Commission (EEOC) or OSHA, if they believe their rights are being violated. This includes complaints related to discrimination, safety hazards, wage theft, and harassment. Retaliation for exercising these rights is illegal and can include actions such as demotion, termination, reduced hours, or other adverse treatment. This right ensures that employees can seek justice and hold employers accountable without fear of punishment for standing up for their rights.
