No matter where you work or what you do, every employee has a core set of rights that ensures their safety, dignity, and well-being. These rights are safeguarded by labor laws and organizations that protect workers from unfair treatment. However, knowing these rights is the first step in standing up for them. Here’s a guide to help you understand your workplace rights and how to address any issues you might face.
Key Rights You Should Know
Fair Wages
Every worker deserves to receive fair compensation for their time and effort. Federal and state labor laws set minimum wage standards to guarantee just pay.
- Minimum Wage: The federal minimum wage in the U.S. is $7.25 per hour. However, states may have higher minimum wages, so it’s essential to know the laws in your area.
- Overtime Pay: Non-exempt employees are entitled to time-and-a-half pay for any hours worked over 40 in a week (under the Fair Labor Standards Act).
- Equal Pay: Gender-based wage discrimination is illegal. Workers performing the same job under similar conditions must be paid equally, regardless of gender.
Tip: Check your pay stubs regularly to ensure your hours and overtime are accurately recorded.
Safe Working Conditions
Your employer is responsible for ensuring that your workplace is free from hazards and adheres to safety standards set by the Occupational Safety and Health Administration (OSHA).
- Hazard-Free Environment: Workplaces must take reasonable steps to prevent accidents, injuries, and exposure to harmful substances.
- Safety Training: Employers must provide training and protective equipment for your role.
- Right to Refuse Dangerous Work: If you believe your work environment presents an immediate risk to your safety, you can refuse to perform the task without retaliation.
Freedom from Discrimination
Every worker has the right to a workplace free from discrimination and harassment. Federal laws, such as Title VII of the Civil Rights Act, protect against discrimination based on race, gender, religion, age, disability, or national origin.
- Equal Opportunity Employment: Employers cannot hire, promote, or fire employees unfairly based on these characteristics.
- Sexual Harassment: Unwelcomed advances, inappropriate comments, or hostile work environments are strictly prohibited.
- Reasonable Accommodation: Workers with disabilities must be provided accommodations to perform their jobs effectively, as long as the accommodations don’t create undue hardship for the employer.
Family and Medical Leave
Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave per year for specific family or medical reasons. This includes:
- Caring for a newborn or adopted child
- Attending to a personal or family member’s serious health condition
- Handling urgent matters related to a family member’s military service
Employers are required to hold your job (or a similar one) for you during this time.
Freedom to Form and Join Unions
Workers have the legal right to organize, form unions, and negotiate collectively for better conditions. Union membership provides employees with more bargaining power to advocate for fair wages, workplace safety, and other concerns.
Fun Fact: Unionized workers are more likely to access benefits like retirement plans, health insurance, and paid leave than non-unionized employees.
Common Challenges Workers Face
Even with laws in place, workers can face situations where their rights are not respected. Here are some of the most common issues and how to handle them.
Wage Theft
This occurs when an employer withholds pay, doesn’t pay overtime, or misclassifies workers to avoid providing benefits. If you suspect wage theft, gather evidence (e.g., pay stubs, schedules) and file a complaint with the Department of Labor’s Wage and Hour Division.
Unsafe Conditions
If your workplace doesn’t meet OSHA standards, immediately report the hazard to your supervisor. If they fail to take action, you can file a confidential complaint with OSHA.
Pro Tip: Whistleblower protections are in place to shield you from retaliation if you raise safety concerns.
Unfair Treatment or Harassment
Discrimination and harassment can create a toxic work environment. If you experience this, document incidents, including dates, times, and witnesses. Report the issue to your HR department or file a complaint with the Equal Employment Opportunity Commission (EEOC).
How Labor Laws and Unions Protect Workers
Role of Labor Laws
Labor laws ensure that workers are treated fairly and employers meet legal requirements. Some of the most important labor laws include:
- Fair Labor Standards Act (FLSA): Governs minimum wage, overtime pay, and child labor provisions.
- Occupational Safety and Health Act: Sets workplace safety standards.
- Americans with Disabilities Act (ADA): Protects workers with disabilities.
Role of Unions
Unions are organizations that collectively represent workers. They negotiate with employers for better wages, benefits, safety measures, and job security. If your workplace has a union, becoming a member might give you additional support in navigating workplace challenges.
Tips for Addressing Workplace Issues
- Know Your Rights: Being informed empowers you to recognize violations and advocate for yourself.
- Document Everything: If you notice an issue, keep detailed records of incidents, correspondence, and evidence.
- Start with Internal Action: Raise concerns with your employer or HR department. Many problems can be resolved internally.
- Seek External Help: If internal resolution fails, file a complaint with government agencies like OSHA, the EEOC, or your state’s labor department.
- Consult an Attorney: Speaking with a labor attorney can help you understand the best course of action for serious violations.
New Hampshire Employment Law Attorneys
As you navigate the complexities of worker rights, it's essential to have expert guidance and support. At Upton & Hatfield, LLP, our experienced attorneys in Concord, NH, are dedicated to helping you understand and protect your rights in the workplace. Whether you're dealing with employment contracts, wage disputes, or workplace safety issues, our team is here to assist you. Contact us today at (603) 716-9777 to learn more about how we can support you in advocating for your rights and ensuring compliance with labor laws.