As an employee, understanding your rights in the workplace is crucial. Employment laws exist to ensure fair treatment, safe working conditions, and protection against discrimination. So, what are the employment laws that every employee should follow?
If you’re starting a new job or have been working for years, knowing these laws can help you advocate for yourself and your colleagues. We’ll get to that, but first let’s discuss why this is a concern.
10 Employment Laws That Every Employee Should Follow
According to statistics, The EEOC filed 143 discrimination or harassment lawsuits in fiscal year 2023, which began on Oct. 1, 2022, and ended Sept. 30, 2023. This is just one side of the case, many other cases come when employees or trade unions file annual financial reports.
Similarly, cases involving the National Minimum Wage and hour division are also not uncommon. Lawsuits involving personal medical records and medical history make a large number of such cases too.
So, it’s necessary to know the right laws to keep yourself legally secure. Here are 10 employment laws that every employee should follow and understand.
1. Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act ensures that employees receive fair compensation for their work. It regulates minimum wage, overtime pay, child labor, and record-keeping requirements. The law requires employers to compensate non-exempt employees with overtime pay for hours worked beyond 40 per week.
Understanding the FLSA helps employees verify that they are being paid fairly and that their employer is following labor law regulations.
Beyond wage protections, the FLSA also sets child labor regulations to prevent exploitation and ensure that minors work in safe environments.
Additionally, it mandates that employers maintain accurate records of wages, hours, and working conditions, which employees have the right to review.
If an employer fails to comply with these requirements, employees can file complaints with the Wage and Hour Division of the Department of Labor to seek fair treatment.
2. Equal Pay Act
The Equal Pay Act prohibits wage discrimination based on gender. If employees perform equal work requiring equal skill, effort, and responsibility under similar working conditions, they should receive equal pay.
Employees who suspect wage disparities based on gender should document their wages and responsibilities and report unfair treatment to the Equal Employment Opportunity Commission (EEOC). This may also include cases involving the Federal Minimum Wage standard and other workplace laws.
The law also applies to fringe benefits, bonuses, and other forms of compensation. If an employer pays different wages based on gender, they must justify the difference based on seniority, merit, or other legitimate business factors.
3. National Labor Relations Act (NLRA)
The National Labor Relations Act protects employees’ rights to form unions, engage in collective bargaining, and take part in concerted activities. This law ensures that employees can negotiate working conditions and wages without fear of retaliation.
Understanding your rights under the NLRA allows you to participate in labor organizations and workplace discussions confidently.
If an employer interferes with union activities or retaliates against employees for organizing, they are violating the NLRA. Employees should document any instances of retaliation and report them to the National Labor Relations Board (NLRB).
4. Civil Rights Act (Title VII)
Title VII of the Civil Rights Act prohibits workplace discrimination based on race, color, national origin, sex, and religion. Employers cannot make employment decisions based on these protected characteristics. Employees experiencing workplace discrimination should document incidents and report them to the EEOC to seek justice.
Beyond hiring and firing decisions, this law also protects employees from harassment, hostile work environments, and retaliation for reporting discrimination. Employees should keep records of discriminatory actions, including emails, witness statements, and written complaints.
5. Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act provides eligible employees with job-protected leave for medical reasons, including serious illness, pregnancy, or caring for a family member. It allows up to 12 weeks of unpaid leave per year while maintaining health insurance coverage.
Knowing your rights under the FMLA ensures that you can take time off for necessary medical treatment without risking job loss. If there’s a special case, then the disabilities act can also be of great help in your case.
Employers cannot retaliate against employees for taking FMLA leave. If an employer denies leave or pressures an employee to return to work prematurely, they may be violating the law.
6. Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act prohibits employers from discriminating against employees due to pregnancy, childbirth, or related conditions. It ensures that pregnant workers receive reasonable accommodations and are not forced to take unpaid leave if they can perform their duties. If an employer denies reasonable accommodations or forces a pregnant employee out of work, legal action can be taken.
Pregnant employees have the right to modified work duties, additional breaks, or temporary job reassignments if medically necessary. Employers must also provide the same benefits to pregnant employees as they do for other workers with temporary medical conditions.
7. Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act protects workers aged 40 and older from workplace discrimination. Employers cannot make hiring, firing, promotion, or compensation decisions based on age. Older workers experiencing age discrimination should report unfair treatment and seek legal representation if necessary.
In addition to hiring and promotion decisions, the ADEA also prohibits employers from reducing benefits based on age. Employees should keep records of any age-related comments, job reassignments, or disciplinary actions that may indicate bias. If internal complaints do not resolve the issue, filing a charge with the EEOC may be necessary.
8. Occupational Safety and Health Act (OSHA)
The Occupational Safety and Health Act ensures workplace safety by requiring employers to provide safe working conditions and safety training. Employees have the right to report workplace hazards without fear of retaliation.
If workplace safety is compromised, employees should report violations to the Occupational Safety and Health Administration (OSHA).
9. Employee Polygraph Protection Act (EPPA)
The Employee Polygraph Protection Act prohibits most employers from requiring employees to take lie detector tests. There are exceptions in industries such as security services and government positions. Employees subjected to unlawful polygraph testing should seek legal counsel to address violations of their rights.
Employers cannot use polygraph tests as a condition of employment, nor can they retaliate against employees who refuse to take them.
10. Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act protects employees who serve in the military. It ensures job reinstatement after military service and prohibits discrimination based on military status. Understanding USERRA helps employees secure their employment rights when returning from service.
Under USERRA, employers must rehire service members in the same or equivalent positions they held before deployment. Employers cannot deny promotions or benefits due to military service.
Wrapping It Up
Understanding employment laws protects employees from unfair treatment, unsafe working conditions, and discrimination. By staying informed about these rights, employees can advocate for themselves and their colleagues. If you believe your rights have been violated, consulting a reputable employment law attorney can provide guidance and support in seeking justice.
Get Help With BLG
If you’re looking for an employment lawyer with experience, our professionals at Bourassa Law Group are here for you. Let us know what you’re dealing with and we’ll get you your due rights.
1-800-870-8910