The Legal Rights of Employees in the Workplace

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The Legal Rights of Employees in the Workplace
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Your work environment is almost as important as your home environment. Chances are, you spend just as much time at work as you do at home, and happiness at work extends to happiness at home. That's why it's important to understand your rights as an employee. 

The rights of employees aren't necessarily gone over in detail when you start a new job. You're probably more concerned with performing rather than the rights of employees. 

Don't make the mistake of overlooking your employee rights because you're bogged down with your job responsibilities. It can mean the difference between justice and injustice.  

Read on to discover your rights as an employee and make sure they aren't violated. 

Rights Against Discrimination 

Regardless of where you are employed in the United States, you have a right against employers discriminating based on things such as race, sex, age, disability, sexual orientation, and national origin. Employers may not refuse to hire, discipline, terminate, deny training, refuse to promote or discriminate against employees' salaries based on discrimination. 

In addition, employers may not physically or verbally harass employees. They are also prohibited from adopting any hiring process that excludes protected groups. 

Rights of Employees Against Wrongful Termination 

At-Will Employment has its limitations. In every state except Montana, the law recognizes employment as at-will. However, employers can not terminate employees based on reasons involving discriminatory reasons, or any other reason that violates the employer-employee employment contract. 

Wages 

The rights of employees and their wages may be different from state to state or city to city. For example, San Francisco has a completely different minimum wage than Denver. Wages also vary from occupation to occupation. Tipped employees have a lower minimum wage than other professions. 

Overtime depends on whether or not an employee is wage-based or salary based. Salary based employees are non-exempt from overtime if they make below $23,000. Independent contractors are exempt from overtime.  

Workplace Safety 

The rights of employees to a safe work environment are some of the most basic employee rights. The Occupational Safety and Health Act of 1970 started aimed to reduce workplace hazards and implement safety and health programs for both employers and employees. 

Rights of employees under the OSHA Act are as follows:

  • clear training and information in layman's terms on the hazards of their workplace, ways to avoid harm, and applicable OSHA standards and laws;
  • confidentially make a complaint with OSHA to have an inspection of the workplace
  • not be discriminated against or retaliated against for making OSHA-related complaints or inquiries.

Employers obligations under the OSHA Act

  • Provide a safe workplace
  • Find health and safety hazards
  • eliminate health hazards 
  • maintain records of all health-related hazards

If you or anyone you know has had a violation of employee rights by an employer, be sure to consult with a local lawyer. You never know what you are entitled to unless you discuss it with a professional. 

Understand the Rights of the Employee

The rights of employees should never be violated without the correct recourse. The more you understand these rights the more comfortable you'll be with taking the right job and performing your duties to your utmost ability.

Don't let employees take advantage of you. Keep yourself educated. 

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