Know Your Worth: Basic Legal Rights Every Employee S...

Hey everyone. Many of us shy away from it, but let’s talk about our rights at work! It can feel intimidating, right? So much of our lives are all about getting the job, doing it well, keeping the job. It is easy to forget we have a whole set of law that protects us. It is not about being confrontational but being informed. Becoming aware of your basic legal rights can be empowering and protecting. It may help you get treated fairly and with respect.

At first, I did not understand things that were okay or not okay at my job. I thought that if a company is doing something, it must be legal. Heads up: that is not always the case. Knowing your rights can help you more than you'd think. It’s for navigating your entire career with confidence.

So, let's pull back the curtain on the legal stuff. Don’t worry—it’s not too heavy. Just think of this as your easy-peasy guide to basic employee rights in the U.S. We'll break it down into simple, understandable pieces.

🤔 Why Knowing Your Rights İs Non-negotiable

You can only ask for what you know. You can’t advocate for yourself if you don’t know what you are entitled to. Workplace problems are often not malicious but due to ignorance of the employee and sometimes even the employer.

When you are informed, you will be able to identify potential issues before things get out of control. You will ask better questions and feel more at ease when dealing with others in your profession. Having a healthy relationship with your employer is vital in your career.

With this knowledge, you can ensure that you are paid fairly, safely and equally.

💰 Fair Payments And Working Hours İs Dear To Us

We’ll start with the essentials your paycheck. The Fair Labor Standards Act (FLSA) is the foundation for the wage and hour protections of most workers in the country.

Minimum Wage

This is the lowest hourly wage you can legally be paid. The government sets the federal minimum wage. However, an important tip is that your state — and even your city — may have a higher minimum wage. If they do so, your employer has a legal obligation to pay you the greater of the two. Always check your local laws!

Overtime Pay

This is a big one. Most non-exempt employees are entitled to receive overtime for any time worked in excess of 40 hours in a workweek at a rate of at least 1.5 times their regular rate of pay. A “workweek” is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods. It doesn't have to be Sunday through Saturday.

Key Difference: Exempt vs. Non-Exempt: The non-exempt worker is protected by the overtime rule. Employees who aren’t “exempt” must meet a standard set of requirements governing the employee’s job duties and the federal minimum salary paid. These include those in executive, administrative and professional roles. Your employer can't just give you a fancy title and call you exempt so that they won't have to pay you overtime; it is the actual duties that matter.

A great tip we learned was to keep a personal tab on your hours worked. Use a simple app or a notebook. If there is ever an issue with your pay, this can be really helpful. A friend of mine was saved by this simple habit when their employer’s new payroll system had a glitch that shorted them almost 10 hours of overtime.

👷‍♀️ The Right To A Safe & Healthy Workplace

You have the right to work in a safe zone with the least dangerous conditions. The Occupational Safety and Health Administration (OSHA) enforces this important proposal.

What Does A "safe Workplace" Mean?

Your boss should give you a work environment free of health and safety risks that they know about. This includes.

We will provide you at no cost to you, any necessary safety equipment (hard hat, gloves, respirator, etc.).

We’ll teach you about hazardous substances in words and language you can understand.

Keeping accurate record of work-related injuries and illnesses.

We are guarding you from harmful chemicals and ensuring proper safety measures.

Your Rights Under Osha

You have the right to speak out about a safety issue without fear of retaliation. You have the right to submit a complaint to OSHA if your workplace has serious hazards. After an inspection, they can ask an employer to fix a problem. You should never feel the need to choose between your safety and your paycheck.

🛑 The Right To Be Free From Discrimination & Harassment

This is a fundamental right. It is against the law for an employer to treat you differently due to your race, color, religion, sex, national origin, age (40 or older), disability, or genetic information. The United States puts this protection into place. Equal Employment Opportunity Commission (EEOC).

What Does Discrimination Look Like?

This includes hiring, firing, promotions, salary, job assignments, and training of employees. It is not legal for a company to, for example, refuse to hire you because of your national origin, or pay you less than a male colleague for doing the same job.

Workplace Harassment

Harassment is a form of discrimination. It means unwelcome behaviour connected with the characteristics listed above. Harassment becomes illegal when.

You must put up with rude behavior or you will lose your job.

The behavior is serious or frequent enough to create an environment that a reasonable person would find intimidating, hostile, or abusive.

Even if a comment seems offhand or simple teasing, it won’t be unlawful; but frequent or severe conduct is. You have a right to not have your workplace subjected to this sort of thing.

👨‍👩‍👧‍👦 The Access To Family And Medical Leave Act (fmla)

Life happens. You may become ill, need to tend to a sick relative, or welcome a new child. An act named Family Medical Leave Act (FMLA) was passed in order to provide employees a balance in their work and family.

Who İs Eligible?

FMLA applies to employers with 50 or more employees. To qualify, you must be employed at your employer for at least 12 months and for at least 1,250 hours in the past 12 months.

What Does It Provide?

If you are qualified, you may take up to twelve weeks of unpaid and job-protected leave each year.

The birth and care of a newborn child.

The placement of a child for adoption or foster care.

Caring for a spouse, child or parent with a serious health condition qualifies for leave.

Due to a serious health condition, you are unable to perform your job.

The "job-protected" part is crucial. When you come back, you get to go to your old job again - or a similar one with the same pay, benefits and other terms.

⚖️ What To Do If You Think Your Rights Are Violated

If your rights have been violated, it can be scary to figure out what to do. It can be stressful, so make sure to conserve some of your mental energy too.

Here’s a general path you can consider.

Keep a record of everything that occurred privately. Remember the dates and times. Remember the places. Remember what was said or done and who was there. Never save any emails, text messages, or documents to your work computer. Make sure you save these to your phone or the cloud.

Check Your Employee Handbook It will often describe how a company plans on reporting things such as harassment.

You should report it to your manager, human resources or another designated person (if you feel safe doing so). This gives the company a chance to correct the problem. Often a prerequisite to filing a lawsuit, this is a necessity.

Contact a Government Agency: If the internal report doesn't resolve the issue, you can file a complaint with the appropriate government agency. For discrimination, that's the EEOC. For wage issues, it's the Department of Labor. For safety, it's OSHA.

Look for Legal Guidance: You may want to speak to a workplace attorney to check what you can do. Many offer free initial consultations.

You Might Also Like: How To Fill Out A Power Of Attorney

Frequently Asked Questions (faq)

Can my employer fire me for no reason?

In most states, employment is “at-will.” This means that your employer could end your employment any time, for any reason, or for no reason at all. The only restriction on this power is that the reason mustn’t be illegal. Your employer cannot fire you for discrimination (age, race) or retaliation for filing a complaint about a health or safety violation. They can terminate your employment for your personality traits or even downsize your department.

What is the difference between an employee and an independent contractor?

This is a really important distinction. Employees have all the rights we've discussed. Independent contractors, or freelancers, do not. They are not entitled to minimum wage, overtime or FMLA leave and pay their self-employment taxes. A company is deemed to have or not have an employer/employee relationship with the worker. If the business influences the work that you do, and how you do it, you’re likely an employee, even if they say you’re a contractor. It is illegal for employers to misclassify employees as contractors to avoid paying benefits and taxes.

Can an employer stop you from talking to co-workers? Owner won’t like this.

Generally, no. According to the NLRA, employees can engage in "concerted activity" or join together to either help or protect their rights. You have the right to talk about pay and working conditions with your colleagues. It is the right of an employee to know their pay is.

Are my lunch breaks required to be paid?

This depends on the duration of the break. Employers don’t have to provide lunch or coffee breaks as per federal law. But if they do give short breaks, usually lasting 20 minutes or less, that time should be paid. Unless completely relieved from duty, bona fide (30 minutes or more) meal periods do not need to paid. You must be paid if you do any work during your lunch break when asked. Some state laws are more stringent; always check locally!

Can my employer monitor my work computer and emails?

Yes, generally they can. If you’re using a computer, device or network owned by the company, then you should expect little to no privacy. Employers may monitor their premises to ensure their business property is being used for business. This means that they can even check your emails and websites. Best to use personal device at non-work hours for personal activities in, always safe.

What happens to my final paycheck if I get fired or I quit?

This is heavily dependent on state law. There is no federal law regulating immediate payment. Employers are required to give out the final paycheck on the employee's last day in work in some states while other states allow the employer to wait till the next pay day. Check the final paycheck rules for your state to learn your rights. Your last paycheck should cover all wages you have earned, including any accrued and unused time off that is required to be paid out by either your state or your company policy.

Can my job description or work schedule be modified without my permission?

In most cases, yes. If you are an at-will employee, your employer can usually alter the terms of your employment at any time. Your employer can change your job duties, work schedule, or location at any time without notice, as long that does not happen for a discriminatory reason. For instance, they cannot change your schedule like that to make you quit because of your age. If you have a contract or a bargaining agreement, the change must not go against that.

What is "wrongful termination"?

While people can generally be fired for any reason, that reason cannot violate federal or state law. Examples of wrongful termination include when an employer fires an employee based off their race or religion (discrimination), when an employer fires an employee for reporting illegal conduct conducted by the employer (whistleblower retaliation), when an employer fires an employee for taking legally protected leave (like FMLA), or when an employer fires an employee for not agreeing to do something illegal.

Can my boss ask about my medical history or my disability?

The Americans with Disabilities Act (ADA) has strict limitations on this. Employers cannot inquire about a disability or pose medical questions during the application process prior to a job being offered. After making a job offer, they may pose medical questions and require a medical examination so long as they do so for all other new employees in the same job. An employer may not rescind a job offer because of a disability, unless it prevents you from performing the essential functions of the job, even with a "reasonable accommodation."

Do I have the right to see my own personnel file?

Nearly fifty percent of U.S. states have made laws which give employees some right of access to their files. The laws differ in what is visible, when it is visible, and if you can copy what is visible. There is no federal law on this. Generally, if this right is granted by your state, a formal written request must be made. Your file can contain performance reviews, job descriptions, attendance records, and the like, all of which you will find useful if a dispute arises.

Written by

Timothy Davidson

Timothy Davidson has been writing on a wide range of topics for over a decade. He is a versatile writer with a passion for exploring new ideas and sharing his insights with others. When he's not blogging, Timothy enjoys spending time with his family, traveling, and staying up-to-date with the latest news and trends.

Know Your Worth: Basic Legal Rights Every Employee Should Know

🤔 Why Knowing Your Rights İs Non-negotiable