There is a range of labor rights that every employee in the US is entitled to. If your employer fails to honor these rights then you are eligible to claim compensation from them in court. Some employers will try to deceive or intimate their employees into giving up their rights so every employee must know exactly what their labor rights are to protect themselves. This article is a guide to labor rights that you should never miss out on.
1. The Right to Not be Discriminated Against
The first right that all employees are entitled to be protected against discrimination based on age, disability, gender, ethnicity or national origin, race, skin color, and religion. The federal law protects most federal state and local government employees and many employees of private employers with 15 or more employees. Some examples of workplace discrimination include being fired or having your work hours cut because of your race or sex, being denied promotions or transfers because of your age, being taunted or harassed by your co-workers because of your religion.
2. The Right to Not be Retaliated Against
The law also protects employees against retaliation in the workplace. This prevents an employer from retaliating or discriminating against an employee who enforces his or her rights. The employees’ rights protected include the right to receive workers’ compensation, the right to receive the minimum wage, and the right to report dangerous workplace conditions. If an employee gets hurt at work, then they have the right to file a claim against their employer without the employer trying to retaliate against them. Any worker who has been injured in their workplace should seek help with filing a claim from a specialized personal injury attorney. Workplace injuries can lead to serious health problems and significant medical bills and loss of wages. A personal injury lawyer can ensure that an employee gets the compensation they need to facilitate their recovery. It is always advisable to consult with an attorney specializing in employment law before complaining to an employer about treatment or taking legal action against your current or former employer as they can ensure you are protected from retaliation.
3. The Right to Take Sick Leave
Another federal law that protects employees allows employees to take up to 12 weeks of unpaid leave for a health-related reason and still keep their job. The law allows an employee to take unpaid leave for his or her serious health condition or the serious health condition of a spouse, parent, or child, as well as for the birth or adoption of a child. A serious health condition is an illness, injury, or physical or mental condition that involves an overnight stay at a hospital, hospice, or residential medical care facility. When the employee returns from sick leave, employees are entitled to be reinstated to the job that they held at the time they took leave or to a similar position with equivalent benefits, pay, and other conditions.
4. The Right to Fair Pay
Every employee has the right to earn at least minimum wage and, if they work full-time, employees are also entitled to some vacation pay and overtime pay. If employees work more than 40 hours, they should receive overtime pay which is their regular hourly rate plus 50%.If you leave your job for any reason, your employer must pay you and any earned pay or vacation time. Any earned wages must be paid to you on the next regular day after your last day of work. You should consult with an attorney before filing an action in small claims court to determine what evidence you will need to present in court. If you retain a private attorney to represent you, your former employer may be ordered to pay your attorney’s fees.
5. The Right to Unemployment Insurance
All unemployed people of working age are eligible for unemployment insurance benefits as long as they are able and available for work and have been paid wages by the employer over a defined time called the base period. Ex-employees are not entitled to unemployment insurance if they were fired for reasons of misconduct. Examples of misconduct can include threatening a co-worker, disobeying a directive from a supervisor, failing a drug test, or taking unexcused absences from work. Employees have the right to ask for official warnings if an employer is dissatisfied and are also entitled to disagree with a warning that they receive. These official warnings are necessary if you lose your job and you have to prove it was unfair to receive your unemployment insurance.
Labor rights make sure that workers are protected from exploitation. There is a wide range of rights that keep workers safe from harm and unfair treatment or dismissal. If employees’ rights are abused then they must seek swift legal representation to help them to bring relevant legal action against their employers.