Tips are people who work in occupations where they usually and regularly receive more than $30 per month in tips. The employer may consider tips as part of the wages, but must pay at least $2.13 per hour in direct wages. Under laws enforced by the EEOC, it is illegal to discriminate against anyone (applicant or employee) on the basis of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 years of age or older), disability, or genetic information. It is also illegal to retaliate against a person who has complained of discrimination, filed a discrimination lawsuit, or participated in an investigation or prosecution of discrimination in the workplace. Employers are required to provide a reasonable break to allow a worker to express the breast milk of her breastfed child for one year after the birth of the child, each time the worker has to express milk. Employers are also required to provide a place other than a bathroom that is protected from sight and free from employee and public intruders who can be used by an employee to express breast milk. The wages required by the FLSA are payable on the regular pay day of the covered salary period. Deductions from wages for items such as shortages of money or goods, employer-imposed uniforms and craft tools are not legal to the extent that they reduce workers` wages below the minimum rate required by the RSA or reduce the amount of overtime pay due under the RSA. Discriminatory practices under laws enforced by the EEOC include constructive dismissal or forced dismissal of an employee by making the work environment so intolerable that a reasonable person could not stay. Employers are required to send notices to all employees informing them of their rights under laws enforced by the EEOC and their right to freedom from retaliation. Such notices must, where applicable, be accessible to persons with visual impairments or other disabilities affecting reading. The National Industrial Relations Act prohibits employers from interfering, restricting or coercing workers to exercise their rights related to organizing, establishing, joining or supporting a labour organization for the purpose of collective bargaining, or from cooperating in improving conditions of employment or refraining from such activity.
Similarly, trade unions may not restrict or compel their employees to exercise these rights. Visit the FBI website to learn how to request a federal background check or a request for identification data. The National Labor Relations Board (NLRB) is an independent federal agency. It monitors and protects the rights of most private sector (non-governmental) workers. The NLRB helps workers decide whether unions should be used as negotiators. Many states and cities also have minimum wage laws. If federal and state laws have different rates, the higher salary applies. Find your state`s minimum wage laws and minimum wage for tipped employees. If you are under the age of 18 and want to find a job, it is important to know your rights and restrictions as an employee. Youth employment laws exist to protect you from dangerous and inappropriate work experiences. You also need to make sure that your work doesn`t interfere with your education. These laws state: Several different federal agencies deal with questions or complaints about workplace issues, depending on the nature of the problem: This leave without pay is guaranteed by law and is available to workers in businesses with 50 or more employees.
FMLA fact sheets can help you understand your rights and coverage. U.S. law prohibits employers from retaliating against workers exercising their rights in the workplace, regardless of their immigration status. Employees are protected in the application of labor and labor laws. This fact sheet states that reprisals against workers who claim rights in the workplace are illegal, regardless of the immigrant status of the workers. Even under a safety agreement, workers who refuse to join a full union can continue to be “core members” and pay only the portion of dues that is used directly for representation, such as collective bargaining and contract administration. They are called objectors and are no longer full members, but are still protected by the collective agreement. Trade unions are required to inform all affected workers of this option, which was created by a Supreme Court decision and is known as the Beck Law. Harassment outside the workplace may also be illegal if there is a connection to the workplace. For example, if a supervisor harasses an employee while driving them to a meeting. Employers must comply with all Occupational Safety & Health Administration (OSHA) standards.
These protect you from workplace injuries. In addition to complying with federal and state regulations on youth labor, employers must: The United States Equal Employment Opportunity Commission (EEOC) enforces all of these laws. The EEOC also oversees and coordinates all federal equal employment opportunity regulations, practices, and policies. If you are an employer seeking information about the lawful termination of an employee, you should contact both the Equal Employment Opportunity Commission (EEOC) and your state employment office to ensure that you are not violating federal or state labor laws. You may want to contact a licensed attorney. Local, state, or federal government agencies and private employers may conduct background checks when hiring an employee. If the agency determines that the impasse has not been reached, the employer is invited to return to the bargaining table. In an extreme case, the NLRB can seek a federal court order to force the employer to bargain. Overtime must be paid at least one and a half times the employee`s regular wage for each hour worked in a work week that exceeds the maximum rate allowed in a given type of employment. In general, the regular rate includes all payments made by the employer to or on behalf of the employee (with the exception of certain statutory exclusions). The following examples are based on a maximum weekly working time of 40 hours, which applies to most insured and non-exempt workers. The Family and Medical Leave Act (FMLA) is a federal labor law that allows an eligible employee to take longer leave.
If, under the employment contract, a wage sufficient to meet the minimum wage requirement for each working week is paid as direct working time for the number of hours worked in a working week, the normal rate is obtained by dividing the wage by the number of hours worked per week. Suppose an employee`s hours of work vary each week and the agreement with the employer states that the employee receives $480 per week for the required number of hours worked. Under this agreement, the regular rate varies in additional weeks. If the employee works 50 hours, the regular rate is $9.60 ($480 divided by 50 hours). In addition to the salary, half of the regular rate, $4.80, is due for each of the 10 hours of overtime, for a total of $528 for the week. If the employee works 60 hours, the regular rate is $8.00 ($480 divided by 60 hours). In this case, an additional amount of $4.00 is due for each of the 20 hours of overtime, for a total of $560 for the week. Harassment in the workplace because of these protected classes is also prohibited by federal and state law. These safeguards prohibit harassment if it is so severe or pervasive that it creates a hostile work environment.
According to the EEOC, “While the law does not prohibit mere teasing, casual comments, or isolated incidents that are not very serious, harassment is illegal if it is so frequent or severe that it creates a hostile or offensive work environment, or if it results in an adverse employment decision (e.g., if the victim is terminated or demoted).” People who are harassed in the workplace because of these protected classes may be able to take legal action at the state level. If they are unable to do so due to their state`s regulatory structure, they may be able to file a complaint against the EEOC. Discriminatory practices under these laws also include: The EEOC provides a range of information and assistance materials to individuals and entities with rights and obligations under laws administered by the EEOC. Most materials and aids are made available to the public free of charge. Additional specialized training and technical assistance is provided for a fee under the auspices of the EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992. For more information on educational and other support, please contact the nearest EEOC office at 1-800-669-4000 (voice) or 1-800-669-6820 (TTY).
