Navigating workplace rights and protections can be complicated, especially when many employees are unaware of the full extent of legal safeguards available to them. Whether it’s understanding protections against unfair treatment, wage issues, or knowing how to handle a job termination, being informed about your rights can make a significant difference in your career and financial security. While some workplace rights are well-known, others remain less obvious but equally important.
This article explores some of the lesser-known employee protections and what you need to be aware of in the workplace.
1. Protection Against Wrongful Termination
Many employees believe that being fired in an at-will employment state means there’s no recourse if they lose their job. While it’s true that at-will employment allows an employer to terminate workers for almost any reason (or for no reason at all), there are exceptions. Even in at-will employment states, you cannot be terminated for discriminatory reasons or in retaliation for asserting your legal rights.
For example, an employer cannot fire you because of your race, gender, religion, disability, or another protected characteristic under federal and state anti-discrimination laws. Additionally, firing an employee for reporting harassment, wage violations, or unsafe working conditions is illegal. Understanding these exceptions is crucial, as many workers mistakenly assume they have no protections in at-will states.
2. Wage and Hour Protections
Employees are entitled to fair compensation under federal and state labor laws. These laws set minimum standards for wages, overtime pay, and how many hours employees can work without additional compensation.
Overtime Pay: Non-exempt employees are entitled to overtime pay for any hours worked beyond 40 in a workweek. This overtime must be compensated at one and a half times the employee’s regular rate. Employers who misclassify workers as exempt or independent contractors to avoid paying overtime may be violating wage and hour laws.
Minimum Wage: While the federal minimum wage is set at $7.25 per hour, many states have higher minimum wage requirements. Employers are required to follow the law that provides the greatest benefit to the employee.
Employers must comply with these wage and hour laws, and workers have the right to recover any unpaid wages. If you suspect you’ve been underpaid, it’s important to document your hours and pay and consult with your state’s labor department or a lawyer to explore your options.
3. Protection from Retaliation
If you’ve reported unlawful behavior in the workplace, such as discrimination or unsafe conditions, you are protected from retaliation by your employer. Retaliation can take many forms, including demotion, a reduction in work hours, negative performance reviews, or even termination.
Federal laws, including Title VII of the Civil Rights Act and the Occupational Safety and Health Act (OSHA), protect employees who exercise their legal rights. If you experience retaliation, it’s important to document these actions and report them to the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or OSHA. In many cases, retaliation claims can be pursued alongside the original complaint, providing you with additional legal avenues for recourse.
4. Family and Medical Leave
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. This includes:
- The birth or adoption of a child
- Caring for a spouse, child, or parent with a serious health condition
- A serious health condition that prevents the employee from performing their job
Although FMLA leave is unpaid, it guarantees that employees can return to their job (or an equivalent position) once their leave is over. Many employees are unaware that they are entitled to this leave, especially if they work for a company that employs 50 or more people.
5. Protection Against Workplace Harassment
Harassment in the workplace based on race, sex, religion, disability, or another protected characteristic is illegal. Harassment can include offensive comments, unwanted sexual advances, or other actions that create a hostile work environment.
Employers are required to take steps to prevent harassment and must address any complaints promptly. If your employer fails to act on a complaint or retaliates against you for reporting harassment, you may have legal grounds to pursue a claim.
6. Disability and Pregnancy Protections
Federal laws like the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA) provide additional protections for employees. Under the ADA, employers must provide reasonable accommodations to employees with disabilities unless it would cause undue hardship to the business.
The PDA prohibits employers from discriminating against employees or job applicants because of pregnancy, childbirth, or related medical conditions. This includes treating pregnant employees differently in terms of job assignments, promotions, or benefits.
Employees who require accommodations due to pregnancy or disability should work with their employer to explore available options. If accommodations are denied or if discrimination occurs, it may be necessary to file a complaint with the EEOC or another relevant government agency.
If you believe your employer has infringed upon your rights, consult with an employment attorney or a government agency to explore your legal options. By being informed and proactive, you can take control of your work environment and protect your future.
