Know Your Rights
You Have a Right to Safe, Healthy and Fair Working Conditions
Workers in the United States have certain basic legal rights to safe, healthy and fair working conditions. Unfortunately, some employers may violate these fundamental rights. So what are these rights exactly?
1. Refuse or Neglect to Pay You Overtime
You deserve to get paid appropriately for the number of hours you work every week. If you qualify for overtime pay, your paycheck should reflect that. Laws that are in place state that employers must provide their employees with “premium pay” when they work more than 40 hours in one week. Check your time records and your pay stubs.
2. “Paper” Your Employee File
Sometimes, when a manager is a bully or decides they just do not like you, they may start “papering” your employee file. That manager may be violating your employee rights. “Papering” is when a person in authority will write a lot of unwarranted negative reviews or extensive documentation when you do anything slightly different from your colleagues to stuff your file in order to justify firing you.
3. Not Give You a Promotion Because You are Are a Member of a Protected Class
Just as one example, Sex discrimination is prohibited by law. Laws protects workers from being treated differently just because of their biological sex. Our state also has workplace rights legislation protecting employees from sex and gender discrimination.
4. Create a Hostile Work Environment
A lot of people have had bad bosses. But it crosses a legal line when the work environment becomes hostile. A hostile work environment is defined as one where an individual (or group of individuals) is subject to unwanted sexual advances, discrimination, offensive comments, bullying based on a protected status or activity, or other similar actions that create an intimidating and oppressive atmosphere. Additionally, a worker(s) may become fearful and intensely anxious to come into work because of those actions. Under some circumstances, bullying may rise to such a level that an unsafe workplace is created triggering protection under the Occupational Safety & Health Act (OSHA).
A hostile work environment can be caused by a boss, direct supervisor, vendor or contractor, co-worker, or even a customer. Employee rights laws protecting people from a hostile work environment are specific.
5. Firing You Because You Reported Illegal Behavior or Unsafe Working Conditions
If you see something illegal or unsafe and report it, then become targeted or get fired, your boss could be in deep legal trouble. Whistleblowers are important to keep employers operating legally and safeguard the well-being of themselves, fellow employees, and even the public. They are protected under multiple laws.
6. Pay You Less Than Minimum Wage
Employers must pay a minimum wage to employees or face legal action.
7. Ask You to Work Off the Clock
Certain companies will do unlawful things to avoid paying overtime and increase their bottom line, including asking employees to work off the clock. Have you been asked to do training when you are not on the schedule? Has your boss told you to organize and clean your work area after you have punched out? These tasks violate employment laws.
If you feel your rights to safe, healthy and fair working conditions are being violated contact your union steward or union representative to discuss what steps may need to be taken. If you don’t have a union and you feel your rights are being violated and would like information on how to start a union click here to learn the steps to joining.
