Every worker deserves fair treatment and a safe place to work. This is why employee protection laws exist, setting the ground rules for what employers can and can’t do. They give employees the right to fair wages, a safe workplace, and protection from discrimination.
It’s important to know your rights, whether you’re starting a new job, facing a workplace issue, or preparing for the future. This post breaks down the major federal laws that protect employees and what steps you can take if something goes wrong.
What Are Employee Protection Laws?
Employee protection laws are federal and state regulations that protect workers from unsafe conditions, unfair pay, and discrimination in the workplace. They make sure employees are treated fairly and have the right to take action if their rights are violated.
Fair Pay and Work Hours
The Fair Labor Standards Act (FLSA) is the main federal law covering pay and work hours. It protects most workers and covers the following:
- Minimum Wage: Employers must pay at least the federal minimum wage. Some states have higher minimums, but the federal rate is the baseline.
- Overtime Pay: If you work more than 40 hours in a week, you are entitled to overtime pay at 1.5 times your regular rate.
- Child Labor Protections: There are restrictions on the types of jobs minors can do and the hours they can work.
- Recordkeeping: Employers must accurately track your hours and wages.
Federal minimum wage laws are designed to prevent underpayment and protect workers from exploitation.
What You Can Do:
If you believe your employer is underpaying you or not paying overtime, contact the U.S. Department of Labor’s Wage and Hour Division. You can file a confidential complaint online at dol.gov or by calling 1-866-487-9243.
Safety in the Workplace
The Occupational Safety and Health Act (OSH Act) requires employers to provide a safe, healthy work environment. The Occupational Safety and Health Administration (OSHA) enforces this law.
OSHA safety standards require employers to remove known hazards, provide proper safety training, and supply protective equipment when needed.
You have the right to:
- Work in a place free from known dangers.
- Receive safety training in a language you understand.
- Use protective equipment, like gloves or harnesses, when needed.
- Refuse to work in unsafe conditions.
- Report unsafe work conditions without fear of being fired or punished.
What You Can Do:
If your workplace is unsafe, talk to your employer first. If they don’t fix the issue, you can file a complaint with OSHA. You can do this online at osha.gov, by calling 1-800-321-6742, or by contacting your local OSHA office. If your employer retaliates against you, file a retaliation complaint within 30 days.
Protection from Discrimination
Several workplace discrimination laws protect employees from unfair treatment based on personal characteristics. These laws apply during hiring, while on the job, and if you are fired.
Key laws include:
- Title VII of the Civil Rights Act of 1964: Protects against discrimination based on race, color, religion, sex, or national origin. It also covers sexual harassment.
- Pregnancy Discrimination Act: Protects against unfair treatment due to pregnancy, childbirth, or related health conditions.
- Age Discrimination in Employment Act (ADEA): Protects workers aged 40 and older.
- Americans with Disabilities Act (ADA): Protects qualified individuals with disabilities and requires reasonable accommodations for them.
- Equal Pay Act (EPA): Requires men and women to receive equal pay for equal work.
- Genetic Information Nondiscrimination Act (GINA): Prohibits employers from using genetic information in hiring, firing, or other decisions.
If you are passed over for a promotion after telling your employer you are pregnant, for example, this may be discrimination.
What You Can Do:
If you believe you have been treated unfairly, you can file a charge with the Equal Employment Opportunity Commission (EEOC).
- File online at eeoc.gov or call 1-800-669-4000.
- Complaints often need to be filed within 180 days, so be quick.
Family and Medical Leave
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for:
- Their own serious health condition.
- Caring for a spouse, child, or parent with a serious health condition.
- Bonding with a newborn or adopted child.
Federal FMLA leave rights prevent your employer from firing you or taking away your health insurance while you’re on approved leave.
Eligibility Requirements:
- You must work for an employer with 50 or more employees.
- You must have worked for the employer for at least one year and a certain, state-dependent number of hours in the last 12 months.
What You Can Do:
If your employer denies your FMLA leave rights or retaliates against you, contact the Department of Labor’s Wage and Hour Division at 1-866-487-9243 or visit dol.gov.
Special Protections for Certain Workers
Some employees, such as farm laborers and federal contract workers, have additional rights under specific laws:
- Migrant and Seasonal Agricultural Worker Protection Act (MSPA): Protects farmworkers by requiring fair pay, safe housing, and safe transportation.
- Davis-Bacon Act: Requires contractors on federal construction projects to pay workers local prevailing wages.
- Service Contract Act: Ensures fair wages and benefits for workers on federal service contracts.
What You Can Do:
Farmworkers can file complaints with the Department of Labor online at dol.gov or by calling 1-866-487-9243.
What to Do If Your Rights Are Violated
If you believe your employer has violated employee protection laws or you’ve experienced an employment law violation, you have options. Depending on the issue, here’s where to turn:
- Wage and Hour Problems: Contact the U.S. Department of Labor’s Wage and Hour Division at 1-866-487-9243 or visit dol.gov.
- Workplace Safety Concerns: File a complaint with OSHA online at osha.gov or call 1-800-321-6742.
- Discrimination or Harassment: Contact the EEOC at 1-800-669-4000 or visit eeoc.gov.
Most complaints can be filed online or by phone. Retaliation is illegal—employers can’t punish you for reporting a workplace violation.
When Legal Help May Be Needed
Employers and businesses may need legal guidance to comply with employee protection laws. For businesses across the US, employing commercial legal services offered by corporate attorneys can assist with employment law issues.
Know Your Rights
- Understand employee protection laws and your workplace rights.
- Report wage violations to the Department of Labor.
- Raise safety concerns with OSHA.
- File discrimination complaints with the EEOC.
- Seek legal advice when necessary.
