As a worker, you have a lot of rights and responsibilities under the law. In this article, we’ll take a look at some of the more important rights that you should know about, including your right to be paid on time, your right to unionize, and your right to file a complaint with the government if you believe that your rights have been violated.
Table of Contents
The Basics of Employment Law
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Employment law is the body of law that governs the relationship between employees, employers, and labor unions. Employment law covers a wide range of topics, including minimum wage, overtime pay, child labor, harassment in the workplace, severance pay, and more.
Minimum Wage
The minimum wage is the lowest hourly wage that an employer is required to pay a worker. The federal minimum wage is currently $14 per hour. Many states have their own minimum wages, which are usually higher than the federal minimum. Some states also have higher minimums for certain groups of workers (for example, minors).
Overtime Pay
The overtime rule requires employers to pay overtime to workers who work over 40 hours in a week at a rate of 1½ times their normal hourly rate. This means that an employee who works 50 hours a week would earn 1.5 times their regular hourly rate for those extra 10 hours.
Severance Pay
Severance pay is a payment that an employer must make to an employee who is terminated from their job. Severance pay is sometimes called “termination pay.” The purpose of this pay is to help the employee cover some of the costs associated with leaving their job, such as lost income.
Child Labor
Child labor is work that a child under the age of 18 does in an industry or business. Child labor can lead to serious health problems for children, and it’s illegal in most cases for employers to employ children in hazardous jobs. There are a few exceptions to this rule, such as when a child is employed by their parents in a family business.
Harassment in the Workplace
Harassment in the workplace refers to any behavior that creates an environment that is hostile or offensive towards employees. This can include things like unwanted sexual advances, verbal abuse, and bullying. Harassment can lead to emotional and physical stress, and it’s often difficult for employees to report incidents of harassment because they fear retaliation from their employer. We’ll discuss this further in the article.
Employment Contracts
Employment contracts are agreements between an employee and their employer. They can be written (informal contracts) or oral (spoken contracts). Most employment contracts include provisions about wages, hours, and other terms and conditions of the employee’s job.
If you believe that you have been wrongfully fired or otherwise discriminated against in the workplace, it is important to know your rights so that you can take action. Sattiraju & Tharney firm can help you with any questions you may have, and help you get started.
Harassment in the Workplace
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If you are being harassed at work, there are a few things you should know about your rights.
The first thing to keep in mind is that harassment in the workplace is illegal. Harassment can take many forms, from offensive language to physical abuse, and it can happen to anyone, regardless of their job or station in the company. If you believe that you are experiencing harassment at work, don’t wait to speak up. Speak to your supervisor or human resources department immediately to get help resolving the issue.
Keep in mind it doesn’t just occur between coworkers; it can also be directed at you by your boss or other managers. If you feel that you’re being treated unfairly or harassed by a superior, speak up. You may be entitled to a different working environment, and your employer may be liable for any injuries that result from the harassment.
Don’t hesitate to reach out for help. The National Women’s Law Center provides a number of resources on its website, including information on how to file a complaint and what to expect after filing one.
The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) guarantees eligible employees up to 12 weeks of leave for childbirth, adoption, foster care, care for a spouse, parent, or child with a serious health condition, or to provide support to a military member or veteran.
FMLA requires employers to provide notice and opportunities for employees to take leave. The notice must specify the dates of leave and the reasons for taking leave.
A worker is eligible for FMLA leave if he or she has worked for an employer for at least 12 months and has worked 1,250 hours in the preceding 12 months. The employee must also have worked for the employer within the last twelve months and have been employed continuously for at least 26 weeks.
If an employee takes FMLA leave, his or her boss must continue to pay him or her his regular salary while on FMLA leave. However, the employer may not penalize the employee for taking FMLA leave nor may it reduce his or her work schedule if he or she takes FMLA leave. If a worker takes FMLA leave and then returns to work, his or her employer must reinstate him or her at his previous rank, pay rate, and job specifications.
An employer must grant a worker leave to take FMLA if he or she meets the eligibility requirements, except in cases of employees who are covered by a union contract.
FMLA applies to private employers with at least fifty employees and federal government employers with at least fifty workers.
5 Tips for Handling Difficult Employer Behaviors
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If you have ever struggled to manage an employee who is consistently causing problems, you know just how difficult it can be. However, by following these tips, you can put yourself in a better position to handle difficult behaviors.
- Know your rights as an employee. The first step in handling difficult employer behaviors is understanding what you are allowed to do under the law. As a worker, you have a number of rights that you should exercise if you feel that your rights have been violated. For example, you may be able to take your complaint directly to your boss or contact a labor union if you believe that your rights have been violated.
- Set clear expectations from the start. It is important for both parties involved in an employee relationship to have clear expectations about what is and is not acceptable behavior. Setting boundaries from the beginning can help prevent problems from escalating.
- Be prepared to act quickly when problems arise. If something goes wrong at work and the boss starts behaving aggressively or otherwise causing trouble, it is important to be prepared to take action quickly. Plan ahead how you will deal with the situation, and be sure to keep all documentation related to the situation handy so that you can prove your case if necessary.
- Don’t let the behavior become a habit. If you find that an employer is consistently causing problems, it may be helpful to try to change the way that he or she behaves. This may require some patience and effort on your part, but it is worth it if you want to keep your job.
- Remember that not all difficult employers are bad people. Not every boss who causes problems is a jerk or a total d-bag. Sometimes difficult behaviors are the result of poor communication or other logistical issues that can be resolved with proper planning and cooperation from both parties.
Conclusion
As an employee, it is important to be aware of your rights and know what steps you can take if you feel that your rights have been violated. This article provides a few tips on understanding your employment rights and how to assert them if necessary. Employers should also keep in mind that employees have the right to unionize, which can help protect their interests. Be sure to stay up-to-date on changes in employment law so that you are fully informed of your rights and obligations as an employee.
