With employment numbers still struggling, the job market can be a competitive place for prospective employees. Because employers are flush with potential candidates, some bosses may feel that they can take advantage of their employees under the threat of replacement. However, all employees are protected by certain rights and laws. Below are five rights that you might not be aware of.
Request an OSHA Inspection
Employees are guaranteed a safe, hazard-free working environment. If an employee believes that their employer is not providing this, they may petition the Occupational Safety and Health Administration (OSHA) to conduct an inspection. Employers are not allowed to retaliate against any employee who requests or cooperates in such an inspection.
Overtime Work
The Federal Fair Labors Standards Act (FLSA) requires that, under most circumstances, employees be paid at least one and half times their standard pay rate for each hour worker over forty hours in a standard work week. The law also states that employers cannot negate this requirement via contract or agreement with the employee. This prevents supervisors from intimidating employees into giving up their overtime compensation rights.
On-The-Job Injuries
Millions of employees are injured at work every year. The law requires that the employer or the employer’s insurance company compensate their injured workers. Many employers will attempt to blame the employee for his or her injury or will flat-out deny or delay medical treatment and compensation. If you feel you are a victim of this practice, visit www.michaelsullivandisability.com for a workers comp lawyer in Lexington, KY or where ever else you are located.
Rights When Facing Termination
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Unless protected by a union or covered under certain legal provisions, most jobs in the US are considered at-will positions. This means that both the employer and employee can end the employment for any reason or no reason through resignation or firing. However, while employers are not required to give a reason for termination, they are prohibited from using certain reasons as a basis for termination. The most common of these involved gender, racial, or other forms of discrimination.
Pregnancy Rights
Employers may not use an employee’s pregnancy statues to deny them rights or benefits given to other employees. Employers must make reasonable efforts to accommodate the needs of their pregnant employees and, if the pregnant employee can no longer perform her duties, she must be given leave under the same conditions as other disable or ill employees.
When on the job hunt as well, employers are not allowed to ask if you are pregnant or planning on becoming pregnant in the near future. You should earn a job purely for your merits and not for any other reason, or be denied a job for any other reason as well.
Workers rights were hard-won over decades of effort. It is both important and incumbent upon current workers to fight for and protect these rights. If an employer is not holding up his or her end of the bargain, a workers’ rights lawyer must be involved.