Most of us young professionals will find ourselves at one point or another (or for most of our lives) working for an employer. Hopefully most situations and circumstances will be good to you, but unfortunately this won’t always be the case. You may for one reason be another be treated unfairly or undervalued without justification within the workplace. It’s important to have a basic understanding of what your rights are as an employee to know if in fact your employer is breaking the law and if they are, if you should seek legal assistance.

Employment law is based on both federal and state law, with the purpose of acting as a regulator in the best interests of both the worker and employer. Without it, employees would be under threat to a number of workplace inequalities. Organizations are required to understand employment law in order to create a fair workplace for their employees, and to avoid legal action that can be issued due to incidents that could have been prevented. It is important to recognize that a regulated workplace helps to promote fair opportunities, productivity, and a safe environment for employees. Let’s explore a few instances of basic employment laws that you should be aware of:

Employment Discrimination 

Employment discrimination can unfortunately happen within the workplace. Discrimination occurs when an employee is treated unfavourably for no justified reason other than characteristics in their identity, such as gender, mental or physical disabilities, race, religion or belief, sexual orientation. Harassment that verges onto an employee feeling threatened, including verbal, physical and sexual harassment, is also a form of workplace discrimination that violates employment law and should not go unnoticed. Employers are not allowed to treat you differently because of your identity and if it occurs, there can be serious repercussions against them.

National Minimum Wage 

Minimum Wage laws exist both at a federal level and sometimes higher at a state level (and you are entitled to the higher of the two). Minimum wage laws are put in place by employment law to protect employees from being underpaid. These laws requires an employer to pay their workers a minimum legal amount to ensure that a sufficient amount is being allocated to sustainably live off. Today in the US, the federal minimum wage is $7.25 per hour in the US. In some cases, if you earn tips in your job, employers are legally allowed to pay $2.13 per hour, contingent upon if your tips and wages combined equate to the minimum wage, however, not all states abide to this law. If you are hourly, you’re also most likely entitled to overtime, which is often 1.5x your hourly rage for hours over 40/week. This includes all work types during a week from a single employer.

Safety in the Workplace 

As an employee of a company, you have the right to work in a safe environment which is free of hazardous conditions that can cause harm to you or those around you. Workplace accidents including falls, muscular strain, high noise levels, and inhaling toxic fumes are among a few of the most common to occur. OSHA, or Occupational Safety and Health Administration is the law that regulates workplace safety in all states by enforcing standards and providing training. Most but not all employees in the US are entitled to worker’s compensation, but it may not be enough to cover additional injury costs. If you find yourself involved in a serious accident in the workplace, services such as KMH&L Law are ideal for additional legal assistance. 

Employee Privacy 

In the digital age, 63% of employers monitor Internet connections in the workplace to observe workplace activity and behaviour. While this is an entirely a policy that is dictated by employers, it is important to understand that it is a requirement that employers outline their monitoring policies. This is so that employees do not expect privacy while using facilities such as email, internet browsing, computer files, phone calls and video recordings. Employees should similarly be made aware of any surveillance cameras that surround the building, however intrusive CCTV monitoring such as cameras found within break areas or toilets breach this right and can be issued. 

Company HR Policies

Aside from employee privacy, your employer will also likely have other specific rules and guidelines outlined in the employee handbook. Although it can be lengthy (and boring), it’s a good idea to familiarize yourself with it! Know what’s asked of you and how to work with HR to resolve issues if and when they arise!

Work is a part of life for most of us, and many of us will work for a company. It’s wise to know what rights you have whether legally or provided by the company through policy! If you are being wronged, feel confident in taking action to make the situation right, whether it’s internally with HR or externally with a lawyer!

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