10 Labor Rights You Should Know as an Employee in the USA
Most companies in the world don’t care about the rights of their employees. It’s the same in every part of the world. The company loves you only as long as you keep earning them a lot more than they give you, and you don’t ask for anything more. There are labor rights defined on international level and in every country to ensure no one takes anyone’s right. However, not many people know what their rights are. If you don’t know your rights how can you demand and fight for them? Our education system doesn’t teach about the important things that actually matter in practical life. There should be a professional in every company to educate employees about their rights and responsibilities.
The problem is, most people don’t ask for them even after knowing their rights. There is a lot of competition in every market and the employment rate is never 100% in any country. If you have general skills, you know that you no one will listen to you. A company will simply replace you with a person who works like a robot and never asks for anything more. Professionals who have unique skills can make demands, but they don’t have to. They are paid more than enough to ensure they don’t any such issue. It’s the middle class that is always oppressed in every department of life.
Here I have share ten labor rights with the help of Long Beach Workers Comp Attorney that your employer wouldn’t want you to know. You should also know that if you feel that your rights being violated in your workplace, you can fight for them. You may think that it’s too difficult to win against such powerful people, but knowledge is power. You should know your basic rights to understand if you’ve been oppressed. After that acquire the help of an experienced lawyer to win what you deserve.
A Wage for Minimum 3 Hours
Every employer is the USA is bound by law to pay you for at least three hours even if you didn’t work to complete them in one day. There are jobs that may hire you for a shorter time than three hours. Even if you work fewer hours, you have the right to be paid for full three hours. This is also true in the case when you are sent home during the work for any reason. Your company is still obliged to pay you wage for complete three hours. After all, how can one person manage his living in a wage of even less than three hours? It would barely pay for a lunch of one time if you are working on minimum wage.
Your Right to Refuse
It’s not uncommon for employers to make unjust demands and get you to do work that is not your job or too dangerous for you. For example, is it in your job description to make coffee for your employer? If not, and you’ve been ordered to make him/her a cup of coffee, you have to right to refuse. The employer can’t do anything against you nor fire you for misconduct. Same applies when you are asked to work in unsafe conditions that you’re not comfortable with. Many people know this but believe that they can’t afford an unpleased employer on their head, so they do as asked.
You should know that if your employer gets you to do the difficult work or put extra pressure on you than other employees, it would be considered discrimination. You can file a complaint against him to all relevant authorities. Your company and the labor department is obliged to take actions. If they don’t, acquire help of a lawyer who can do this in the court. Don’t be hesitant to approach them; not all lawyers work for money.
No Deduction for Broken Items
Many companies just love to deduct the salaries of poor employees. They are earning through their business, but they also make a living out of snatching labors’ rights. Most common excuses of an employer to deduct your salary would be broken items, poor performance, or shortage of cash in the registers. You should know that things break where people work full day. So it’s, by law, company’s responsibility to provide proper equipment for work and arrange more if broken. Moreover, there is no law that says you can deduct a salary only because you were not satisfied with the performance of an employee.
If an employer believes that the worker isn’t cut out for this job, he should give proper notice and then fire you instead of deducting salaries. Last but not least, it’s the job of the accounts department or a cashier to ensure correct entries in cash registry. If there has been a mishap, no employee is to be held accounted for it unless it was his/ her job or they have proof. You can demand your right if a company tries to rip off your salary using these lame excuses.
Vacations after 1 Year
This doesn’t apply on all types of jobs, but in most professions a company has to give you paid vacations to blow off steam after you have worked for 12 months for them. You can claim for this right even if you aren’t a full-time employee. The only condition is that you must have worked for 12 months for the same company even if in different departments. Once you have completed a year, you can talk to the human resource department of your company about these paid holidays. If they can’t give you days off, then maybe they can compensate you in any other way. The number of holidays may vary depending on the state you are in and the nature of your job.
Responsibility for Your Safety
Your company is responsible if your safety when you are at work. It is their job to ensure proper safety measurements. They may have to hire security guards to keep you safe from any outsider. This is especially a problem for labors who have to deal with heavy machinery and construction work. Your employer is liable to provide necessary kit and gadgets. If they didn’t, ask them to provide you what is important for your safety.
No Discrimination Against You
Almost every state is very conscious of this one law. The United States has destroyed its global reputation due to the racist incidents that have been happening for many decades. There are people from all around the world in this country. This is a country of immigrants with most immigrants than any other country. If you feel that your employer or a colleague harassed you because of your gender, age, color, race, or nationality; you can do a lot of harm to the company. You simply need to prove that the harassment did actually occur. That company will be forced to pay a heavy fine and they can’t fire you.
Special Rights for Special People
A company is liable to provide a necessary environment and help to a person who has special needs. Once hired, it is the job of the company to ensure they are kept satisfied and secured. If a person needs his/ her dog because of a special condition, the employer can’t ask him to leave the pet at home. This is also true for other things that they might need.
Not Allowed Less than Minimum Wage
There is a different minimum wage in different states and countries. The minimum wage means that an employer or company can’t pay you any less than that. They can’t get you to do work on a wage less than specified by the government even if you agreed. If you said that you want to work on a lesser wage and employer hired you, then you and him, both will punished for it. You may be able to get out saying that you were in dire need and he wouldn’t hire you on full pay, but the employer will have to face the consequences.
Overtime for Over 8 Hours
It’s a tradition in many companies to make employees stay even after they have completed their hours. Employees think that they have no other choice, which is in fact not true. They can’t make you stay without your permission and they also have to pay you for that time according to your salary. If you were made to work overtime and you weren’t paid that extra in your salary, you can file a complaint against them in the labor department.
They Can’t Fire You for a Complaint
If you make a complaint against your own employer, you must fear that they will fire you. As a matter of fact, they can’t do that, or law will hold them responsible. Be sure to discuss the problem with your employer first. If he doesn’t do anything then you should go to the HR manager to get justice. If you feel that even HR didn’t do anything also though it was your legal right, you can discuss the matter with a lawyer and go to court.