EMPLOYMENT LAW

If you work for a business with less than 500 employees, under the  Families First Coronavirus Response Act you may be eligible for paid sick or family leave due to impacts from the coronavirus pandemic. Starting April 1 and through December 31, 2020, you may get:

• Up to two weeks of paid sick leave if you or a family member is quarantined or has symptoms of COVID-19
• Up to an extra 10 weeks of paid family and medical leave if your child’s school or daycare provider is closed or unavailable

Businesses will receive funds from the government to cover costs of providing leave. If you own a small business with less than 50 workers, you may not have to provide leave for childcare purposes.

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. These laws protect employees and job applicants against:

• Discrimination, harassment, and unfair treatment in the workplace by anyone because of:
  • Race
  • Color
  • Religion
  • Sex (including gender identity, transgender status, and sexual orientation)
  • Pregnancy
  • National origin
  • Age (40 or older)
  • Disability
  • Genetic information
• Being denied reasonable workplace accommodations for disability or religious beliefs
• Retaliation because they:
  • Complained about job discrimination
  • Helped with an investigation or lawsuit

The Family and Medical Leave Act (FMLA) is a federal labor law that allows an eligible employee to take an extended leave of absence from work due to:

• Illness
• Caring for a qualifying sick family member
• The birth or adoption of a child
• Military caregiving or other emergencies related to a family member’s active duty service

This unpaid leave is guaranteed by law and is available to workers at companies with 50 or more employees. FMLA fact sheets can help you understand your rights and coverage.

A labor union or trade union is an organization of workers which bargains with employers on behalf of its members. The purpose of a labor union is to negotiate labor contracts. Elected leaders of labor unions negotiate specific items of employment including:

• Pay and benefits
• Working conditions
• Complaint procedures
• Hiring and firing guidelines
• Help with unfair labor practices

When a union leader negotiates an agreement, it’s binding on the union members and the employer. Sometimes, these agreements affect non-union workers as well. Labor unions can be found in the private sector and at government agencies.

Minimum Wage The federal minimum wage is the lowest legal hourly pay for many workers. Tipped employees may have a different wage. The minimum wage is $7.25 per hour for covered nonexempt employees as of July 24, 2009. Learn more about the minimum wage in the Fair Labor Standards Act (FLSA). Many states and cities also have minimum wage laws. Where federal and state laws have different rates, the higher wage applies. Find your state’s minimum wage laws and its minimum wage for tipped employees. Contact your state labor office with questions about minimum wage. Overtime Pay An employer may require or permit a worker to work overtime. The Fair Labor Standards Act states that workers who clock more than 40 hours per week are to get overtime pay. There are few exceptions to this rule. Learn more about overtime pay. Download fact sheets and see e-tools for overtime pay guidance. Visit the Fair Labor Standards Act Advisor for exemption classifications and state legal tools. Misclassification An employer says a worker is an independent contractor. The law says the worker is an employee. That’s misclassification, which can: Affect a worker’s pay, protections, and benefits Cause tax problems for both businesses and workers

Several different federal government agencies handle questions or complaints about workplace issues, depending on the nature of the issue:

• Mining: Contact the Mine Safety and Health Administration (MSHA) at 1-800-746-1553 or file online to report mine safety or health hazards.
• Interstate Trucking:
  • For complaints about safety issues on the road, such as being forced to drive in unsafe conditions, fill out the online complaint form or call 1-888-DOT-SAFT (1-888-368-7238).
  • If you have a complaint about safety issues occurring inside a trucking building or facility, there are a variety of ways for workers to file a complaint with the Occupational Safety & Health Administration (OSHA).
• Aviation: Contact the Federal Aviation Administration (FAA) or use the online complaint form.
• Most Other Industries: File a complaint with the Occupational Safety & Health Administration (OSHA). Please note: OSHA may refer you to a state agency.

As an employed worker, you’re entitled to certain rights in the workplace – especially ones that keep you safe. These include the right to:

• Be trained in a language that you understand
• Be provided with the necessary safety equipment
• Report injury or illness
• Voice your concern over unsafe working conditions without fear of retaliation

In order to improve safety in the workplace, the Occupational Safety & Health Administration (OSHA) updated its existing rules regarding how employers must report injury or illness in the workplace. As of January 1, 2017, certain employers are required to electronically submit injury or illness data. Doing this allows OSHA to improve enforcement of workplace safety requirements and provide valuable information online for workers, job seekers, customers, and the general public. The new rule also prohibits employers from discouraging their workers from reporting an injury or illness

If you feel that you have been wrongfully fired from a job or let go from an employment situation, you may wish to learn more about your state’s wrongful discharge laws.

• Wrongful termination or wrongful discharge laws vary from state to state.
• Some states are “employment-at-will” states, which means that if there is no employment contract (or collective bargaining agreement), an employer can let an employee go for any reason, or no reason, with or without notice, as long as the discharge does not violate a law.

If you feel you have been wrongfully discharged or terminated from employment, you may:

• Contact your State Labor Office for more information on wrongful termination laws in your state.
• Seek legal counsel if your employer terminated you for any reason not covered under state or federal law.
• You may also be eligible for unemployment compensation and extension of your health care benefits.