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Worker's Rights
Your Rights in the Workplace

As a worker, you have many responsibilities but you also have rights protected by local, state and federal law. Knowing your rights is the first step toward making sure you are protected in the workplace.

Minimum Wage and Overtime

Job Safety

Workplace Discrimination

Legal Assistance

Minimum Wage and Overtime

Minimum Wage
The Fair Labor Standards Act governs minimum wage and creates rules for overtime. The current federal minimum wage is $5.15 per hour for employees who do not receive tips. Tipped employees are entitled to $2.13 per hour. However, if an employee's tips combined with the employer's direct wages do not equal the federal minimum hourly rate, the employer must make up the difference. Many states require a wage greater than the federally recognized minimum. In cases where the state minimum wage is greater than the federal, the higher rate is to be paid.

Overtime
Overtime pay is required for most workers who are payed an hourly wage. Overtime of 1.5 times the normal pay rate for hours worked beyond the normal 40-hour workweek is standard. Exceptions to the overtime rule exist and are based on managerial responsibilities, employer sector (public or private), position and job training. Salaried workers are often not eligible to receive overtime pay.

If you believe you are being asked to work unpaid overtime in violation of state or federal law, please consult your State Department of Labor and/or a licensed attorney. The Fair Labor Standards Act does not govern sick leave, vacation, severance pay or holidays. For more information, local links and resources on these and other benefits, please visit www.dol.gov.

Job Safety

The Occupational Safety and Health Administration (OSHA) governs job safety for almost all employees. Notable exceptions include miners, transportation workers, public employees and the self-employed. OSHA works to improve on-the-job safety for workers by inspecting workplaces and investigating workplace-related injuries and fatalities. The standards for workplace safety, such as proper equipment and training, vary by industry and occupation. To learn more about the safety standards in your profession, please contact OSHA's web site at www.osha.gov.

Worker's rights vary widely from state to state. Due to the enormous range of state-based protections and regulations, please note that the following is strictly for informational purposes and does not constitute legal advice or representation. For legal advice, a practicing attorney who has a thorough knowledge of the current law in the state or locality should be consulted. Advice on finding a low-cost lawyer is included at the end of this tip sheet.

Workplace discrimination

Workplace discrimination can take many forms. Common forms of employment discrimination are discussed below. For more information on workplace discrimination, consult a practicing attorney familiar with federal and state-specific labor laws.

Ex-Offenders
The rights of ex-offenders vary widely state-to-state and are based on the type of offense committed. In many states, ex-offenders are barred from working with what are considered "vulnerable populations," including the elderly, infirm and children. In many states, a person with a felony drug and/or a violent felony conviction is prohibited from receiving public assistance, including food stamps and public housing. All forms of federal tuition assistance, including Pell Grants and Stafford Loans, are unavailable to a person with a drug conviction.

Employment options for ex-offenders may be limited. Ex-offenders can attempt to clean their backgrounds by seeking a pardon. Also, as of February 2005, 15 states will allow individuals convicted of some nonviolent crimes to seal or expunge their records. These options are seldom used because they are expensive, time-consuming and generally require legal assistance.

For assistane in obtaining employment, contact:

• The Center for Alternative Sentencing and Employment Services; www.cases.org or 212-732-0076
• Legal Action Center; www.lac.org or 1-800-223-4044
• Women's Prison Association; www.wpaonline.org or 212-674-1163

Disability
The Americans with Disabilities Act (ADA) prohibits private employers, employment agencies, labor unions, or state and local governments from discriminating against qualified individuals with disabilities. The ADA protects a person with an impairment-physical or mental-that substantially interferes with major life activities from discrimination in hiring, firing, retention, recruitment, training, pay and other employment issues.

The ADA allows workers with such impairments to request a "reasonable accommodation." Reasonable accommodations include workplace modification, such as the addition of a wheelchair ramp; sign language interpreters; training and materials in accessible forms, such as Braille or audio tape; time off or providing a quieter workspace. An employee must request the reasonable accommodations during application or following hire.

If the accommodation would result in undue hardship for the employer or if it involves a bona fide qualification, the request may be refused. Bona fide qualifications are requirements that are absolutely necessary to jobs and cannot be altered. For example, requiring that firefighters be able to carry 100 pounds is justified by the demands of the position, such as the need to lift heavy water hoses or rescue injured citizens.

If you believe your request for reasonable accommodation was wrongly denied, contact

The Equal Employment Opportunity Commission: www.eeoc.gov, 1-800-669-4000 (voice) or
1-800-669-6820 (TTY)

Legal Assistance
Unfortunately, free or low-cost legal assistance is difficult to find. Still, it is sometimes possible to find an attorney to take your case pro bono or at a reduced fee. Be cautious of attorneys who offer to take your case for free based on a "contingency fee." A contingency fee means that you won't be required to pay the attorney unless you are awarded damages in a civil suit, and some contingency fees are as high as 40 percent. However, contingency fees do allow people without resources to access the legal system.

State-based legal aid societies should be listed in your telephone directory under "Legal Services," "Attorneys" or "Lawyers." The National Legal Aid and Defender Association can help refer you to your state's legal aid service. www.nlada.org or 202-452-0620.

To find local resources, including approved law schools free legal clinics, contact the American Bar Association www.abanet.org or (800) 285-2221.

Check out www.freeadvice.com for answers to your questions about the law.

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