What You Need to Know Now

Thanks to federal and state laws, workers in the United States have certain rights and protections. These laws prohibit certain actions by employers while providing rules for accommodations and workplace safety.

Some of the federal protection laws include the Fair Labor Standards Act, as well as discrimination and equal opportunity laws, state-specific laws, workers’ compensation, and industry-specific protections.

Federal Employee Protection Laws

Federal laws are designed to protect employees across the country. They cover a range of issues to ensure that the country’s workplaces are fair and encourage competition, among other things.

“These (laws) are necessary to prohibit discrimination, sexual harassment, retaliation, wage and hour issues, whistleblower violations, and other unlawful workplace conduct,” said Craig Levey, a lawyer who focuses on employment and business issues. According to Levey, many people aren’t aware of the laws that are in place to protect them.

These laws were passed thanks to workers who fought against issues like low wages, wage theft, the exploitation of children, and discrimination, among other things, according to Todd Vachon, assistant professor and director of the Labor Education Action Research Network at Rutgers University.

“If workers didn’t band together to demand these laws, they would not exist,” he said.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) was passed in June 1938 and went into effect in October 1938. The law encompassed federal standards for labor practices, including the minimum wage, overtime, record-keeping, and employment for youth. These standards apply to workers in the public and private sectors.

Occupational Safety and Health (OSH) Act

The Occupational Safety and Health (OSH) Act was signed into law in 1970 to provide safe and healthy working conditions for all workers. Put simply, private-sector employers must keep their workplaces safe and hazard free so their employees aren’t subject to injuries or death while on the job. This also applies to some public-sector jobs. Worksites are subject to regular inspections to ensure they are safe.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) allows individuals who work for covered employers to continue receiving healthcare coverage while they take unpaid time off for specific family and medical reasons.

Workers can receive 12 weeks of coverage for 12 months for the following:

• To care for a newborn within its first year
• To care for a newly adopted or foster child within its first year
• To care for a spouse, child, or parent with a serious illness
• If the employee has a serious health condition that prevents them from working
• If an urgent situation arises, if a spouse, child, or parent is on covered active military duty

Employees are also entitled to 26 weeks of leave to take care of a seriously injured or ill service member who is their spouse, child, or parent. This also applies for 12 months.

Discrimination and Equal Opportunity Laws

Equal opportunity laws make it illegal for employers to discriminate against job applicants and existing employees based on factors, such as race, gender, national origin, and age. This includes discrimination in job advertisements, recruitment, the application process, and after an employee is hired.

”Federal and state antidiscrimination laws are critical because discrimination continues to be far too pervasive in workplaces across the United States,” Levey said.

According to the Pew Research Center, 41% of Black workers said they experienced racial discrimination in the workplace. As many as 25% of Asian, 20% of Hispanic, and 8% of White workers said they also felt discriminated against at work.

The Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) are two key laws, and the Equal Employment Opportunity Commission (EEOC) is one key agency, to address discrimination in the workplace.

Age Discrimination in Employment Act (ADEA)

Lawmakers understood that older workers were at a disadvantage compared to others, because they either couldn’t find work after losing their jobs or couldn’t retain employment because of their age.

The ADEA was passed in 1967 to prevent employers from setting age limits, effectively banning age discrimination in the workplace. It also seeks to educate key stakeholders, including management teams and labor unions, about the needs of older workers.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA), which was passed in 1990, protects disabled workers in the workplace, guaranteeing them the same opportunities as those without disabilities. It also provides federal standards for providing government services and accommodations for people living with disabilities.

Equal Employment Opportunity Commission (EEOC) Regulations

The Equal Employment Opportunity Commission (EEOC) is in charge of enforcing federal labor and antidiscrimination laws. They ensure that prospective employees or existing workers aren’t discriminated against because of their:

• Race
• Color
• Religion
• Sex (including sexual orientation and pregnancy)
• National origin
• Age
• Disability
• Genetic information

Whistleblower Protections

The U.S. Department of Labor (DOL) prohibits employers from retaliating against workers who publicly reveal information about issues in the workplace. This may include things about agriculture, food safety, health insurance, mine hazards, and overtime pay. Employers cannot fire, lay off, demote, reduce pay, or deny any employee a promotion if they are considered a whistleblower.

Despite federal protections being in place, many workers are still afraid to speak out, according to Vachon.

“There is still fear in many cases, as it can be difficult to prove that a worker was fired for retaliation, as employers tend to keep discipline records on many things so they can point to those reasons as opposed to retaliation as the reason for punishment,” he said.

State-Specific Employee Protection Laws

Federal laws provide the framework for employee protection in the workplace. But there are also state-specific laws designed to do the same. These laws relate to issues like:

• Minimum wages
• Overtime and overtime pay
• Workplace discrimination
• Rest periods
• Child labor

State laws can provide additional protection to workers but cannot reduce federal laws. Keep in mind, though, that each state has different employment laws in place. This means they are not uniform across the board.

Workers’ Compensation and Benefits

Getting injured or sick while on the job can be financially devastating for employees. Workers’ compensation laws are in place to help alleviate any burden while ensuring workplaces are kept safe and hazard-free. These laws include the Federal Employees’ Compensation Act (FECA). Congress also passed the Employee Retirement Income Security Act (ERISA) to protect the financial interests of employees.

Federal Employees’ Compensation Act (FECA)

Passed in 1917, the Federal Employees’ Compensation Act guarantees that employees receive benefits if they are injured or become ill while on the job. Some of the benefits include wage-loss replacement and survivor benefits. The program is administered by the Department of Labor and the Office of Workers’ Compensation Programs.

Employee Retirement Income Security Act (ERISA)

The Employee Retirement Income Security Act is a federal law that protects employees who participate in voluntary retirement and health plans. These plans must provide participants with information about features and funding. It also establishes guidelines and standards for participation, vesting, and funding. Plan administrators are also required to have a fiduciary responsibility to participants as they manage the assets in the plan.

Specialized Industry Protections

Laws exist to ensure that workers are safe in the workplace. They address different issues and hazards in certain industries, including agriculture and mining.

Migrant and Seasonal Agricultural Worker Protection Act

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) sets employment standards for migrant and seasonal agricultural workers. They relate to wages, record-keeping, disclosures, housing, and transportation. Under the law, anyone who contracts farm labor must register with the DOL.

Mine Safety and Health Act

The Federal Mine Safety and Health Act was established in 1977. It requires that the country’s mines are inspected annually to make sure they are safe and hazard free. Under the law, mine operators must report any on-site accidents and injuries, conduct mine training programs, and receive approval for the use of equipment in gassy mines that operate underground.

The Bottom Line

The U.S. and state governments have laws in place to protect you as a worker. This means that you cannot be discriminated against and that your employer must provide you with a safe workplace with reasonable accommodations if you need them. Other laws govern protections for whistleblowers and dictate the minimum wage your employer can offer you.

If you feel that your employer has violated your rights and the law, make sure you consult an employment lawyer to discuss your rights.