Block on Trump's Asylum Ban Upheld by Supreme Court
Every worker in the US knows that federal and state laws protect them from discrimination, sexual harassment, retaliation, and unsafe working conditions. However, the laws that govern employment vary from state to state and are often rather nuanced.
Generally, employees should know:
In addition to the above, below you'll find 7 common employment laws that everyone should know.
The FMLA is the Family Medical Leave Act. If you work for a qualified employer, and are a qualifying employee, you are legally allowed to take time off to care for a sick family member. The FMLA can protect your job for a limited duration while you are out.
Not only can you not be fired for going on a lawful strike, but engaging in union organization activities can also be considered protected activity. However, strikers beware, impromptu walk outs may not be considered lawful.
For those in the service industry, this question frequently arises. Generally, a boss or employer cannot take an employee's tips. However, an employee's hourly wages can be reduced or offset based upon tips. Additionally, tip pooling among tipped staff is generally okay so long as notice is provided.
While this may seem to be an affront to a worker's privacy, an employer can read an employee's work email, and potential even their personal email, if the personal email is used for work purposes and so long as the employer has a compelling reason. Generally, employees provider their employer with consent to monitor their online activities at work when they sign on-boarding/hiring documentation.
If legal drugs, such as cigarettes, marijuana, alcohol, and even prescribed medications, are getting in the way of your work performance, or the performance of others, an employer can discipline and even terminate an employee. There are some protections that exist for the disabled under the ADA, but generally, to qualify a disability must be permanent.
Although employees that are asked to violate the law are often fired when they refuse to comply, those terminations, not surprisingly, violate the law. Barring specific state laws, generally, an employee fired for refusing to follow an illegal direction will be able to sue for wrongful termination in violation of public policy.
State laws will vary on whether you are required to take a lunch break, however, generally, the law only requires employers provide the break and not compel or incentivize employees to skip their lunch.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.