5 Things You Should Know To Protect Your Employee's Rights

Protecting Employee Rights

Every employer should have a full understanding of how to protect the rights of their employees. There are laws to ensure all employees are protected fairly and equally. These laws were created to limit any misunderstandings between the employer and the employees, help prevent illegal activities, ensure safety in the workplace and provide necessary guidance.

The Eight Federal Laws

There are eight federal laws to protect employee rights. The first is regarding the minimum wage. The American worker must receive a minimum wage. The majority of public and private employers paid a minimum of $7.25 per hour in 2009. Non-exempt employees must be paid time-and-a-half for all overtime hours. The employer must be aware children less than sixteen years of age can only work limited hours for non-agricultural positions. Specific jobs are considered high risk and the employer cannot hire any individual under the age of eighteen.

The second law is regarding workplace safety. In 1970, the Occupational Safety and Health Act created numerous safety provisions. These are specific guidelines for agricultural, maritime and construction jobs. The employers in these industries must adhere to the General Duty clause. This prohibits any practice presenting a clear risk to the employees. This law is mainly enforced by the Occupational Safety and Health Administration. Certain provisions are implemented by state agencies. Individuals working on their family's small farms and the self-employed are exempt.

The third law pertains to health coverage. A promise was made by the Affordable Care Act in 2010 to provide workers with health insurance from all medium and large businesses. Due to the provision for Employer Shared Responsibility Payment, all employers with fifty or more full-time employees must provide minimal health insurance for the workers or be subject to a substantial penalty. A full-time worker is classified as an individual working an average of a minimum of thirty hours per week. This coverage became mandatory for all qualifying employers in 2015.

The fourth law went into effect in 1935 when the Social Security Act was signed by President Franklin Roosevelt. This provided a financial safety net for disabled and retired Americans. In excess of 59 million people are currently receiving monthly security checks. The employer is required by law to ensure all employees are charged the OASDI or payroll tax on their paychecks. This ensures the retirement and potential disability of every employee is legally protected through social security.

The fifth law concerns unemployment benefits. Despite the unemployment insurance agency in every state, the benefits are offered by a joint federal and state program. An employee can qualify if their employer fired or laid them off, placing the reason they lost their job out of their control. This law was created to provide a short period of security when a person leaves the workforce temporarily.

The Whistleblower Protection is the sixth law. This law is extremely pertinent to employers because it protects their employees if they report their employer for breaking the law. This law is connected to other legislation that governs different industries. Environmental law violations are covered under the Clean Air Act and unlawful manufacturing policies under the Consumer Product Safety Improvement Act. The main body for protecting employees rights is OSHA’s Whistleblower Protection Program. This program protects the employee's job and guards against reprisals if the employee speaks up. If the employer uses retribution against the employee, the employee has thirty days from the time of the incident to file a complaint with OSHA.

The seventh law is the FMLA or the Family Medical and Leave Act signed by President Bill Clinton in 1993. This law entitles eligible employees to take unpaid leave for twelve weeks a year to stay home and take care of a baby after a birth, serious illness of a family member or adoption. The employee must have been with the company for a minimum of twelve months and worked 1,250 hours or more during the last year. This law is only applicable when a minimum of fifty employees work for the business within a radius of 75 miles.

The eighth and final federal law is regarding employment-based discrimination. In 1964, the Civil Rights Act made it illegal for any business to discriminate against employees or potential employees based on color, race, national origin, sex or religion under Title VII. Workplace rights were further strengthened under the Lily Ledbetter Fair Play Act. The act passed 45 years later in 2009 and prohibited wage discrimination against minorities and women. Additional federal laws regarding workplace inequality are the 1967 Age Discrimination in Employment Act for workers 40 years of age and above and the 1990 ADA or the Americans with Disabilities Act.

Employers Should Study the Laws

Employers should study and understand the laws to protect the rights of the employees. One of the major laws the U.S. Department of Labor enforces is the Fair Labor Standards Act. This law requires the federal standards for minimum wage are adhered to by the employees. The U.S. Equal Employment Opportunity Commission enforces the Americans with Disabilities Act. This includes ensuring reasonable accommodations are provided for the disabled employees to assist with their duties. The Texas Labor Code is specifically for Texas. This law ensures adherence to the minimum wage requirements and standards for discrimination.

Educating the Management

The employer should educate the management team while stressing the importance of adhering to federal and state laws regarding employee rights. This includes providing the guidance and training necessary for any employees uncomfortable with the regulations and laws. Appointing a contact person for the business to field and handle any questions or concerns regarding the rights of the employees is recommended. For more details please visit.

Educating the Employees

The employer should hang all appropriate and required posters to educate the employees. Small businesses are required by the U.S. Department of Labor to hand posters regarding the various statutes and laws pertaining to workplace protection. This includes rights about polygraph protection and medical leave.

The Regulations for Specific Industries

Employers should be educated regarding any regulations specific to their industry. These regulations offer protection to the employees in the mining and agricultural sectors. For excellent information please visit https://employment.findlaw.com/legal-help-and-resources/protecting-the-rights-of-workers.html or consult with Brisbane business law experts.