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  WORKERS RIGHTS

 

Employees have certain basic legal rights to safe, healthy and fair working conditions. But many employers—including maybe your employer—violate these basic rights because they value profits over people.  The bottom line becomes the only concern of the employer usually at the cost of the employees. 

 

Among the rights in the workplace are the rights to minimum wage, overtime wage (for non-exempt employees), safe working conditions, and to be free from discrimination based on gender, race, religion, or national origin.  Some of the rights are limited by the size of the employer, length of service or other conditions. Many states' laws provide better protections than the federal laws. 

 

If you have questions about your rights such as wages or overtime, please feel free to contact us for a free consultation. You can call us toll free at: 1-888-MYWAGE-2 or 1-888-699-2432.

 

YOU HAVE THE RIGHT TO:

 

Overtime Pay

 

As required by the Fair Labor Standards Act, employers must pay you overtime at the rate of one-and-a-half times the regular rate of pay for all hours you work more than 40 in a week. However, some workers—such as executives, managers, professionals, and outside sales employees—are exempt from overtime pay.  Many employers violate the overtime laws and regulations in various different ways. Click here for common overtime violations by employers.

 

Equal Pay

 

Employers are required to pay equal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same company.

 

Safe Workplace

 

Employers are required to provide a workplace free of recognized health and safety hazards. You have the right to file complaints with the federal Occupational Safety and Health Administration, to bring job safety hazards to your employer's attention without retaliation and to get information from your employer about hazardous workplace exposures.

 

Family and Medical Leave

 

Employees have the right to up to 12 weeks of unpaid leave without loosing their job for the birth or adoption of a child, to care for seriously ill family members or to recover from their own illness. To be eligible for this leave, employee must have worked for 12 months and for at least 1,250 hours for the same employer which has more than 50 employees.

 

Workplace Without Discrimination

 

Employer are prohibited from discriminating against employees or prospective employees in hiring, firing, pay or promotions based on:

 

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Race, gender, religion, ethnicity or national origin

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Age - The law protects workers over 40 years of age against age discrimination.

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Disability - Employers are required to make reasonable accommodations for a person with a disability, who is otherwise qualified, to do his or her job.

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Immigration status - Employers are required to verify that every worker is authorized to work, but it is illegal to assume that a worker is undocumented just because he or she has a foreign name, speaks with an accent or was born in another country.

 

A Workplace Without Sexual Harassment

 

Employees have a right to be free of sexual harassment at work. It is illegal for the employer (including its managers, supervisors or other employees) to force an employee to return sexual favors to keep his or her job or get a promotion or job benefit. It also is illegal to be subjected to severe and pervasive comments or behavior at workplace that creates a hostile work environment for an employee.

 

Join or Form a Union

 

Employees have the right to join or support a union and collectively negotiate contracts with their employer, free from employer intimidation and interference. However, federal law does not provide employees of state and local governments with the right to organize or engage in union activities, except to the extent that the United States Constitution protects their rights to freedom of speech and freedom of association.

 

Unemployment Benefits

 

Unemployment benefits are available to jobless workers who can prove they have been in the labor force and meet other requirements imposed by their states and the federal government.

 

What You Can Do If Your Rights Are Violated

 

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If you have questions about wages or overtime, click here to contact us for a free consultation.

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If you have a concern about safety at workplace, or to file a safety and health complaint, call OSHA at 1-800-321-OSHA.

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If you got injured at workplace, contact your state workers' compensation board for information about workplace injury compensation.

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If you feel your employer is violating the Equal Pay Act and to file equal pay or discrimination complaints, call the Equal Employment Opportunity Commission at 1-800-669-4000.

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If you've been threatened, transferred or fired because of your union activity, contact the National Labor Relations Board at 1-866-667-NLRB to file charges.

 

If you believe you may have a wage and hour claims,

questions, or concerns,

Please feel free to contact us:

Toll Free At:  1-888-MYWAGE-2 (888-699-2432) or at: 801-269-9541

or Email us at:  sharon@sharonprestonlaw.com

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Copyright ©2009 Sharon Preston, P.C.

670 East 3900 South, Suite 101, Salt Lake City, UT 84107
Tel: 801.269.9541 - Fax: 801.269.9581 - Email:
sharon@sharonprestonlaw.com