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Discrimination and Harassment at Your JobIf you are experiencing discrimination or harassment at your employer, first inform your manager or the human resources department. If neither help, use these government resources. The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. Protections Included Under the LawThese laws protect employees and job applicants against:
How to File an Employment Discrimination ComplaintTo file a complaint, contact your EEOC field office. Many state and local governments have anti-discrimination laws. These laws may offer extra protection beyond federal law. Some state laws:
Many state laws have more protections for nursing mothers than federal law requires. State labor offices enforce these laws. Filing a LawsuitIf you're a victim of job discrimination or harassment, you can file a lawsuit. If the discrimination violates federal law, you must first file a charge with the EEOC. (This does not apply to cases of unequal pay between men and women.) You may decide to sue if the EEOC cannot help you. In either case, look for an attorney who specializes in employment law. You can check with:
Not All Employers Are Subject to EEOC LawsOnly employers with a certain number of employees are subject to EEOC laws. The number of employees changes depending on the type of employer and the kind of discrimination alleged.
Laws that the EEOC EnforcesFederal employment discrimination laws include:
What is Harassment?Harassment is unwelcome conduct because of your:
The federal government only enforces harassment due to one of these reasons. If you experience workplace harassment for another reason, contact your state's labor department or seek help from a legal professional. Harassment can include:
Sexual harassment may include:
Harassment becomes illegal when:
Protection from RetaliationEEOC laws protect employees and job applicants from retaliation. For example, it’s unlawful to punish people for:
Wrongful Discharge/Termination of EmploymentIf you feel that you have been wrongfully fired from a job or let go from an employment situation, you may wish to learn more about your state's wrongful discharge laws. Wrongful Discharge/Termination Laws
If you feel you have been wrongfully discharged or terminated from employment, you may:
Employer Guidance for Discharge/TerminationIf you are an employer seeking information about legal termination of employees, you may wish to contact both the Equal Employment Opportunity Commission (EEOC) and your state labor office to ensure you do not violate any federal or state labor laws. You may wish to consult with a licensed attorney. Family and Medical Leave Act (FMLA)The Family and Medical Leave Act (FMLA) is a federal labor law that allows eligible employees to take an extended leave of absence from work. Situations Included Under FMLA
This unpaid leave is guaranteed by law and is available to workers at companies with 50 or more employees. FMLA fact sheets can help you understand your rights and coverage. Questions or Reporting a Violation of the FMLAIf you have unanswered questions about the FMLA or you believe someone has violated your rights under FMLA, contact the Department of Labor’s Wage and Hour Division for assistance. Employer Responsibilities Under FMLAEmployers with FMLA eligible employees have specific rights and responsibilities under the law. Learn how different types of employers may be covered by the FMLA. If you’re an employer with concerns about false FMLA leave, contact your company’s legal and human resources department. You can also contact the Department of Labor’s Wage and Hour Division. Minimum Wage, Overtime, and MisclassificationThe U.S. Department of Labor's Wage and Hour Division (WHD) administers and enforces some of the nation's most comprehensive labor laws. These include the Fair Labor Standards Act (FLSA). These laws govern:
State Labor LawsIn addition to the federal laws, each state has its own labor laws, which vary from state to state.
Minimum Wage
Overtime PayAn employer may require or permit a worker to work overtime. The Fair Labor Standards Act states that workers who clock more than 40 hours per week are to get overtime pay. There are few exceptions to this rule. Learn more about overtime pay. MisclassificationAn employer says a worker is an independent contractor. The law says the worker is an employee. That's misclassification, which can:
If you’ve been misclassified, contact your state labor office or file a complaint with the Department of Labor. Unsafe Workplace Complaints and ConditionsThe type of workplace issue determines which government agency can help you. Ask a Question or File a Complaint About a Safety Issue in Your Workplace
Workers’ Safety RightsYou’re entitled to certain rights in the workplace - especially ones that keep you safe. These include the right to:
Workers' Compensation for Illness or Injury on the JobWorkers' compensation laws protect employees who get hurt on the job or sick from it. The laws establish workers’ comp, a form of insurance that employers pay for. These laws vary from state to state and for federal employees. Benefits Provided by Workers' CompensationIn general, workers’ comp provides:
Private Sector and State or Local Government EmployeesIf you get hurt working for a private company or state or local government, seek help through your state. Your state workers' compensation program can help you file a claim. If your claim is denied, you can appeal. Longshore and Harbor Workers, Coal Miners, Nuclear Weapons Workers, and Federal EmployeesFederal laws protect longshore and harbor workers, coal miners, nuclear weapons workers employed by the Department of Energy (DOE) or a DOE contractor, and federal employees. Contact the workers' compensation program that applies to you for help filing a claim. Last Updated: October 25, 2022 TopWhat laws protect workers in the US?The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting most full-time and part-time workers in the private sector and in federal, state, and local governments.
What law laws protect workers important?With the RA 11058, employers are now required to comply with occupational safety and health standards including informing workers on all types of hazards in the workplace and having the right to refuse unsafe work, as well as providing facilities and personal protective equipment for the workers, among others.
What is labor protected by law?The purpose of this Law is to guarantee and improve safety and health protection of employees at work by determining obligations, rights and mutual relations regarding labour protection between employers, employees and their representatives, as well as State institutions.
What is the US Fair Labor Standards Act?The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
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