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EMPLOYEE RIGHTS

 

Employee rights arise from federal and state laws that, over time, have established various rules that govern the employer-employee relationship.

 

Employee rights fall under the following categories:

 

  • Union activity
  • Working hours and minimum pay
  • Equal compensation for men and women doing the same or similar work for the same employer
  • Safety and health protection in the work environment and related workers’ compensation
  • Unemployment benefits
  • Nondiscriminatory hiring and promotion practices
  • The Family & Medical Leave Act
  • The ability to complain without retaliation (whistle-blower protection).

 

Title VII

Prohibits discrimination in employment based on race, color, religion, sex and national origin. This law applies to public sector employers, as well as private sector employers who employ at least 15 employees (those with fewer than 15 are usually covered by state law). The Equal Employment Opportunity Commission enforces Title VII.

 

The Family Medical Leave Act

Requires employers to grant employees up to 12 weeks of unpaid leave (within a 12 month period) for a) the birth of a child, b) the adoption of a child, c) a serious health condition that requires a leave of absence, or d) the care of a parent, spouse or child with a serious health condition.

 

Age Discrimination in Employment Act

Prohibits discrimination based on age. Age is defined to be 40 years or older, so this law does not prohibit discrimination against those younger than 40. This law applies to public sector employers, and private sector employers with more than 20 employees. However, those under 40 years of age, or who work for smaller employers often are protected by state law.

 

Americans with Disabilities Act

Prohibits discrimination based on physical or mental disability. This law applies to public sector employers, and private sector employers with more than 15 employees. Some states have laws that are more stringent.

 

The Fair Labor Standards Act

Establishes minimum wage and overtime rates. Regulates the employment of children. This law applies to hospitals, educational institutions, public sector, and private sector employers with at least 2 employees engaged in interstate commerce and a business volume of over $500,000/year.

 

The Immigration Reform & Control Act

Prohibits employers from hiring illegal aliens, but also prohibits employers from discrimination based on the citizenship status of aliens who have been lawfully admitted to the US.

 

The Employee Polygraph Protection Act

Prohibits employers from requiring employees or prospective employees to take a polygraph (lie detector) test.

 

Pregnancy Discrimination Act

States that employers and prospective employers cannot discriminate based on pregnancy or childbirth related medical conditions.

 

I offer free initial consultations to discuss your employee rights claim. To schedule yours contact me today. I offer flexible office hours and can travel to meet you.

2303 River Road, Suite 300, Louisville KY 40206

©2017 Attorney Peter Naake. All rights reserved.

Call Direct: (502) 632-5288

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EMPLOYEE RIGHTS

 

Employee rights arise from federal and state laws that, over time, have established various rules that govern the employer-employee relationship.

 

Employee rights fall under the following categories:

 

  • Union activity
  • Working hours and minimum pay
  • Equal compensation for men and women doing the same or similar work for the same employer
  • Safety and health protection in the work environment and related workers’ compensation
  • Unemployment benefits
  • Nondiscriminatory hiring and promotion practices
  • The Family & Medical Leave Act
  • The ability to complain without retaliation (whistle-blower protection).

 

Title VII

Prohibits discrimination in employment based on race, color, religion, sex and national origin. This law applies to public sector employers, as well as private sector employers who employ at least 15 employees (those with fewer than 15 are usually covered by state law). The Equal Employment Opportunity Commission enforces Title VII.

 

The Family Medical Leave Act

Requires employers to grant employees up to 12 weeks of unpaid leave (within a 12 month period) for a) the birth of a child, b) the adoption of a child, c) a serious health condition that requires a leave of absence, or d) the care of a parent, spouse or child with a serious health condition.

 

Age Discrimination in Employment Act

Prohibits discrimination based on age. Age is defined to be 40 years or older, so this law does not prohibit discrimination against those younger than 40. This law applies to public sector employers, and private sector employers with more than 20 employees. However, those under 40 years of age, or who work for smaller employers often are protected by state law.

 

Americans with Disabilities Act

Prohibits discrimination based on physical or mental disability. This law applies to public sector employers, and private sector employers with more than 15 employees. Some states have laws that are more stringent.

 

The Fair Labor Standards Act

Establishes minimum wage and overtime rates. Regulates the employment of children. This law applies to hospitals, educational institutions, public sector, and private sector employers with at least 2 employees engaged in interstate commerce and a business volume of over $500,000/year.

 

The Immigration Reform & Control Act

Prohibits employers from hiring illegal aliens, but also prohibits employers from discrimination based on the citizenship status of aliens who have been lawfully admitted to the US.

 

The Employee Polygraph Protection Act

Prohibits employers from requiring employees or prospective employees to take a polygraph (lie detector) test.

 

Pregnancy Discrimination Act

States that employers and prospective employers cannot discriminate based on pregnancy or childbirth related medical conditions.

 

I offer free initial consultations to discuss your employee rights claim. To schedule yours contact me today. I offer flexible office hours and can travel to meet you.