Understanding Your Rights as a Worker in the United States

The Foundation of U.S. Labor Law

American workers are protected by a complex web of federal and state laws covering wages, hours, workplace safety, discrimination, and more. Knowing your rights is the first step to protecting them.

Wage and Hour Laws

Federal Minimum Wage

The federal minimum wage is $7.25/hour (unchanged since 2009). However, many states and cities have higher minimums:

  • California: $17.00/hour
  • New York: $17.00/hour (NYC)
  • Washington: $16.28/hour
  • Florida: $14.00/hour

    • Your employer must pay the higher of federal, state, or local minimum wage.

    Overtime

    Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive 1.5x their regular rate for hours over 40 in a workweek.

    Exempt vs. Non-Exempt:

  • Exempt employees (usually salaried professionals, executives, administrative employees earning over $684/week) are not entitled to overtime
  • Non-exempt employees (typically hourly workers) must receive overtime

    • Tip Credit

    Employers can pay tipped workers as little as $2.13/hour federally if tips bring total earnings to at least the minimum wage. Tips must always bring total compensation to minimum wage or employer must pay the difference.

    Workplace Safety: OSHA

    The Occupational Safety and Health Administration (OSHA) sets and enforces workplace safety standards.

    Your OSHA Rights

  • Work in a safe environment free from recognized hazards
  • Receive training in a language you understand
  • Review OSHA standards and violations at your workplace
  • Report a safety concern without retaliation
  • Request an OSHA inspection
  • File a complaint with OSHA if retaliated against for safety activity

    • How to File an OSHA Complaint

  • Online: osha.gov/workers/file-complaint
  • Phone: 1-800-321-OSHA (6742)
  • Mail or fax to your regional OSHA office

    • OSHA must protect your identity if requested.

    Anti-Discrimination Laws

    Federal Protections

    It is illegal for employers with 15+ employees to discriminate based on:

  • Race, color, religion, sex, national origin (Title VII)
  • Age (40 and older) — Age Discrimination in Employment Act
  • Disability — Americans with Disabilities Act (ADA)
  • Pregnancy — Pregnancy Discrimination Act
  • Genetic information — Genetic Information Nondiscrimination Act (GINA)

    • Sex discrimination includes sexual orientation and gender identity (per Bostock v. Clayton County, 2020).

    Reasonable Accommodation

    Employers must provide reasonable accommodations for:

  • Disabilities (unless it causes undue hardship)
  • Religious practices
  • Pregnancy-related conditions

    • Sexual Harassment

    Two types are illegal:

  • Quid pro quo: Employment decisions tied to submission to sexual conduct
  • Hostile work environment: Pervasive unwelcome sexual conduct that affects your ability to work

    • Family and Medical Leave

    FMLA (Family and Medical Leave Act)

  • 12 weeks of unpaid, job-protected leave per year
  • For your own serious health condition, caring for a family member, or birth/adoption of a child
  • Employer must maintain health insurance during leave
  • Must work for employer with 50+ employees for at least 12 months

    • Paid Leave

  • No federal paid leave law yet
  • 13 states + D.C. have paid family and medical leave laws
  • Many employers offer paid leave voluntarily

    • Retaliation Protection

    It is illegal for your employer to retaliate against you for:

  • Filing a wage complaint
  • Reporting safety violations
  • Filing a discrimination complaint
  • Taking protected leave
  • Engaging in union activity
  • Whistleblowing

    • Unions and Collective Bargaining

    The National Labor Relations Act protects workers’ rights to:

  • Organize and form unions
  • Bargain collectively
  • Strike and engage in other protected concerted activities

    • You cannot be fired for union organizing activity.

    How to Report Violations

  • Wage theft: File with the Wage and Hour Division (WHD) at dol.gov or call 1-866-487-9243
  • Safety violations: File with OSHA at osha.gov or 1-800-321-6742
  • Discrimination: File with the EEOC at eeoc.gov or call 1-800-669-4000
  • FMLA violations: File with WHD
  • Unemployment insurance: Apply through your state’s labor department

    • Resources

  • Department of Labor: dol.gov
  • OSHA: osha.gov
  • EEOC: eeoc.gov
  • NLRB (union rights): nlrb.gov
  • Worker Center near you: Find through the National Employment Law Project at nelp.org