What Are Your Rights as an Employee in the United States?

As an employee in the United States, it’s important that you understand your rights. There are several regulations that protect you as an American worker at both the federal and state levels.

Knowing about your rights enables you to make informed decisions about your employment and take action if your employer is failing to provide a safe and fair work environment for you.

Below, we have covered some of the many employment rights that you have as a US employee. You can learn more about what you’re entitled to as an employee by looking at HKM’s insights on workplace rights.

Right to a Safe Workplace

The right to a safe workplace is enforced by the Occupational Safety and Health Administration (OSHA). This regulation applies to all workplaces, regardless of the business’s industry or sector.

American employees have a right to work within an environment that is free from hazards that have the potential to cause serious harm, injuries, or fatalities. They also have the right to report unsafe conditions without the fear of being dismissed or treated differently for doing so.

Protections from Discrimination

Employees in the United States are safeguarded from discrimination based on protected characteristics under the Equal Employment Opportunity Commission (EEOC). This is a federal-level regulation that applies to workers’ rights in Central Pennsylvania, California, Florida, or elsewhere in the US.

Protected characteristics include age, sex, race, ethnicity, religion, disability, or pregnancy. Should a worker be discriminated against based on any of these characteristics, they have the right to file a claim under the EEOC.

Equal Pay and Fair Wages

Employees in the United States have a right to equal pay, regardless of sex. Both men and women should be given equal pay for equal work under the Equal Pay Act.

There should be no disparities between wages and overtime payments between men and women if they are working the same hours and roles. Wage discrimination claims should be filed under the EEOC.

On a similar note, the Fair Labor Standards Act (FLSA) establishes the minimum working wage and overtime pay eligibility for American workers. Employees must receive at least the federal minimum wage for every hour they work for an employer, and overtime pay for worked hours exceeding 40 hours a week.

Family and Medical Leave

Under the Family and Medical Leave Act (FMLA), eligible US employees are entitled to take up to 12 weeks of unpaid leave per year for family or medical reasons. Common reasons for leave under the FMLA include childbirth, adoption of a child, or caring full-time for an immediate family member with a serious health condition.

To be eligible to take FMLA leave, an employee must have worked for the company for at least 12 months or accumulated at least 1,250 hours. The employee must work at a location where the company employs more than 50 employees within 75 miles.

The Right to Privacy

Although employers have the right to monitor their employees’ performance and behavior in the workplace, employees are entitled to a certain level of privacy. For example, employers are unable to access employees’ personal emails or phone calls or record them without their knowledge.