Federal Labor Laws: Employees Have Rights and Are Protected

Many companies spend a large amount of money and resources on understanding and complying with labor laws. Most larger companies have Human Resources departments and attorneys on staff to handle the large number and complexity of the laws. On the flip side, we as employees normally lack the resources required to understand these laws and, therefore, the rights and protections provided to us.

Fortunately, the majority of companies spend these resources to ensure that they are doing the right thing and the individuals who work at these companies typically need not worry. These labor laws hubs are written for those who find themselves employed by those companies who appear not to be doing the right thing. It is my hope that my 15 plus years in Human Resources management can assist someone who finds himself needing assistance in this area.

It is important to understand your own rights as an employee under both state and Federal law. In most cases, the law which provides the individual with the greatest benefit is the law that the company must follow. For example, Connecticut state law provides a greater amount of leave under its Family and Medical law than does the Federal law. Therefore, employers in Connecticut must allow the greater length of leave under the Connecticut regulations.

FEDERAL LAWS

Here are some of the Federal laws that affect the employment relationship:

• Age Discrimination in Employment Act
• Americans with Disabilities Act (ADA)
• Consumer Credit Protection Act
• Employee Polygraph Protection Act
• Employee Retirement Income Security Act
• Fair Credit Reporting Act/Fair and Accurate Transactions Act
• Fair Labor Standards Act
• Family and Medical Leave Act (FMLA)
• Immigration and Nationality Act
• Occupational Safety and Health Act
• Title VII of the Civil Rights Act of 1964
• Uniformed Services Employment and Re-employment Act

• Worker Adjustment and Retraining Act (WARN)

NEXT STEPS

Now that you know your rights, what do you do? As a former HR professional, I'd be negligent if I didn't recommend talking to your supervisor or your HR Manager. From my own experience, it is not beyond reality that he or she is not aware of your particular situation. Give your employer a chance to remedy the situation. If they refuse to do so, then you must decide your next steps. I like to think of the employment relationship just like any other relationship. Maybe it's time for you to break up and begin your job search. However, if you find the circumstances of your situation are egregious and you truly believe that there is intent behind the employer's actions, then you can take action. Here are some of the resources available to you:

• Equal Employment Opportunity Commission (EEOC)
• US Department of Labor
• Occupational Safety and Health Administration (OSHA)

The most important thing that I can tell you is to do your research before you take any action. Arm yourself with the facts and you will find that knowledge is power.