what is a lawyer who protects employee rights

Full Answer

How do you find employment lawyers?

• If your state bar offers this service, then you can find an employment lawyer near you by conducting a simple search.
• Some state bar associations, like California’s, provide the public with a list of lawyer referral service organizations which have been certified by the state bar. ...
• Many cities and counties have their own bar associations as well. ...

More items...

What does an employment lawyer do?

• ageism
• racism
• sexism
• harassment
• pregnancy discrimination
• discrimination due to a disability
• unfair firing
• a gender wage gap
• unsafe work conditions
• punishment for whistle-blowing

More items...

What are your rights as an employee?

Discriminatory actions may include (but are not limited to):

• Keeping you from accessing training opportunities
• Withholding a promotion or job assignment
• Reducing your pay, firing you, or laying you off
• Changing your hours to less optimal hours
• Preventing you from accessing leave you’re entitled to
• Preventing you from accessing health insurance or other benefits

What are employee rights attorney?

• You have concerns about how you are being treated in the workplace or whether your termination or lay off was legal;
• You are considering quitting your employment because of your employer's apparently unlawful conduct;
• You do not want to or cannot negotiate with your employer regarding severance pay;

More items...

What is the name of the law that protects employees at work?

The Occupational Safety and Health Act of 1970 (OSH Act) was passed to prevent workers from being killed or otherwise harmed at work. The law requires employers to provide their employees with working conditions that are free of known dangers.

What protects employees from being fired?

Labor Code section 230(e) prohibits an employer from discharging or retaliating against an employee because of his or her status as a victim of crime or abuse, provided that the victim provides notice to employer of the status or the employer has actual knowledge of the status.

What are the 3 major rights as an employee?

The Act creates and defines three rights for employees: a “right to know” information about the dangers involved in their job, a right to file OSHA complaints to control workplace hazards, and a right to not be punished for exercising rights protected by OSHA.

What rights should be protected in the workplace?

The right to a safe work environment, free from undue dangers. The right to a degree of privacy in your personal matters. The right not to be discriminated against on grounds of your age, race, national origin, gender, ethnicity, pregnancy, religion, or disability.

What qualifies as wrongful termination?

To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability.

What are 5 employee rights in the workplace?

the right to speak up about work conditions. the right to say no to unsafe work. the right to be consulted about safety in the workplace. the right to workers compensation.

What are the four basic rights of workers?

Workplace safety the right to refuse dangerous work and know that you're protected from reprisal. the right to know about workplace hazards and have access to basic health and safety information. the right to participate in health and safety discussions and health and safety committees.

What is considered workplace harassment?

As per the Equal Employment Opportunity Commission (EEOC), harassment includes offensive jokes, bullying, slurs, epithets, physical assaults, intimidation, ridicule, insults, offensive objects or pictures, and interference in work performance.

What are my employment rights?

Employees have all the employment rights that workers do, as well as extra rights and responsibilities, including: parental leave and pay. Shared Parental Leave and Pay. maternity, paternity and adoption leave and pay.

What is considered discrimination at work?

The laws enforced by EEOC protect you from employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.

Why do we have labor laws?

Labor laws exist to protect every working person in the United States. While each office is different, there are universal expectations for workplace dynamics. These are the basics of labor laws and how they affect laborers.

What are the critical labor laws?

Labor laws cover all facets of the working experience from interpersonal relationships, workplace expectations, work-life balance, and more. These are the critical labor laws that dictate acceptable and unacceptable conditions.

Why do companies need unions?

Employee unions protect the values, needs, and demands of workers from oppressive systems and unyielding employers. Teachers, nurses, service employees, and construction workers form various job-related unions to push for better pay, high-quality benefits, safer workplaces, and more. While there are rules and regulations for forming unions, an employer cannot stop you from doing so, just as they cannot hinder you from joining an already existing one in your industry.

What are some examples of rights of employees?

Examples of employee rights include: Forming, or attempting to form, a union in your workplace; Joining a union whether the union is recognized by your employer or not;

What are the rights of an employee who is not a union?

Employees who are not represented by a union also have rights under the NLRA. Specifically, the National Labor Relations Board protects the rights of employees to engage in “concerted activity”, which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment. A single employee may also engage in protected concerted activity if he or she is acting on the authority of other employees, bringing group complaints to the employer’s attention, trying to induce group action, or seeking to prepare for group action.

What are protected concerted activities?

A few examples of protected concerted activities are: 1 Two or more employees addressing their employer about improving their pay. 2 Two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other. 3 An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions.

What does "work related" mean?

Two or more employees addressing their employer about improving their pay. Two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other. An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions.

What are the rights of employees under the National Labor Relations Act?

Employee Rights. Employees covered by the National Labor Relations Act are afforded certain rights to join together to improve their wages and working conditions, with or without a union. Union Activity. Employees have the right to attempt to form a union where none currently exists, or to decertify a union that has lost the support of employees.

What does "speak to employer" mean?

An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions.

What rights do unions have under the NLRA?

Employees who are not represented by a union also have rights under the NLRA. Specifically, the National Labor Relations Board protects the rights of employees to engage in “concerted activity”, which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment.

Why is discrimination against employees illegal?

A number of laws protect against discrimination of employees in the workplace for various reasons, such as unequal pay or pregnancy. Although common, discrimination can be difficult to fight against. Gender Discrimination. It is illegal for an employer to pay employees different wages due to their gender.

What to do if your employee rights are violated?

If any of your employee rights have been violated by your employer and you have tried to have them fixed internally but nothing has been done, reach out to a lawyer for legal advice. Don’t hesitate, talk to an employee rights attorney: (412) 626-5626 or lawyer@lawkm.com.

How are whistleblower rights protected?

Whistleblower Rights: How Employees Are Protected When They Expose An Employer’s Illegal Actions. When an employer is consistently violating employee rights or the safety and health of the workplace, an employee may need to step up and report the ongoing violations.

What are the rights of a private person?

1. Privacy Rights. As a rule of thumb, personal possessions are generally considered private, including purses, briefcases, and employee storage lockers. However, employers can monitor your telephone and internet usage at work. Although private telephone conversations may have protections, emails on a company computer or with a company email ...

What is the right of every employee to report a violation of their rights?

Every employee has the right to report a violation of their employee rights to a federal or state agency in order to rectify the situation. This is a right of every employee.

What is the Department of Labor's goal for protecting workers?

Safe Workplace. To protect workers in the United States, the Department of Labor outlined certain guidelines to ensure the safe and healthy work environments. Employers should take necessary steps to keep the workplace free of recognized hazards. This also includes providing safety training and updating equipment.

Do employees have rights?

Although many employees have been working for years, many are unaware of their true employee rights. In fact, employment myths continue to muddy what employees understand to be employee rights. Know your rights. Employees receives these 10 employee rights depending on their situation.

Why is it unlawful for a supervisor to refuse to promote a Vietnamese person to a management position?

For example, it is unlawful for a supervisor to refuse to promote a Vietnamese person to a management position because he or she believes that Asian people are not good leaders.

Who enforces Title VII?

It also applies to the federal government, employment agencies, and labor organizations. Title VII is enforced by the Equal Employment Opportunity Commission.

What is Title VII discrimination?

Title VII also prohibits harassment based on the victim’s membership in a protected class. Harassment must be unwelcome and either severe or pervasive to be actionable. If you are harassed, it is important to notify the perpetrator that you find his or her behavior offensive and to notify the employer. A failure to give an employer notice can adversely affect a discrimination claim. For example, if a coworker propositions you for sexual favors repeatedly, you should report the sexual harassment to your Human Resources department or follow grievance procedures outlined in your employment handbook to give your employer a chance to correct the situation before filing a claim with the EEOC.

Can an employer defend itself for a policy that is alleged to have a disparate impact?

However, an employer that institutes a policy alleged to have a disparate impact may defend itself on the grounds that the policy is important for job performance or is a business necessity.

Is it illegal to retaliate against an employer for discrimination?

It is illegal for an employer to retaliate against you for opposing discrimination under Title VII, for participating in an EEOC investigation of a discrimination claim, or for making a discrimination claim yourself.

Can a person be denied employment under Title VII?

No person employed by a company covered by Title VII, or applying to work for that company, can be denied employment or treated differently with regard to any workplace decision on the basis of perceived racial, religious, national, sexual, or religious characteristics.

Is harassment a pervasive or unwelcome act?

Harassment must be unwelcome and either severe or pervasive to be actionable. If you are harassed, it is important to notify the perpetrator that you find his or her behavior offensive and to notify the employer. A failure to give an employer notice can adversely affect a discrimination claim.

What are the protections included in the law?

These laws protect employees and job applicants against: Discrimination, harassment, and unfair treatment in the workplace by anyone because of: Race. Color. Religion. Sex (including gender identity, transgender status, and sexual orientation) Pregnancy. National origin.

What are the laws that the EEOC enforces?

Laws that the EEOC Enforces. Federal employment discrimination laws include: The Americans with Disabilities Act (ADA) – prohibiting discrimination against workers with disabilities and mandating reasonable accommodations. The Age Discrimination in Employment Act of 1967 (ADEA) Title VII of the Civil Rights Act of 1964 (Title VII) ...

How many employees are required to be covered by the EEOC?

Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees.

How to file a discrimination complaint?

How to File an Employment Discrimination Complaint. To file a complaint, contact your state, local or tribal employment rights office. Many state and local governments have their own anti-discrimination laws. These laws may offer extra protections beyond federal laws. Some state laws: Apply to businesses with only five or six employees.

Does each state have its own labor laws?

In addition to the federal laws, each state has its own labor laws, which vary from state to state.

Who protects longshore and harbor workers?

Longshore and Harbor Workers, Coal Miners, Nuclear Weapons Workers, and Federal Employees. Federal 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.

Can you sue the EEOC for harassment?

(This doesn't apply to cases of unequal pay between men and women.) You may decide to sue if the EEOC can’t help you.

Which federal law protects against workplace inequality?

Among other federal labor laws that protect against workplace, inequality are the Age Discrimination in Employment Act of 1967 , which applies to workers 40 years and older, and the Americans With Disabilities Act of 1990 (ADA). 23

Who is responsible for enforcing the OSHA law?

The Occupational Safety and Health Administration (OSHA) has the primary responsibility for enforcing the law, although state agencies may also have a role in implementing certain provisions. 6 Though the protections affect most employees, self-employed individuals and those working on small family farms, among others, are exempted from the law. 7

What is whistleblower protection?

Whistleblower Protections. A patchwork of federal statutes helps protect whistleblowers who report their employer for violations of the law. Whistleblower protections are often built into other pieces of legislation that govern an industry.

What is the Occupational Safety and Health Act?

4 The act also includes a “General Duty Clause” that prohibits any workplace practice that represents a clear risk to workers. 5

What is a patchwork of federal statutes?

A patchwork of federal statutes helps protect whistleblowers who report their employer for violations of the law. Whistleblower protections are often built into other pieces of legislation that govern an industry. For example, the Clean Air Act safeguards those who highlight violations of environmental law, and the Consumer Product Safety Improvement Act offers protection to those who uncover unlawful manufacturing policies. 15 16

What is the right to speak up about workplace hazards?

You have the right to speak up about hazards without fear of retaliation. You also have the right to: Receive workplace safety and health training in a language you understand. Work on machines that are safe.

How to be a safe worker?

Federal law entitles you to a safe workplace. Your employer must keep your workplace free of known health and safety hazards. You have the right to speak up about hazards without fear of retaliation. You also have the right to: 1 Receive workplace safety and health training in a language you understand 2 Work on machines that are safe 3 Receive required safety equipment, such as gloves or a harness and lifeline for falls 4 Be protected from toxic chemicals 5 Request an OSHA inspection, and speak to the inspector 6 Report an injury or illness, and get copies of your medical records 7 Review records of work-related injuries and illnesses 8 See results of tests taken to find workplace hazards

What to do if you believe working conditions are unsafe?

If you believe working conditions are unsafe or unhealthful, you may file a confidential complaint with OSHA and ask for an inspection. If possible, tell your employer about your concerns. How to File a Safety and Health Complaint. Protection from Retaliation. It is illegal for an employer to fire, demote, transfer or otherwise retaliate ...

How to contact OSHA?

Contact OSHA. To discuss a health and safety issue at work, contact OSHA toll-free at 1-800-321-6742 (OSHA) or by email, or contact your nearest OSHA office. Your information will be kept confidential.