General Employment Law

7 Employment Rights You Didn’t Know You Had

As an employee, you must be aware of your rights in the workplace. Knowing what you are entitled to can help protect you against any potential violations of your rights.

The following list outlines seven employment rights that many employees may not know they have.

1. Right to Privacy in Your Workplace

Your employer cannot force you to share private information with them or your colleagues. This means that employers cannot ask questions related to:

  • Religion
  • Marital status
  • Sexual orientation
  • Age
  • Political beliefs unless specifically necessary for the job role

Additionally, employers in New York City cannot access personal emails or data on company-issued devices without your permission.

2. Right to Reasonable Accommodations for Disabilities

The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations to assist those with disabilities in their workplace. These accommodations must be specific and relevant to the individual’s needs and should not cause undue hardship on the employer’s part.

Examples of reasonable accommodations include changes in work hours or workspace design, as well as providing adaptive equipment when necessary.

3. Right against Discrimination

Employers cannot discriminate against employees based on race, color, sex, national origin, disability status, or religion under Title VII of the Civil Rights Act of 1964 or because of pregnancy under the Pregnancy Discrimination Act (PDA).

If discrimination occurs within a workplace setting then legal action can be taken against those responsible parties by filing a discrimination claim either with a state agency or through court proceedings.

4. Right to Equal Pay for Equal Work

Under The Equal Pay Act (EPA), men and women performing equal work must receive equal pay regardless of gender. This means that an employer cannot pay one gender more than another based on their sex if they are performing similar tasks at similar levels as each other within the same organization.

In addition, any differences in pay must be directly related to performance rather than gender identity.

5. Right to Unpaid Leave under the Family Medical Leave Act (FMLA)

Employees who have been employed for 12 consecutive months should receive up to 12 weeks of unpaid leave for medical reasons such as childbirth or family illness without fear of termination.

During this period employees do not lose health insurance benefits. They can also return to the same role with no loss of wages upon returning from leave after FMLA has been granted by their employer.

6. Right to Overtime Pay

Hourly employees must receive overtime pay for any work done over 40 hours per week according to The Fair Labor Standards Act (FLSA). This overtime rate is usually 150% more than their normal hourly rate which helps protect workers from being exploited by their employers if they are asked to stay longer than usual working hours each week.

7. Right to a Safe Working Environment

Employers must ensure that they take all appropriate safety within their workplace so that there is minimal risk for injury amongst workers according to OSHA standards at all times. This includes providing protective clothing where necessary and conducting regular safety checks throughout the year.

Employees should understand what rights they have. This provides peace of mind and also prevents exploitation and unfair treatment at work. It is also beneficial for employers because it creates a safe, healthy, and fair working environment.

If you’d like more information about your rights as an employee or you’d like to speak to an attorney about a violation of those rights, contact Borrelli & Associates, P.L.L.C.

Published by
Borrelli & Associates

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