Your rights and obligations in the workplace.
Employment Relationship Basics
Employee vs. Independent Contractor
| Factor | Employee | Independent Contractor |
|---|
| Control | Employer directs how work is done | Controls own methods |
| Tools | Employer provides | Provides own |
| Schedule | Set by employer | Sets own |
| Benefits | Often receives | Provides own |
| Taxes | Withheld by employer | Pays own |
| Termination | Can be fired | Contract ends |
| Multiple clients | Usually no | Usually yes |
Why it matters:
- Employees get more legal protections
- Employers save money by misclassifying
- Misclassification can result in back taxes and penalties
At-Will Employment
Most U.S. employment is "at-will":
| What It Means | What It Doesn't Mean |
|---|
| Can be fired anytime | Can be fired for illegal reasons |
| Can quit anytime | No notice required (but courtesy matters) |
| No contract needed | Contracts can change terms |
Exceptions to at-will:
| Exception | Example |
|---|
| Discrimination | Fired because of race |
| Retaliation | Fired for reporting harassment |
| Public policy | Fired for refusing illegal act |
| Contract | Employment agreement states terms |
| Implied contract | Handbook creates promises |
Hiring Process
What Employers Can and Cannot Ask
| Can Ask | Cannot Ask |
|---|
| Are you authorized to work in US? | Are you a citizen? |
| Can you perform job functions? | Do you have disabilities? |
| Are you over 18? | How old are you? |
| Languages you speak (if job-related) | What's your native language? |
| Current address | Do you own or rent? |
| Availability for travel | Are you married? Have kids? |
Background Checks
| Type | What's Checked | Your Rights |
|---|
| Criminal | Arrests, convictions | Must consent, can dispute |
| Credit | Payment history (some jobs) | Must consent, can dispute |
| Employment | Past jobs | Can verify what you provided |
| Education | Degrees, dates | Can verify what you claimed |
| Drug test | Substance use | Usually must consent |
Ban the box laws (in many states/cities): Can't ask about criminal history on initial application.
Employment Contracts
| Term | What to Watch |
|---|
| Non-compete | May restrict future employment |
| Non-solicitation | Can't recruit clients/employees |
| Confidentiality | What you can't share |
| Invention assignment | Employer owns your creations |
| At-will statement | Confirms no job security |
| Arbitration | No court for disputes |
Wages and Hours
Minimum Wage
| Level | Who Sets It |
|---|
| Federal | $7.25/hour (as of 2024) |
| State | Many higher than federal |
| Local | Some cities higher than state |
| Tipped | Lower if tips make up difference |
You're entitled to the highest applicable minimum wage.
Overtime
| Rule | Application |
|---|
| Standard | 1.5x regular rate after 40 hours/week |
| Daily overtime | Some states require after 8 hours/day |
| Exempt employees | No overtime required |
Exempt vs. Non-Exempt:
| Exempt (No Overtime) | Non-Exempt (Gets Overtime) |
|---|
| Salary above threshold ($35,568+) | Hourly workers |
| Executive, administrative, professional | Most workers |
| Uses discretion and judgment | Follows set procedures |
| Manages others (executive) | Doesn't meet exempt criteria |
Common Wage Violations
| Violation | What It Looks Like |
|---|
| Off-the-clock work | Required to work before/after punch |
| Tip theft | Manager takes tips |
| Misclassification | Called exempt but shouldn't be |
| Unauthorized deductions | Docking pay for breakages |
| Split-shift violations | Not compensating for split shifts |
| Meal/rest break violations | No breaks or interrupted breaks |
Workplace Discrimination
Protected Classes
| Federal Protection | Covers |
|---|
| Race and color | Title VII |
| National origin | Title VII |
| Religion | Title VII |
| Sex (including pregnancy) | Title VII |
| Age (40+) | ADEA |
| Disability | ADA |
| Genetic information | GINA |
State and local laws may add: LGBTQ+ status, marital status, political affiliation, and others.
Types of Discrimination
| Type | Definition | Example |
|---|
| Disparate treatment | Intentional different treatment | Not hiring women |
| Disparate impact | Neutral policy with discriminatory effect | Height requirement eliminating women |
| Harassment | Hostile work environment | Racial jokes, unwanted touching |
| Failure to accommodate | Not providing reasonable accommodations | Refusing prayer breaks |
| Retaliation | Punishment for complaining | Demoted after filing complaint |
Filing a Discrimination Claim
| Step | Timeline |
|---|
| Document incidents | Ongoing |
| Report internally | As required by employer policy |
| File with EEOC | Within 180 days (300 with state agency) |
| EEOC investigation | 6 months average |
| Right to sue letter | After EEOC or if they don't act |
| File lawsuit | Within 90 days of right to sue |
Harassment
Sexual Harassment
| Type | Definition | Examples |
|---|
| Quid pro quo | Job benefit for sexual favor | Promotion for date |
| Hostile environment | Pervasive unwelcome conduct | Constant crude jokes |
What constitutes harassment:
- Unwelcome
- Based on protected characteristic
- Severe or pervasive enough to affect work environment
Reporting Harassment
| Step | Action |
|---|
| Document | Dates, witnesses, what happened |
| Report internally | Follow company procedure |
| Report to EEOC | If internal process fails |
| Consult attorney | If retaliation or no action |
Employer obligations:
- Investigate promptly
- Take corrective action
- Prevent retaliation
Leave and Benefits
Family and Medical Leave Act (FMLA)
| Requirement | Details |
|---|
| Eligibility | 12 months employed, 1,250 hours, 50+ employees |
| Amount | 12 weeks unpaid leave per year |
| Reasons | Birth/adoption, serious health condition, family member care |
| Job protection | Same or equivalent job upon return |
| Benefits | Health insurance continues |
Other Leave Types
| Leave Type | Federal Requirement |
|---|
| Sick leave | Not required (some states require) |
| Vacation | Not required |
| Holidays | Not required |
| Jury duty | Cannot penalize (pay varies) |
| Military leave | USERRA protections |
| Voting | Varies by state |
Benefits
| Benefit | Legal Requirement |
|---|
| Health insurance | ACA requires for 50+ employees |
| Retirement | Not required but ERISA regulates |
| Unemployment | Employer pays into state fund |
| Workers' comp | Required in most states |
| Disability | Some states require |
Workplace Safety
OSHA Rights
| Right | What It Means |
|---|
| Safe workplace | Free from recognized hazards |
| Information | Know about hazards |
| Training | How to work safely |
| Report hazards | Without retaliation |
| File complaint | OSHA investigation |
| Refuse dangerous work | Under specific circumstances |
Workers' Compensation
| Aspect | How It Works |
|---|
| Coverage | Injuries/illness arising from work |
| No fault | Collect regardless of who caused injury |
| Benefits | Medical care, wage replacement, disability |
| Trade-off | Generally can't sue employer |
| Exceptions | Intentional harm, third parties |
Termination
Legal Reasons for Firing
| Legal | Illegal |
|---|
| Poor performance | Discrimination |
| Misconduct | Retaliation for complaints |
| Layoffs | Refusing illegal acts |
| Company restructuring | Exercising legal rights |
| Violation of policy | Protected activity (union, OSHA) |
Wrongful Termination Signs
| Red Flag | Possible Issue |
|---|
| Fired after complaining | Retaliation |
| Older workers targeted | Age discrimination |
| Fired during medical leave | FMLA violation |
| Different treatment than others | Discrimination |
| Fired after reporting safety | OSHA retaliation |
| Fired during pregnancy | Pregnancy discrimination |
After Termination
| Item | Your Rights |
|---|
| Final paycheck | Due immediately or next payday (by state) |
| Severance | Not required unless promised |
| COBRA | Continue health insurance (pay full cost) |
| Unemployment | Apply if eligible |
| Non-compete | May or may not be enforceable |
| References | Limited to dates and position (usually) |
Severance Negotiations
| Negotiable Item | What to Ask For |
|---|
| Amount | More weeks/months |
| COBRA | Employer pays premium |
| Non-compete | Release or limit |
| Reference | Agreed-upon statement |
| Unemployment | Employer won't contest |
| Equipment | Keep laptop, phone |
Unions and Collective Action
Your Rights Under NLRA
| Right | Protection |
|---|
| Organize | Form or join union |
| Bargain collectively | Through union representatives |
| Strike | With some limitations |
| Discuss conditions | Talk about pay, conditions with coworkers |
| Concerted activity | Act together to improve conditions |
What Employers Cannot Do
| Prohibited Action | Example |
|---|
| Threaten | Close plant if union wins |
| Interrogate | Ask about union support |
| Promise | Raise if vote no |
| Surveil | Spy on union activities |
Protecting Yourself
Documentation Best Practices
| What to Document | How |
|---|
| Performance reviews | Keep copies |
| Positive feedback | Save emails |
| Incidents | Date, time, witnesses |
| Policies violated | Screenshot/print |
| Communications | Save important emails |
Before Leaving a Job
| Action | Why |
|---|
| Document achievements | For resume, disputes |
| Save contacts | Professional network |
| Review agreements | Non-compete, NDA |
| Return property | Avoid theft claims |
| Get agreements in writing | Severance, references |
Key Takeaways
- Know your classification - Employee vs. contractor affects your rights
- At-will has limits - Can't be fired for illegal reasons
- Document everything - Contemporaneous notes are powerful evidence
- Report internally first - Usually required before external complaints
- Understand time limits - EEOC has 180/300-day deadline
- Review before signing - Non-competes and arbitration clauses matter
- Know wage rules - Many employers violate wage and hour laws
- Retaliation is illegal - Complaining is protected activity
Disclaimer: This is educational information, not legal advice. Employment law varies by state and situation.