20 Service Law Questions: Understanding Workplace Rights

General Workplace Rights

What is service law?

Service law prescribes the rights, duties, and obligations of employers and employees in a workplace context.

What are the minimum rights of employees?

Employees are entitled to wages, working conditions, discrimination-free work environments, and collective bargaining.

What is an employment contract?

It is a binding agreement between two parties that contains terms and conditions for employment such as salary, job description, and benefits.

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Can an employer alter employment conditions without employee’s consent?

Employers cannot unilaterally change fundamental terms without violating the contract or employment law.

What is at-will employment?

A system where employers or employees can terminate the relationship at any time without cause, except for illegal reasons.

Wages and Benefits

What is the minimum wage?

The minimum amount employers must pay workers, as set by federal, state, or local laws.

What is overtime pay?

More money for work hours in excess of the standard 40-hour workweek, generally at 1.5 times the regular rate.

Are paid sick leave policies mandatory for employers?

Some states and cities have paid sick leave requirements; most do not.

Do employers have the right to withhold wages?

Wages may only be withheld for lawful purposes, such as income taxes, court judgments, or approved deductions.

What rights does an employee have with regard to benefits?

Benefits such as health insurance, retirement plans, and paid leave are determined by the employer’s policies and local laws.

Discrimination and Harassment

What is workplace discrimination?

Unfair treatment of an employee on the grounds of protected traits such as race, gender, religion, disability, or age.

What is workplace harassment?

Unwelcome conduct on the grounds of protected traits that results in a hostile or offensive working environment.

How do employees complain about discrimination?

Inform internally to HR or lodge a complaint to external agencies, such as the Equal Employment Opportunity Commission (EEOC).

What is retaliation at work?

Adversely punitive measures applied on an employee because they complained about discrimination or made exercise legal rights.

Is the employer responsible for the acts of coworker harassment?

Absolutely if the employer was aware of harassment but failed to do something to prevent it from occurring again in the future.

Termination and Resignation

What is wrongful termination?

Termination that violates the employment laws, contracts, or public policy such as firing on account of discrimination or retaliation.

Can employees be fired without notice?

Yes in at-will employment states, unless otherwise stated in a contract or collective bargaining agreement.

What is constructive dismissal?

When an employer’s actions forces an employee to resign, like creating intolerable working conditions.

What severance pay is required upon termination?

Severance pay is not required unless provided for in a contract, policy, or collective agreement.

What are the rights of employees regarding final paychecks?

Laws vary by state, but employers are generally required to provide final wages within a certain number of days after termination.

These questions give a general idea of workplace rights and responsibilities.