General Employment Rights
What is service law?
Service law regulates the employer-employee relationship to maintain compliance with labor standards and uphold rights at work.
What is at-will employment?
It is a doctrine that permits the employer or the employee to terminate the relationship with each other anytime without just cause except when prohibited by discrimination or retaliation.
What are employees’ basic legal rights?
These are the right to fair wages, safe working conditions, protection against discrimination, and the right to file complaints.
Are employment contracts required?
No, but they do clarify many of the details of employment such as duties, wages, and benefits.
Also read:
- https://prolegalinsights.com/40-essential-service-law-questions-for-employees-and-employers/
- https://prolegalinsights.com/20-service-law-questions-understanding-workplace-rights/
- https://prolegalinsights.com/25-faqs-about-service-law-and-employee-protections/
What is an exempt employee?
An exempt employee is not required to receive overtime pay. A non-exempt employee, however, is entitled to receive overtime for work performed over 40 hours per week.
Wages and Compensation
Federal Minimum Wage
As of now, it is $7.25 per hour, but states or local jurisdictions may set higher rates.
What are the rules for overtime pay?
Non-exempt employees must receive 1.5 times their hourly rate for hours worked over 40 in a workweek.
Can an employer withhold wages?
Employers can withhold wages only for lawful reasons, such as tax deductions, court orders, or employee-authorized benefits.
What happens if an employer pays less than the minimum wage?
Employees may file a complaint with the Department of Labor or sue to collect unpaid wages.
Do employees get bonuses?
Bonuses are a matter of company policy or an employment contract. A promised bonus is legally binding.
Workplace Environment
What is OSHA, and how does it protect employees?
OSHA, or Occupational Safety and Health Administration, establishes and enforces workplace safety standards that prevent hazards and injuries.
What is the legal requirement for workplace safety?
Employers must offer a working place free from known hazards that may cause death or serious injury.
Can employees refuse to work in unsafe conditions?
Yes, an employee has a right to refuse work that has an immediate hazard to his or her health and safety.
What is workplace bullying, and is it illegal?
Workplace bullying is repetitive hostile behavior. Although not necessarily illegal, it can be against the law when it is motivated by protected traits or when it creates a hostile work environment.
What is whistleblower protection?
Legislation protects whistleblowers, who are employees who report illegal activities or violations of workplace laws, from retaliation by employers.
Discrimination and Harassment
What is workplace discrimination?
Treating an employee unfairly based on some protected characteristics like race, gender, religion, age, or disability.
What is workplace harassment?
Unwelcome conduct based on a protected characteristic which creates a hostile or offensive working environment.
Employees can report their discrimination either within the organization via HR or can file a complaint with agencies, such as EEOC for external reporting.
Retaliation in the workplace
Punitive actions of demotion, termination, against employees for making a complaint against discrimination or their rights.
Is an employer responsible for coworker harassment?
Yes, if the employer knew or should have known about the harassment and did nothing to correct the situation.
Termination and Resignation
What is wrongful termination?
Termination that violates employment laws, contracts or public policy, such as being fired for discriminatory or retaliatory reasons.
Can an employee be discharged without notice?
In at-will states, yes, unless otherwise agreed to in a contract or collective bargaining agreement.
What is constructive dismissal?
When an employer makes work unbearable, the employee quits in protest.
What is a severance package?
Money or benefits that are paid to an employee upon termination. In most cases, it is not mandatory unless contract or policy.
When must an employee be paid their final wages?
State laws vary, but most require this to be made by the next regular payday, or sooner.
Leaves and Benefits
Must an employer offer paid sick leave?
It varies by state or local jurisdiction. The federal Family and Medical Leave Act (FMLA) offers unpaid leave for specific instances.
What is the Family and Medical Leave Act (FMLA)?
FMLA rights are provided to eligible employees to take up to 12 weeks in a fiscal year of unpaid leave for family or medical reasons, with protection of their job.
What is COBRA, and what does it mean for terminated employees?
COBRA provides an opportunity for the continuation of health insurance after termination by an employee for up to 18 months, at their expense.
Can an employer refuse to allow vacation leave?
Vacation leave can be denied if not mandatory by law or company policy; however, most accrued vacation time is protected by law.
What happens if an employer breaks the leave policies?
Employees can file complaints with labor agencies or pursue legal redress for damages.
These FAQs contain very practical insight into service law and employee protections.