Essential Guide to Protect Yourself at Work
When it comes to your rights as an employee, it’s essential to stay informed. Whether you’re navigating wage and hour laws, dealing with discrimination, or understanding wrongful termination, knowing your legal protections can make a significant difference in your professional life. This guide will provide an overview of key areas of employment law to help you understand your rights and what to do if they’re violated.
At Shaumyan & Derbarseghian, LLP, we specialize in employment law and are here to support you when you need legal guidance.
1. Wage and Hour Laws: Know Your Compensation Rights
One of the most common issues employees face involves wage and hour disputes. Wage and hour laws dictate how much you’re paid, the frequency of your paychecks, and how many hours you should work before receiving overtime pay. These laws are enforced at both the federal and state levels, so it’s important to know the specific regulations in your area.
Minimum Wage
The Fair Labor Standards Act (FLSA) sets the federal minimum wage, but states can have their own higher minimum wages. For instance, as of 2024, California’s minimum wage is $16.00 per hour for employers with 26 or more employees. Always ensure that you are receiving at least the minimum wage according to the law in your state.
Check your state’s minimum wage here.
Overtime Pay
Most employees are entitled to overtime pay for hours worked beyond 40 in a workweek. Under the FLSA, overtime must be paid at a rate of 1.5 times your regular hourly wage. However, certain categories of workers, such as executives and professionals, may be exempt from overtime requirements.
Wage Theft
Wage theft is when employers fail to pay employees what they are legally owed. This can include:
- Not paying overtime
- Denying meal or rest breaks
- Misclassifying employees as independent contractors to avoid paying benefits
If you’re a victim of wage theft, you’re entitled to compensation for unpaid wages, and in some cases, additional damages.
Meal and Rest Breaks
In many states, including California, employers are required to provide meal breaks and rest periods during shifts. For example, in California, employees must be provided a 30-minute meal break if they work more than five hours in a day, and a second break if they work over 10 hours.
2. Workplace Discrimination: Equal Treatment for All Employees
Workplace discrimination occurs when an employee is treated unfairly due to race, color, national origin, sex, religion, disability, age, or other protected characteristics. Both federal and state laws prohibit discrimination in the workplace, including during hiring, promotions, and termination.
Protected Characteristics
Federal laws, like Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), offer protections against discrimination based on:
- Race or color
- National origin
- Religion
- Gender (including pregnancy, sexual orientation, and gender identity)
- Disability
- Age (40 or older)
- Genetic information
Many states, such as California, also offer additional protections beyond what federal law provides, covering aspects like marital status, sexual orientation, and military service.
What to Do if You Experience Discrimination
If you believe you’re being discriminated against, start by documenting the incidents, including dates, times, and specific actions or statements made. Report the issue to your HR department or supervisor if you feel comfortable doing so. If the situation doesn’t improve or you face retaliation, you may file a claim with the Equal Employment Opportunity Commission (EEOC) or your state’s equivalent agency.
Learn more about how to file a complaint with the EEOC.
3. Harassment in the Workplace: Your Right to a Safe Work Environment
Harassment in the workplace includes any unwelcome behavior based on protected characteristics, such as race, gender, or disability, that creates a hostile or abusive environment. This can range from offensive jokes and comments to physical intimidation or assault.
Sexual Harassment
Sexual harassment is one of the most pervasive forms of harassment and can include:
- Unwanted advances or comments
- Physical contact
- Inappropriate emails or messages
- Requests for sexual favors in exchange for promotions or job benefits
This can be divided into two categories:
- Quid Pro Quo: When job benefits are contingent on submitting to sexual advances.
- Hostile Work Environment: When harassment is so severe or pervasive that it affects an employee’s ability to work.
If you face harassment, report the behavior to HR or follow your company’s harassment reporting protocol. Employers are required to investigate these claims and take appropriate action. You may also seek legal assistance to protect your rights.
Learn more about sexual harassment in the workplace.
4. Wrongful Termination: What Happens When You’re Fired Unfairly
Wrongful termination occurs when an employee is fired for illegal reasons, such as retaliation, discrimination, or refusal to engage in illegal activities. While most employees work “at will” (meaning they can be fired for any reason that is not illegal), there are certain exceptions that protect employees from being terminated under unlawful conditions.
Examples of Wrongful Termination
- Firing someone because of their race, gender, or disability
- Termination as retaliation for whistleblowing or reporting unsafe working conditions
- Dismissing an employee for taking medical leave or family leave (under the Family and Medical Leave Act (FMLA))
- Letting an employee go for refusing to participate in illegal activities
If you believe you’ve been wrongfully terminated, it’s essential to gather evidence and consult an employment attorney. Wrongful termination claims can result in compensation for lost wages, damages, and sometimes reinstatement.
Learn more about your rights under the FMLA.
5. Retaliation: Protecting Employees Who Stand Up for Their Rights
Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as reporting discrimination, harassment, or wage violations. Federal laws prohibit retaliation, and employees who experience retaliation may file a claim for damages.
Adverse actions can include:
- Demotions
- Pay cuts
- Unjustified negative performance reviews
- Termination
If you suspect retaliation, document any negative actions that occurred after you reported an issue and seek legal advice.
Protect Your Rights with Help from Shaumyan & Derbarseghian, LLP
Understanding your rights as an employee is crucial to ensuring fair treatment in the workplace. Whether you’re dealing with wage disputes, discrimination, harassment, or wrongful termination, it’s essential to stay informed and take appropriate action if your rights are violated.
At Shaumyan & Derbarseghian, LLP, we specialize in employment law and are here to support you in navigating complex workplace issues. If you’ve experienced any violation of your employment rights, don’t hesitate to reach out to our team for a free consultation. We’ll review your case and help you understand your legal options.
Contact us today for a free consultation to protect your rights and take the first step toward justice.
