Employee Rights Awareness Tool
An overview of key employment rights for workers in the USA.
Fair Labor Standards Act (FLSA)
The federal minimum wage for covered nonexempt employees is $7.25 per hour. Many states, and some cities, have higher minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher of the two.
Covered nonexempt employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.
Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace. Employers must keep accurate records of hours worked and wages paid to employees.
Occupational Safety and Health Act (OSHA)
Federal law entitles you to a workplace free from known health and safety hazards. You have the right to speak up about hazards without fear of retaliation. You can request an OSHA inspection, receive safety training in a language you understand, and be provided with required safety equipment.
Employers must provide a workplace free from serious recognized hazards and comply with all OSHA standards. This includes examining workplace conditions, ensuring tools are safe, providing necessary training, and posting the OSHA poster informing employees of their rights.
If you believe working conditions are unsafe, you may file a confidential complaint with OSHA and ask for an inspection. It is illegal for an employer to fire, demote, or otherwise retaliate against a worker for filing a complaint or exercising their legal rights.
Equal Employment Opportunity Commission (EEOC)
It is illegal for employers to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information.
Anti-discrimination laws apply to all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and any other term or condition of employment. This also includes protection from workplace harassment.
If you believe you have been discriminated against at work, you can file a charge of discrimination with the EEOC. The EEOC will investigate and may try to settle the charge. There are strict time limits for filing a charge.
Family and Medical Leave Act (FMLA)
To be eligible for FMLA leave, you must work for a covered employer, have worked 1,250 hours during the 12 months prior to the start of leave, work at a location where the employer has 50 or more employees within 75 miles, and have worked for the employer for at least 12 months.
Eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for: the birth and care of a newborn child; placement of a child for adoption or foster care; to care for an immediate family member with a serious health condition; or to take medical leave for one's own serious health condition.
Upon return from FMLA leave, an employee must be restored to their original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. Your group health insurance coverage must be maintained during the leave.
Data Configuration & Scope
Important Note on Legal Scope
This tool provides a general overview of key federal employee rights in the United States of America. The information presented is for awareness and educational purposes only.
Many states, counties, and cities have their own specific labor laws that may provide additional protections or higher standards than federal law (e.g., higher minimum wage, paid sick leave).
This tool does not require any data input. For specific legal advice or questions about your individual situation, it is recommended to consult with a qualified legal professional or your state's department of labor.