Justia Legal Resources: Employment Law Center

When problems arise in the workplace, employees may have questions about their rights. The Employment Law Center at Justia outlines some general answers to these questions, helping to inform and empower its readers.

Approximate Read Time: 4 Minutes

Federal and state laws provide important rights in the workplace. These involve areas ranging from pay and medical leave to benefits for work injuries and protections from discrimination based on certain characteristics. However, the laws can be complex, and employees may not always know the full scope of their rights. The Employment Law Center in the Justia Legal Guides aims to inform and empower them. It addresses many of the key questions that may arise as the employment relationship unfolds. Below are some examples.

Am I an Employee or an Independent Contractor?

Some employers intentionally or unintentionally misclassify employees as independent contractors. This means that workers receive fewer benefits and protections than those to which they should be entitled. The question of whether a worker is an employee or an independent contractor is not as straightforward as the label that the employer applies. Instead, determining their status will require considering factors such as whether the business has the authority to direct the worker’s performance of their job duties and control the business aspects of the worker’s job.

What’s the Minimum Wage Where I Live?

Federal law requires a minimum wage of $7.25 per hour, unless an employee is “exempt” under the law, but some states have a higher minimum wage. Moreover, distinctive rules apply to tipped workers. Justia has compiled a 50-state survey of minimum wage laws. This addresses issues such as the general minimum wage, the minimum wage for tipped employees, and the government agency in that state that enforces minimum wage laws. The survey also includes links to applicable statutes so that an employee can research the topic further.

When Do I Get Overtime Pay?

The federal Fair Labor Standards Act provides a right to overtime pay for non-exempt employees. This consists of time and a half wages for every hour worked beyond 40 hours in a workweek. Often, a failure to pay overtime as required affects a large number of employees. They may be able to bring a class action against the employer to recover compensation.

Do I Have a Right to Meal Breaks?

Although federal law does not require an employer to provide meal breaks to employees, some states require meal breaks. Justia provides a 50-state survey that explains this topic in detail. It covers issues such as whether a state requires meal breaks or rest breaks, or both, as well as whether distinctive rules apply to minors and which state agency enforces these laws.

Can My Employer Fire Me for Being Too Old?

The federal Age Discrimination in Employment Act applies to employers with 20 or more employees. It prohibits age discrimination in employment when it affects workers who are 40 or older. A worker who believes that their rights under the ADEA have been violated can file a complaint with the Equal Employment Opportunity Commission. In addition, some states have enacted age discrimination laws that cover a broader range of employers or employees, or both. Justia has compiled a 50-state survey on employment discrimination laws that discusses this additional layer of protection.

Can a Company Reject My Job Application Because I’m Gay?

While federal statutes do not explicitly prohibit sexual orientation discrimination, the U.S. Supreme Court ruled in 2020 that the prohibition against sex discrimination in Title VII of the Civil Rights Act covers employment discrimination based on sexual orientation and gender identity. This means that a company covered by Title VII cannot refuse to hire a job applicant just because they’re gay. In addition, many states have enacted anti-discrimination statutes that specifically cover sexual orientation and gender identity, or have decided to interpret state laws against sex discrimination similarly to Title VII.

How Far Does My Employer Need To Go in Accommodating My Disability?

The Americans With Disabilities Act requires an employer to make reasonable accommodations for employees and job applicants with disabilities who are otherwise qualified for the job. These accommodations are meant to allow the employee to perform an essential function of the job or receive equal benefits and privileges. An accommodation may take the form of a modest physical change to a workplace or carving out an exception in a workplace policy, among other examples. An employer does not need to provide an accommodation that would pose an undue hardship, although this usually requires more than the fact that an accommodation would cost something.

What Does Sexual Harassment Look Like in the Workplace?

Probably the most infamous form of sexual harassment is quid pro quo harassment. This involves a direct exchange of sexual favors for a job benefit, or to avoid the loss of a job benefit. However, behavior that is sufficiently severe or pervasive may create a hostile work environment, which also may support a sexual harassment claim. A single incident of sexual assault may meet the hostile work environment standard by itself, while a pattern of gestures, unwelcome touching, or verbal or electronic harassment may have a cumulative effect that creates a hostile work environment.

Can I Take Time Off To Care for My Sick Relative?

The federal Family and Medical Leave Act allows many employees to take up to 12 weeks of unpaid leave in a year if one of their immediate family members suffers from a serious illness. However, the FMLA covers only employers with at least 50 employees within a 75-mile radius, and the employee must have worked for the employer for at least 12 months, and have worked for at least 1,250 hours during the 12 months preceding the leave. State laws on family and medical leave may provide greater benefits or cover more employers or employees. Justia provides a 50-state survey on these laws.

What Benefits Can I Get Through Workers’ Compensation?

Benefits available through workers’ compensation generally include reasonable and necessary medical expenses, as well as any vocational rehabilitation that may be needed. An employee also may recover disability benefits to replace a portion of their lost wages. These benefits generally vary depending on whether the disability is permanent or temporary, and whether it is total or partial. Sometimes a worker may choose a lump sum settlement instead of recurring benefits payments, but these arrangements have important pros and cons to weigh carefully before reaching a decision.

Final Thoughts

When a dispute arises in the workplace, an employee ideally should consult an employment lawyer who can explain how the nuances of the law apply to their specific situation. However, the Employment Law Center in the Justia Legal Guides offers a starting point for any legal research that the employee conducts on their own. It can give them a general sense of their rights and obligations, as well as those of their employer. Thus, the Employment Law Center furthers Justia’s mission of making the law free and accessible for all.

• Justia Legal Resources: Lawyers and the Legal Process Center
• Justia Legal Resources: Elder Law Center
• Justia Legal Resources: Workers’ Compensation Law Center

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