Workers` compensation laws protect workers who are injured or ill on the job. The laws establish employee insurance, a form of insurance that employers pay. These laws vary from state to state and for federal employees. Gender (including sexual orientation and gender identity). Learn more about protection from harassment and discrimination for LGBTQ employees. These protections apply regardless of any national or local laws to the contrary. Employers of all shapes and sizes require their employees, at will or temporarily, to enter into employment contracts that clearly define the duties and obligations that the employee owes to the employer during and after the employment relationship. Some of the general obligations contained in employee agreements include: Employees have the right to the confidentiality of their personal information in the workplace. Employers are required to retain personal information about employees, such as wages, marital status, disability and other sensitive information.
Employers cannot interfere with an employee`s personal space, listen to personal phone calls, or read personal emails. On the other hand, employers are free to monitor workplace communications, such as the use of the Internet and telephone systems. Employees are required to maintain a certain degree of discretion when using the equipment for personal reasons. The Payroll and Hours Division also administers the labor standards provisions of the Immigration and Nationality Act that apply to aliens authorized to work in the United States under certain nonimmigrant visa programs (H-1B, H-1B1, H-1C, H2A). In the case of contract or term employees, the employee is expected to faithfully provide the services for which he or she contracted during the entire period or period of service. The courts currently rule that an employee who leaves before the deadline cannot claim compensation for work performed. However, some courts consider that even in this case, the employee is entitled to payment for the work performed “quantum meruit”, less what the employer lost due to the need to pay a higher salary to the employee`s successor, or the amount lost due to the employee`s non-performance of the contract. I provide our clients with comprehensive support in their legal affairs, but my greatest expertise lies in corporate law, contract law and labour law.
Employers and employees have many rights and obligations in the workplace. Workplace rights protect workers from potentially dangerous events such as unsafe working conditions or discrimination. Workplace commitments hold employees accountable for their actions and ensure that employees behave ethically and responsibly. The Equal Pay Act (EPA) – calls for equal pay for equal work for men and women Employees have a responsibility to their employers, even if they work part-time or do not have a written contract with their employers. Federal laws protect dockers, dockers, miners and federal employees. Contact your workers` compensation program for help making a claim. The Fair Labour Standards Act imposes standards for overtime pay and pay that affect most private and public labour relations. The Act is administered by the Department of Wages and Hours of Work.
It requires employers to pay insured workers who are not otherwise exempt from at least federal minimum wage and overtime pay at one and a half times the regular wage rate. For non-agricultural holdings, it restricts the working hours of children under 16 and prohibits the employment of children under 18 in certain occupations deemed too dangerous. For farms, it prohibits the employment of children under the age of 16 during school hours and in certain occupations deemed too dangerous. A trade union is an organization of employees that negotiates with employers on behalf of its members. The purpose of a union is to negotiate employment contracts. Several different federal organizations deal with questions or complaints about workplace problems, depending on the nature of the problem: Employees have the right to do their work in a safe environment free from workplace hazards and undue stress. Employers have an obligation to ensure the safety of workers. Harmful working conditions can also include inappropriate work obligations and hours, as well as unfair compensation. Fair labour standards ensure that employees are paid for all hours worked.
These standards also limit the time an employer can require an employee to perform work-related tasks. Certain laws and regulations enforced by the U.S. Department of Labor require notices to be provided to employees and/or posted in the workplace. The DOL provides free electronic and printed copies of these required posters. When a union leader negotiates an agreement, it binds union members and the employer. Sometimes these agreements also concern non-unionized workers. Trade unions are present in the private sector and in public bodies. The Law on the Protection of Migrant and Seasonal Workers regulates the recruitment and employment activities of agricultural employers, agricultural entrepreneurs and associations that employ migrant and seasonal workers in agriculture. The law imposes wage protection, housing and transportation safety standards, registration requirements for agricultural workers, and disclosure requirements. The Department of Wages and Hours of Work administers this law.
The Immigration and Citizenship Act requires employers who wish to employ temporary foreign workers on H-2A visas to obtain an employment certificate from the Employment and Training Administration certifying that there are an insufficient, able, willing, and qualified number of U.S. workers available to work. The H-2A program`s labor standards protection is enforced by the payroll and hours department. These obligations may be included in the employment contract, but even in the absence of a contract, the right of representation requires that an employee owes these specific obligations to the employer, even if the contract does not mention them. Éducaloi provides general information on the law applicable in Québec. It is neither legal nor legal advice. To find out the rules specific to your situation, contact a lawyer or notary. Youth employment laws help ensure that young workers are safe in the workplace and that work does not interfere with school. They can also protect young people from discrimination in the workplace. If you get injured while working for a private company or a state or local government, ask your state for help. Your state compensation program can help you make a claim.
If your application is rejected, you can appeal. Compensation for lost wages while a worker recovers The federal minimum wage is the lowest legal hourly wage for many workers. Tips may have a different salary. The Fair Labour Standards Act (FLSA) exempts agricultural workers from overtime premiums, but requires minimum wage payments to workers employed on large farms (operations with more than seven full-time employees). The Act contains special regulations on child labour that apply to agricultural employment; Children under the age of 16 are prohibited from working during school hours and in certain occupations deemed too dangerous. Children employed on their family`s farms are exempt from these regulations. The Department of Wages and Hours of Work administers this law. OSHA also has specific safety and health standards that may apply to farms. The U.S.
Department of Labor (DOL) administers and enforces more than 180 federal laws. These mandates, and the regulations they implement, cover many workplace activities for some 150 million workers and 10 million jobs. The Occupational Safety and Health (OHS) Act is administered by the Occupational Safety and Health Administration (OSHA). Safety and health conditions in most private industries are regulated by OSHA or OSHA-approved government programs that also cover public sector employers. Employers covered by the Occupational Health and Safety Act must comply with OSHA regulations and health and safety standards. Employers also have a general obligation under the Occupational Health and Safety Act to provide their employees with work and a workplace free from identified serious hazards. OSHA enforces the law through workplace inspections and investigations. Compliance support and other collaborative programs are also available. If you have worked for a private company or the state government, you should contact the workers` compensation program of the state where you lived or worked. The Office of Workers` Compensation Programs of the Department of Labor has no role in administering or overseeing government workers` compensation programs. Know the rules: Choose your age and find out what work you can do and when.
Employers must comply with all Occupational Safety & Health Administration (OSHA) standards. These protect you from workplace injuries. In addition to complying with federal and state regulations on youth labor, employers must: The Federal Employee Compensation Act (FECA), 5 U.S.C. 8101 et seq., establishes a comprehensive and exclusive workers` compensation program that pays compensation for the disability or death of a federal employee as a result of bodily injury sustained in the performance of his or her duties. FECA, administered by the OWCP, provides benefits for total or partial disability, lump sum premiums for permanent or enjoyment of certain body members, related medical expenses, and vocational rehabilitation. The Americans with Disabilities Act (ADA) – Prohibiting discrimination against workers with disabilities and ordering reasonable accommodation The employer and union can agree on workers` working conditions, such as annual leave, pay increases and sick leave. These working conditions are then set out in the collective agreement. A collective agreement is a contract between the employer and all employees.