All guides
Employmentbeginner 8 min read

Employment Rights: What Workers Need to Know

Overview of federal and state employment rights including wages, overtime, discrimination, family leave, and workplace safety.

Employment Rights

Wage and Hour Laws

Federal Minimum Wage: $7.25/hour (many states and cities have higher minimums — check yours)

Overtime: Non-exempt employees must be paid 1.5x their regular rate for hours over 40 per week (FLSA). Some states have daily overtime rules.

Exempt vs. Non-Exempt:

  • Exempt employees (salaried, $43,888+ annually as of 2024) are not entitled to overtime
  • Exemption requires meeting specific duties tests (executive, administrative, professional, outside sales, computer)
  • Being paid a salary alone does not make you exempt
  • Anti-Discrimination Protections

    Federal law prohibits employment discrimination based on:

  • Race, color, national origin (Title VII)
  • Sex, pregnancy, gender identity, sexual orientation (Title VII)
  • Religion (Title VII)
  • Age 40+ (ADEA)
  • Disability (ADA)
  • Genetic information (GINA)
  • These protections cover hiring, firing, pay, promotions, harassment, and all other terms of employment. Applies to employers with 15+ employees (20+ for age discrimination).

    Family and Medical Leave

    The FMLA provides eligible employees with:

  • 12 weeks of unpaid, job-protected leave per year
  • For: birth/adoption of a child, serious health condition (yours or a family member's), military family leave
  • Eligibility: Worked for the employer 12+ months, 1,250+ hours in the past 12 months, employer has 50+ employees
  • Many states have expanded family leave laws with paid benefits
  • Workplace Safety

  • OSHA requires employers to provide a workplace free of known hazards
  • You have the right to report unsafe conditions without retaliation
  • You can file an OSHA complaint anonymously
  • You have the right to refuse work that poses imminent danger to your life
  • What to Do If Your Rights Are Violated

  • Document everything — dates, times, witnesses, communications
  • Report the issue internally through HR or management
  • File a charge with the EEOC (discrimination) or a complaint with the DOL (wage violations)
  • Consult an employment attorney — many work on contingency (no fee unless you win)
  • Disclaimer: Employment laws vary by state and city. Many jurisdictions provide stronger protections than federal law. Consult an employment attorney for advice specific to your situation.

    Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for your specific situation.