Misinformation is one of the causes of the injustices that many workers face, with violations of their rights that can range from salaries below the legal minimum, theft of benefits, work in precarious conditions, without leaving aside situations of abuse and discrimination. For you to begin to take control, you must know your rights and how a labor lawyer in the United States can help you in cases of vulnerability.

Know your rights in the United States as a worker

The first thing you should know is that both employers and employees are obliged to comply with labor laws , with their rights and obligations for both.

In this case, it is essential that you take control of your situation as a worker, starting with knowing your labor rights so that you know how to maintain your interests and guarantee your livelihood.

Following this order of ideas, labor lawyers in the United States have federal and state laws to carry out their management. Bearing in mind that some legal protections may vary depending on the place where you live or work, the type of work and the particularity of the case.

Currently there are a variety of laws that regulate the employment relationship, however, among the aspects of this legal body the following stand out:

Fair Labor Standards Act (FLSA)

Federal application law that, regardless of immigration status, establishes rules on minimum wage, overtime and other binding issues that affect both full-time and part-time employees. But, it has certain limitations because some workers may be exempt from certain protection.

If you suspect that you are a victim of wage theft, an employment lawyer could represent you so that you can be compensated for back wages and damages.

Federal Anti-Discrimination Protection Laws

Establishing a prohibition on employers from making employment decisions based on color, race, religion, sexual orientation, gender identity, pregnancy, nationality, genetic disease, malformity or in workers over forty years of age. Being applicable both in hiring and at any time during the employment relationship, they are called salary, salary benefits, training, promotions or dismissals.

Right to a healthy and safe work environment

Your employer is legally obligated by the safety standards established by the Occupational Safety and Health Administration (OSHA) to guarantee an adequate work environment. Free of known hazards, as well as to take measures to prevent accidents and illnesses. labor.

Protection against unjustified dismissals

Applicable in cases of dismissal for illegal reasons, that is, outside what has been determined as failure to comply with the worker’s obligations.

Other rights

As the federal law Family and Medical Leave Act or FMLA, applicable in companies that have a payroll equal to or greater than fifty employees. Is related to the right to a leave of up to twelve weeks a year, for the arrival of a baby or to care for sick relatives, but without pay.

Your voice deserves to be heard and labor lawyers are key to enforcing your rights as a worker in the USA. And guaranteeing your well-being during the workday.

Actions to take if your employer violates US labor laws

You should be prepared to seek help from a legal professional if you suspect that your boss has committed any irregularity regarding the application of current labor laws in the United States. Regarding discrimination, denial of benefits, wage theft, conditions. work environments or any abuse typified by laws and other legal protections.

So that your labor lawyer can defend your violated rights , be attentive with the following actions:

• Gather evidence and document the incident as best as possible.
• Make the internal report of the situation in writing, following the procedures of the Employee Manual of your workplace. If it does not exist in your work unit, present it to a supervisor, human resources department or a responsible person.
• If you do not receive a response, file your complaint with the corresponding government agency. If your case involves harassment or discrimination, an alternative is the US Equal Employment Opportunity Commission or EEOC. While if it involves irregularities in occupational safety and health issues, it goes to the Occupational Safety and Health Administration (OSHA) Or in cases of non-compliance in salary issues, it goes to the Wage and Hour Division or WHD

Worker rights according to the type of employment

Legal regulations in the United States are complex and numerous, and the field of labor law does not escape this reality. For example, workers are protected by federal, state and local laws , which regulate minimum wage, rest days, compensation, withholdings, among other aspects. But they are also regulated according to the type of work, that is, full-time, part-time or as an independent contractor.

However, the way employers classify workers is not simple. As they can also vary depending on the industrial or service sector where they perform their work.

Especially for part-time employees, it is usually employers who determine the benefits they offer them.

Tip from your employment lawyer: To verify your status as an employee or independent contractor, check your tax form: if your IRS form is 1099, it means you are a contract worker.

Immigration status and labor rights in the United States

You should know that as an undocumented worker, US labor laws protect you . Therefore, you can contact a representative of a government agency to file a complaint for a labor violation; they should not ask you about your immigration status. Also pay attention to this: your employer cannot mistreat or threaten you because you are undocumented or an immigrant worker.

Regardless of immigration status, throughout the United States, all people are guaranteed access to the legal system. Being able to file lawsuits in case of violation of rights. Such as injuries to physical and emotional integrity, theft of salary benefits and other matters in the workplace.

If you consider that your rights in your workplace have been violated and you plan to sue your employer, contact a labor lawyer in your community who will support you so that your rights as a worker in the United States are respected. Evaluating your case for free, confidential and without obligation.