Understanding US Labour Law

Key U.S. Labor Laws and Employee/Employer Rights

1. Fair Labor Standards Act (FLSA)

• Overview: Establishes federal standards for minimum wage, overtime pay, recordkeeping, and child labor.
• Employee Rights:
  • Minimum Wage: As of 2025, the federal minimum wage is $7.25/hour, though many states set higher rates (e.g., California: $16.50/hour; New York: $16.00/hour in 2025). Employees are entitled to the higher of federal or state minimum wage.
  • Overtime Pay: Non-exempt employees must receive 1.5 times their regular pay rate for hours worked over 40 per week. Exempt employees (e.g., certain professionals, managers) are not eligible for overtime but must meet specific salary and job duty criteria (e.g., salary threshold of ~$58,656/year in 2025).
  • Child Labor Protections: Minors (under 18) face restrictions on hazardous work and hours, especially for those under 16.
• Employer Rights/Responsibilities:
  • Can classify employees as exempt or non-exempt based on job duties and salary, but must comply with FLSA criteria.
  • Must maintain accurate records of hours worked and wages paid.
  • Can set work schedules, provided they comply with wage and hour rules.
  • Must post FLSA notices in the workplace.
• Relevance for Newcomers: Ensures fair pay for hours worked. Check your state’s minimum wage, as it’s often higher than the federal rate. Non-citizens with work permits (e.g., H-1B, green card holders) have the same wage protections.

2. Title VII of the Civil Rights Act of 1964

• Overview: Prohibits workplace discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), and national origin.
• Employee Rights:
  • Protection from discrimination in hiring, firing, promotions, pay, and other employment terms.
  • Right to a workplace free from harassment based on protected characteristics (e.g., hostile work environment due to national origin).
  • Can file complaints with the Equal Employment Opportunity Commission (EEOC) if discriminated against.
• Employer Rights/Responsibilities:
  • Can make employment decisions based on job performance or qualifications, provided they don’t discriminate.
  • Must investigate and address harassment or discrimination claims promptly.
  • Must provide reasonable accommodations for religious practices unless it causes undue hardship.
• Relevance for Newcomers: Protects against discrimination due to national origin or accent, which is critical for immigrants. For example, an employer cannot refuse to hire you solely because of your country of origin or immigration status (if you’re legally authorized to work).

3. Occupational Safety and Health Act (OSHA)

• Overview: Ensures safe and healthful working conditions through standards enforced by the Occupational Safety and Health Administration.
• Employee Rights:
  • Right to a workplace free from recognized hazards (e.g., unsafe machinery, chemical exposure).
  • Can request OSHA inspections without retaliation.
  • Access to safety training and hazard information in a language you understand.
  • Right to report workplace injuries without fear of reprisal.
• Employer Rights/Responsibilities:
  • Must provide a safe workplace, complying with OSHA standards (e.g., proper equipment, ventilation).
  • Can establish safety protocols but must not retaliate against employees for reporting violations.
  • Must maintain records of work-related injuries and illnesses (for businesses with 10+ employees).
• Relevance for Newcomers: Ensures safe conditions, especially in high-risk industries like construction or manufacturing, where many immigrants work. You can report unsafe conditions anonymously to OSHA.

4. Family and Medical Leave Act (FMLA)

• Overview: Provides eligible employees with unpaid, job-protected leave for specific family or medical reasons.
• Employee Rights:
  • Up to 12 weeks of unpaid leave per year for: birth/adoption of a child, serious health condition (yours or a family member’s), or caring for a service member.
  • Job protection during leave and continuation of group health benefits.
  • Eligibility: Must work for a covered employer (50+ employees), have worked 1,250 hours in the past 12 months, and be at a worksite with 50+ employees within 75 miles.
• Employer Rights/Responsibilities:
  • Can require medical certification for leave.
  • Not required to pay employees during FMLA leave but must restore them to their original or equivalent position.
  • Can deny leave to ineligible employees or for non-qualifying reasons.
• Relevance for Newcomers: Useful for medical emergencies or family needs, but eligibility depends on employer size and your work history. Some states (e.g., California, New York) offer paid family leave programs with broader coverage.

5. Americans with Disabilities Act (ADA)

• Overview: Prohibits discrimination against individuals with disabilities and requires reasonable accommodations.
• Employee Rights:
  • Protection from discrimination due to a disability (physical or mental impairment that substantially limits major life activities).
  • Right to reasonable accommodations (e.g., modified work schedules, equipment) unless it causes undue hardship to the employer.
  • Applies to employers with 15+ employees.
• Employer Rights/Responsibilities:
  • Can require employees to meet job qualifications and perform essential functions.
  • Must engage in an interactive process to determine accommodations but can refuse if they’re overly costly or disruptive.
• Relevance for Newcomers: Ensures access to accommodations for disabilities, which may be important if you or a family member has health needs. Non-citizens have the same ADA protections.

6. Immigration Reform and Control Act (IRCA)

• Overview: Regulates employment of non-citizens and prevents unauthorized work.
• Employee Rights:
  • Employers cannot discriminate based on citizenship status or national origin when hiring (if you’re legally authorized to work).
  • Right to work if you have valid authorization (e.g., green card, work visa, Employment Authorization Document).
  • Employers must verify work eligibility via Form I-9 but cannot demand specific documents.
• Employer Rights/Responsibilities:
  • Must verify work authorization within three days of hire using Form I-9.
  • Can refuse to hire undocumented workers and face penalties for knowingly employing them.
  • Must retain I-9 forms for inspection by Immigration and Customs Enforcement (ICE).
• Relevance for Newcomers: Critical for immigrants. You must provide proof of work authorization (e.g., passport, visa, EAD). Employers cannot ask for more documents than required or discriminate based on your legal status.

7. National Labor Relations Act (NLRA)

• Overview: Protects employees’ rights to organize, join unions, and engage in collective bargaining.
• Employee Rights:
  • Right to form or join a union and bargain collectively for wages, benefits, and working conditions.
  • Protection from retaliation for union activities or discussing workplace issues (e.g., wages) with coworkers.
  • Applies to most private-sector employees, even non-union workers.
• Employer Rights/Responsibilities:
  • Can express opinions about unions but cannot interfere with, restrain Pillars of the Community