Workers’ Rights Under the Trump Administration: What You Need to Know

As it has happened with every other person who has previously taken office, your rights as a worker are changing under the Trump administration. According to Vice News, the Trump administration has asked the Supreme Court to “slash” workers’ rights. So, what does this mean for you? Well, let’s break it down.

A Recap of What’s Going On

Since the U.S. Supreme Court started its 2017 term on October 2nd, it has dealt with many issues, including labor rights, immigration rights, and gerrymandering. The labor rights case, which is actually a consolidation of three different cases, has split both the high and lower courts down the middle. The case involves employees who have sued their employers because they were not properly paid for overtime. While this may seem like a touch and go case, it’s actually quite complicated. You see, while the National Labor Relations Act protects an employee’s right to sue, this protection can be compromised by signing an arbitration agreement can prohibit your right to do so.

So, it’s a bit messier than you may have thought, right? To explain it straight, the arbitration agreements violate the National Labor Relations Act and the NLRA violates the arbitration agreements, hence why many of the lower courts are torn. However, since last reported, it appears the Department of Justice has primarily sided with employers.

What can this mean for you?

Filing a Lawsuit Against Your Employer: The Process

It’s not unheard of for employees to sue their employers. There are good employers and there are bad employers—it can be as simple as that, but it usually isn’t quite that easy. If you are wrongly discriminated against, your employer fails to pay you, or experience other serious issues, you normally have the option to file a lawsuit, especially if you have already spoken to your employer about the issue without seeing a change in the problem. Here’s what this process might look like:

1. Document the problem. Be sure you have evidence that you have been discriminated against, caused emotional distress, and so on.
2. Make sure you’re within the statute of limitations. If you wait too long, the case may not fall within the statute of limitations, essentially making it moot.
3. Take legal action. Before taking this step, be sure that a) you have documented the problem, b) have attempted to solve the problem another way, and c) have the time and money it’ll take to go through with the case.
4. Find a lawyer who can accurately help you. The case may be long and tiring and you’ll want someone by your side who can represent you in court.

What You Need to Know

There are a couple of important things to keep in mind if you’re considering filing a lawsuit against your employer. First, if you signed an arbitration agreement, it may make the case more difficult for you. Second, if you want to successfully protect your workers’ rights, working with an employment lawyer can help. If you need representation and are in the El Paso area, the Law Offices of Perry Pinon can assist you. Call us today for more information.