A Simple Overview of Worker’s Rights

a man holding up a smiley face and a sad face and holding the happy one over his own faceAs an employee of the American workforce, you have rights that protect you. Some worker’s rights vary based on the state in which a person works. Regardless, the U.S. Department of Labor has established standards in occupational safety, wages and number of hours worked. The DOL also deals with unemployment insurance benefits, re-employment services and a some of the country’s economic statistics. Furthermore, the DOL administers and enforces over 180 federal laws. These laws cover the majority of workplace activities for over 10 million employers and 125 million workers. If you need legal assistance, the Law Office of Perry Piñon is ready to help.

Synopsis of Worker’s Rights in Regards to Wages and Hours Worked

Under the Fair Labor Standards Act, employers are required to pay covered non-exempt employees at least the federal minimum wage as well as overtime pay of one-and-one-half times the regular rate of pay. In addition, when it comes to non-agricultural operations, the hours that children under age 16 can work are restricted and children under the age of 18 are forbidden to work  certain jobs that have been deemed too dangerous. For agricultural operations, children under age 16 are forbidden from working during school hours and in certain jobs deemed too dangerous. These worker’s rights are enforced by the Wage and Hour Division of the DOL.

Worker’s Rights in Regard to Workplace Health and Safety

Safety and health conditions in most private industries as well as those pertaining to public-sector employers are regulated by The Occupational Safety and Health (OSH) Act or an OSHA-approved state program. Employers covered by this Act must comply with the regulations as well as the health and safety standards expressed within it. In addition, employers also have a general responsibility under the Act to provide their employees with work, and a workplace free from recognized, serious hazards. These requirements are imposed through workplace inspections and investigations.  There are also compliance assistance and other cooperative programs available.

Worker’s Rights and Compensation

The U.S. Department of Labor, Office of Workers’ Compensation Programs, does not have a role in the administration or oversight of state workers’ compensation programs. Therefore, if you worked for a private company or a state government, you should contact the workers’ compensation program for the state in which you lived or worked. However, there are four acts that enable specific types of employees from collecting benefits due to health issues believed to have been contracted due to the work completed.

These are The Longshore and Harbor Workers’ Compensation Act (LHWCA) that provides for compensation and medical care to certain maritime employees, The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) for Department of Energy employees, The Federal Employees’ Compensation Act (FECA), and The Black Lung Benefits Act (BLBA) for coal workers.

Have the Law on Your Side

Worker’s rights are incredibly important. If you believe that your employer violated any of these or any other worker’s right and you are in El Paso, call the Perry Pinon Law Firm. He will give you the legal representation and service you deserve.