The Rights of Employees and Their Protection

With the ongoing recession, the labor market is one of the most affected economic sectors worldwide, making workers more vulnerable to unemployment threats, abuses, and other unfair labor practices.

To prevent employment abuses, the government passed several employment laws that will protect workers and uphold their rights. These laws were enacted to safeguard the rights of employees and for their protection.

Minimum wage and overtime pays: the right for reasonable salary

According to the Fair Labor Standards Act (FLSA), the federal minimum wage is $6.55 per hour; and this was increased to $7.25 per hour in July 24, 2009.

In some cases, the federal minimum wage is lower than the state’s or vice versa. According to the law, companies should adopt payment provision which is more beneficial and advantageous to its workers.

The FLSA also covers overtime pays, requiring companies to give extra payments for every additional time a worker spends doing his job. This means that working more than 40 hours every week should be rightfully compensated.

In computing the overtime pays, the amount should not be less than one and a half times the regular pay a worker receives. For example, if his wage is $8 per hour, his overtime pay should be at least $12 every hour.

Meanwhile, there is an exception to the rule. This employment provision does not apply during holidays, weekends, and regular days of rest.

Also, overtime pays provision does not apply to some employees such as:

• Teachers and academic professionals
• Skilled computer professionals
• Workers engaged in fishing operations
• Seamen
• Workers in newspaper delivery
• Employees working in amusement park or any recreational establishment
• Switchboard operators of small-scale communication companies
• Casual babysitters
• Workers who serve as companions for sick or elderly people
• Some salespersons (selling aircrafts, vehicles, boats)
• Farm workers employed in a small farm
• News editors
• Radio broadcasters
• Taxi drivers
• Domestic workers who reside in their employer’s house
• Employees in theater industry

Freedom from employment discrimination

There are federal laws which are created to protect workers from all forms of discrimination based on gender, age, religion, marital status, political belief, race, color, and national origin.

Here are the five federal laws which tackle employment discrimination issues:

• Title VII of the Civil Rights Act of 1964

This act provides people with equal employment opportunity, the right to access federally-assisted programs, the right to access public education, the right to use public facilities, and the constitutional right to vote.

• The Equal Pay Act of 1963

Both genders doing the same job, having the same skills, and working under the same company should receive equal pay.

• The Age Discrimination in Employment Act of 1967 (ADEA)

No employer or company should discriminate a person based on age (this Act usually protects workers age 40 years and older).

• The Americans Disability Act of 1990 (ADA)

This Act has been created to protect disabled persons (physical or mental impairment) from discrimination while providing equal employment opportunity for them and giving them the chance to become productive individuals in the society.

• Civil Rights of Act of 1991

Victims of employment discrimination should be rightfully compensated. This Act further upholds the Employee Rights and Protection.