Work and employment law: your rights at work

In every state except Montana, most jobs are “at will”: you can be fired for no reason, but never for an illegal one, such as discrimination or retaliation for a complaint. See Wrongful termination. Mont. Code Ann. § 39-2-904

It depends on the reason: 30 days for an OSHA safety complaint, 180 or 300 days for an EEOC charge, and 6 months for an NLRB charge. See Wrongful termination. 29 U.S.C. § 660(c)(2) · 42 U.S.C. § 2000e-5(e)(1) · 29 U.S.C. § 160(b)

The federal minimum wage is $7.25 an hour. Many states and some cities set a higher rate, and when both state and federal law cover you, you are entitled to the higher one. See Minimum wage. 29 U.S.C. §§ 206(a)(1)(C), 218(a)

Under federal law, 2 years from the missed pay, or 3 years if the violation was willful. Many states give you longer under their own wage laws. 29 U.S.C. § 255(a)

A salary alone does not make you exempt. Your actual duties and your pay level decide whether overtime applies. 29 C.F.R. Part 541

No. An employer, including its managers and supervisors, may not keep any part of employees’ tips, whether or not it takes a tip credit. 29 U.S.C. § 203(m)(2)(B)

You file a charge with the EEOC within 180 days, or 300 days if a state or local agency enforces a law against the same discrimination. 42 U.S.C. § 2000e-5(e)(1)

Most private-sector employees are protected when they discuss pay and working conditions with coworkers. Supervisors are not covered. NLRA § 7 · 29 U.S.C. § 157

No law requires you to sign one, but an employer may ask before or after you start. Whether it binds you depends on your state: California, Minnesota, North Dakota, Oklahoma and Wyoming void most of them, and Washington, Oregon, Colorado, Illinois, Maine, Maryland, Virginia and DC void them below a pay level. See non-compete agreements. New York Attorney General: Noncompete agreements · Minn. Stat. § 181.988 · Wyo. Stat. § 1-23-108

If you are eligible, the Family and Medical Leave Act gives you up to 12 workweeks of unpaid, job-protected leave in a 12-month period, and your group health coverage continues. You need 12 months with the employer, at least 1,250 hours in the last 12 months, and 50 or more employees within 75 miles. California and New York add their own leave and pay. See FMLA leave. 29 U.S.C. § 2612(a)(1) · 29 C.F.R. §§ 825.110, 825.209

Harassment based on sex or another protected trait that is so severe or so frequent that a reasonable person in your position would find it abusive. Sexual harassment is also illegal when a job decision depends on accepting or rejecting sexual advances. California and New York cover harassment at employers of any size, and Texas covers sexual harassment at employers with one or more employees. See Sexual harassment and hostile work environment. EEOC · 29 C.F.R. § 1604.11 · Cal. Gov. Code § 12940 · N.Y. Exec. Law § 292 · Tex. Lab. Code § 21.141

No federal law requires severance pay; it is owed when a contract, a written policy or a state law promises it. If you are 40 or older and the agreement waives age claims, you get at least 21 days to consider it and 7 days to revoke. See severance pay. 29 U.S.C. § 626(f)

Tell your employer, best in writing, what is hard to do and what change would help. Employers with 15 or more employees must provide it unless it causes undue hardship. See reasonable accommodation. 42 U.S.C. § 12112(b)(5)(A) · 29 C.F.R. § 1630.2(o)

It depends on how the work is done, not on a 1099 or a contract. Many states use the ABC test for unemployment: you are an employee unless the company proves you are free from its control, your work is outside its usual business, and you run your own independent business. See independent contractor or employee?. Cal. Lab. Code § 2775 · 29 C.F.R. § 795.110

Convictions, with no federal time limit. Arrests that did not lead to a conviction, civil suits and judgments, and most other negative items for 7 years, and bankruptcies for 10, unless the job pays $75,000 a year or more. The employer needs your written permission and must give you a copy of the report before it acts on it. See background checks for a job. 15 U.S.C. §§ 1681b(b), 1681c

A share of your benefits that state law sets or caps, usually approved by the agency or a judge: 15% of most awards in New York, 20% in New Jersey, 25% in Texas and Georgia, usually 9% to 15% in California. See Workers' comp lawyer: what one can charge. N.Y. Workers' Comp. Law § 24(2) · Tex. Lab. Code § 408.221 · California DWC

Not to start: you can file with the EEOC or your state agency yourself. Watch the deadline first: 180 or 300 days for an EEOC charge, 6 months in Kansas and Washington, 3 years with California's agency. If you win a wage case, the employer pays your lawyer. See Do I need an employment lawyer? EEOC: Time limits for filing a charge · 29 U.S.C. § 216(b) · 42 U.S.C. § 2000e-5(k)