The common law rule that defines an employee applies even if you give the employee some freedom of action. What matters is that if you have the right to control the method of services – the how, when and where – and not just the results. To improve workplace safety, the Occupational Safety & Health Administration (OSHA) has updated its existing rules on how employers must report workplace injuries or illnesses. The National Labor Relations Board (NLRB) is an independent federal agency. It monitors and protects the rights of most private sector (non-governmental) workers. The NLRB helps workers decide whether unions should be used as negotiators. All employers must notify OSHA within 8 hours of a workplace death or within 24 hours of a work-related hospitalization, amputation, or eye loss. [Employers under federal OSHA jurisdiction were required to begin reporting by January 1, 2015. State entities with a state OSHA program may have a different implementation date]. Most people have heard all about the legal rights of employees in the workplace and protection from certain employer behaviors. Employers` rights are less discussed.
As a result, employers and their managers do not fully understand the extent of their authority over their employees. However, to be effective managers, employers need to understand what their workplace rights are. While hostile work environments are often associated with sexual harassment, they can actually be the result of any form of discrimination, and employers need to make this clear to their employees. “We don`t pick on people because they`re over 40,” Perry says. “We don`t pick on people because they`re of a different religion.” Some employers may break the law before you are even hired. The EEOC enforces laws that prohibit a dozen different types of discrimination, and in most cases, employers can`t use these factors in their hiring decisions or even ask about them during the interview process. This means that an application cannot ask for age, marital status, religion or pregnancy plans, among others. Hiring independent contractors instead of employees is a way for businesses to reduce costs. This allows them to avoid paying benefits and certain payroll taxes. However, companies can classify workers as independent contractors if they are actually employees.
“If the employer has control over the person, they are an employee,” says Angela Reddock-Wright, an employment lawyer and mediator at Reddock Law Group in Los Angeles. Due to arbitrary employment, as well as clauses in some employment contracts, it may be legal for an employer to terminate an employee for external behavior, including posting content on social media. However, some state laws may prevent employers from taking action against employees for off-duty conduct if the employer cannot prove that the employee`s actions actually harmed the employer`s reputation or business. In general, however, here are nine of the most common ways employers knowingly or unknowingly violate labor laws. Do you have enough staff to be covered? Federal labor laws generally apply to employers above a certain size, defined in terms of the number of employees they have. But how do you count your employees if you have part-time workers or if your payroll decreases and fluctuates with the seasons? If you think the working conditions are unsafe or unhealthy, you can file a confidential complaint with OSHA and request an inspection. If possible, communicate your concerns to your employer. Your responsibility as an employer under various employment laws, including the Wages and Hours of Work Act, payroll taxes, and anti-discrimination laws, depends on a variety of factors, including whether your employees are classified as employees and how many employees you work. Under the NLRA, employees have ample opportunity to speak publicly about their employers, including on social media. Indeed, the attempt to restrict workers` communications may be considered an illegal attempt to prevent them from unionizing or organizing. “This doesn`t mean that an employee has carte blanche to post whatever they want on social media,” Sarver says. Threats of violence, harassing behaviour and malicious misrepresentation may be grounds for disciplinary action or dismissal.
If you are under the age of 18 and want to find a job, it is important to know your rights and restrictions as an employee. Youth employment laws exist to protect you from dangerous and inappropriate work experiences. You also need to make sure that your work doesn`t interfere with your education. These laws stipulate: ADEA. The Employment and Age Discrimination Act, also known as ADEA, applies to employers with 20 or more employees and aims to protect people over the age of 40 from discrimination in the workplace. In particular, you cannot discriminate on the basis of age by hiring younger employees because they are younger, paying less to an older person because the employee is older, or firing an older employee before a younger employee because the older employee is older. However, ADEA says it is not illegal for you to comply with the terms of a bona fide seniority system. However, some HR professionals note that in some cases, arbitrary dismissals can haunt employers.
Indeed, a worker who has been terminated without notice and who otherwise has a clean work record could claim that her dismissal was discriminatory and could file a complaint or lawsuit. Employers who want to avoid being the target of legal action take the time to develop a termination process, such as requiring warnings before an employee can be fired, as well as a good employee record-keeping policy that documents performance and behaviour. Although employers have a great deal of leeway in hiring and promotion decisions, they cannot discriminate against employees or candidates on the basis of protected characteristics such as race, religion or gender. Federal and state laws, as well as local ordinances, may vary in defining which characteristics are protected by anti-discrimination laws. Employers and employees should be aware of the laws in their area. Facial hair: Many employers have rules for men`s facial hair. While it is generally legal for an employer to require male employees to be clean-shaven or simply have a mustache, there may be instances where an employee can apply for an exemption. For example, some religious traditions require adult men who are or have been married to grow beards. If there is no health or safety reason for the close shaving rule, these men may be able to apply for a religious exemption from the grooming code. If you think the working conditions are unsafe or unhealthy, you can always file a complaint with OSHA about a dangerous work condition. If possible, inform your employer of the conditions. If the condition clearly poses a risk of death or serious bodily harm, OSHA does not have sufficient time to inspect, and an employee has brought the condition to the attention of the employer, the employee may have the legal right to refuse to work in a situation where he or she would be exposed to danger.
If you have questions about what to do, contact your local OSHA office. We will treat your data confidentially. We`re here to help. Since 1. As of January 2017, some employers are required to submit injury or illness data electronically. In this way, OSHA can improve the enforcement of workplace safety requirements and provide valuable online information to workers, job seekers, customers, and the general public. The new rule also prohibits employers from preventing their employees from reporting an injury or illness. The employer is responsible for ensuring that its workplace provides a safe environment and that employee complaints are handled appropriately.